Hawk Management (UK) Limited

Business SkillsEmployment Responsibilities and Rights

Business and Administration

Kyeisha Sargeant 4/4/2012

Hawk Management (UK) Limited 2 Business Skills- Employment Responsibilities and Rights

Statutory Rights and Responsibilities

Contracts of Employment
1) The existing legislation in place to protect such is The equality Act 2010, this act replaced and conjoined The equal pay Act 1970, The sex discrimination Act 1975, The race relations Act 1976 and The disability Act 1995, as well as three major statutory elements that could be subject to discrimination in the work place, religion/ belief, sexual orientation and age. 2) The three main elements of a legally binding contract are, an offer an acceptance and consideration. An offer is an expression either verbally translated or written, that informs a person of the terms and conditions that are specific to the contract being entered into which are binding if the offer is accepted. The acceptance is the agreement to enter into the contract adhering to all the terms set out in the offer. This can also be a written document or a verbal communication. There is also a possibility for a counter-offer to be made, where terms and conditions are negotiated between the person making the offer and the person receiving the offer. Both parties must come to an absolute agreement in order for the new terms and conditions to be enforced. Consideration is the price paid for the promise; the exchange of an element from the promissor to the promisee as a trade for something of value given by the promisee to the promissory. For example, in employment an employee would exchange their labour for job stability, security, salary, experience etc from their employer. 3) The table below lists the basic employment rights for a worker, employee and self-employed individual. Worker National minimum wage Employee Statutory sick pay Self-employed Register with HM Revenue & Customs Submit an annual TAX return

Employment Rights and Responsibilities (ERR)

Minimum amount of paid Minimum notice period in the annual leave case of redundancy/ dismissal Work for no more than a Maternity/ paternity/ adoption Account for self TAX and NI maximum of 48 hours leave and pay payments 4) Within my working environment if I have any objections pertaining to the terms and conditions of my employment, I can discuss my issues with Harvey Gorden who is the Director.

Anti-discrimination
5) Three aspects that are covered by sex discrimination law are recruitment, pay and benefits and redundancy. It is in breach of The sex discrimination Act 1975 (amendment) Regulations 2008 and The equality Act 2010 for an employee to be refused a job due to their gender or

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 3 Business Skills- Employment Responsibilities and Rights receive a lower paid wage than that of a person in the same job as them of the opposite sex, as well as, being dismissed or made redundant on accounts of gender. 6) Sexual discrimination can be exempt for a vast amount of reasons three examples of these could be, teaching in a single sexed school, working within the film industry where a particular role requires a specific gender type in order for the characters true representation to be grasped and roles in religious establishments; Iman, Rabi, Nun, Priest etc. These types of exemptions are covered by the terms of COQ (Genuine Occupational Qualification), which states the nature of a specific job or the duties involved demand that an employee is of a particular sex.

Age Discrimination
7) Five aspects of employment in relation to age discrimination that fall under The equality Act 2010 could be observed as: 8) During the recruitment process it can be observed that age is discriminated at one point or the other. This can be exercised directly or indirectly. A form of indirect age discrimination would occur, where a company only advertised jobs in magazines and social networking sites aimed at young people. An example of direct discrimination against age would be if a company decided to only employ people above the age of 30 due to their belief that younger people lack work ethic, are unreliable, less experienced etc. Another example is in the form of requesting information about the year a candidate left school or completed specific qualifications; this would give an employer a rough idea of the candidates age giving them the room to discriminate against the persons competence to execute the job based on their age.

Employment Rights and Responsibilities (ERR)

Disability Discrimination
9) Where the discrimination of disability is concerned, not making reasonable provisions/ adjustments for a person who is legally registered disabled in order for the job to be carried out; extra support, step free access, etc. Unlawful dismissal of a person due to their physically disfigurements, or the fact that they may need extra support. Harassment and prejudice expressed through jokes and gestures about a persons disabilities.

Working Hours, Rest Breaks and Holiday Entitlements

10) Working time is the term that expresses the right for EU workers to a minimum number of holidays each year, paid breaks and the entitlement to an 11 hour rest period in any given 24 hours.

11) If an individual is under 18 but over the school leaving age (16 to 17) and is not in education, they are classified as a young worker and can work a maximum of 8 hours a day or 40 hours a week. However, if the individual is still in education they can work only a maximum of 20

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 4 Business Skills- Employment Responsibilities and Rights hours a week, these hours must not interfere with the time spent in the educational establishment. 12) A persons entitlement to paid holiday days a year is determined upon the amount of days a week in which they work, a simple calculation is employed to establish this, (amount of days worked per week) x 5.6 weeks. For a 5 day a week worker the entitlement is 28days, a person that works 3 days a week would get 16.8 days holiday pay and for a two day a week employed person they would receive 11.2 days.

Maternity/ Paternity, Parental and Adoption leave

13) Maternity allowance is the sum payable to an expectant employee during the period of maternity leave. There are two form of this; Statutory Maternity Pay (SMP) which is paid by the employer and Maternity Allowance (MA) which is a government benefit paid by the Jobcentre Plus. The allowance is standardised at a weekly rate of 128.73 or 90% of their average gross weekly earnings (before tax). This amount is either paid fortnightly or monthly directly into their bank account. MA is paid for a maximum of 39 weeks, and start being claimed from the 11th week prior to the week of the due date to the day following the birth of the child. SMP can only be claimed if the expectant mother has continuously been employed for at least 26 weeks into their 25th week of pregnancy (based on the due date). Maternity leave on a whole is set at 52 weeks of which only 39 are paid.

Employment Rights and Responsibilities (ERR)

14) SMP can only be claimed if the expectant mother has continuously been employed for at least 26 weeks into their 25th week of pregnancy (based on the due date). 15) Officially fathers; biological, mothers husband or partner, childs adopter, husband or partner of the childs adopter, are entitled to 1 or 2 weeks paternity leave if they have been within their current employment for at least 26 days prior to the 15th week before the babys due date. Parental leave is leave granted to parents for the time of work taken to look after a child or make arrangements for their welfare; ill child, medical/ academic appointments, settling into school nursery etc. This type of leave can be paid or unpaid at the discursion of the employer. 16) Parental leave is a right granted to all employees who have children up until the 5th birthday of the child; the entitlement is capped at 13 weeks per parent. However, if the child is adopted the 13 weeks parental leave applies but is claimable until the 5th anniversary of the childs placement or their 18th birthday, whichever comes first. In cases whereby the child is disabled then each parent is permitted 18 weeks, until the 18th birthday of the child.

Absence and Sickness

17) Statutory Sick Pay (SSP) is the amount an employee is entitled to as salary whilst off of work ill. SSP is paid by the employer for any sick days period of a maximum of 28 days, as long as

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 5 Business Skills- Employment Responsibilities and Rights the employee is sick for at least 4 days in a row and earns a minimum weekly wage of 102 or equivalent. The standard amount of SSP is 81.60 per week.

Data Protection and Access to Personal Information

18) From the list of questions I have chosen to answer 1, 5 and 7. 19) In order to access the personnel records...

Procedures and Documents within your Organisation

Contracts of Employment
20) There are many items listed on a payslip, the three I am going to examine are NI number, Net pay and Tax code.
An NI number is complied of 2 letters followed by 6 numbers and a letter, each NI number is unique to each individual, it can be observed as an individuals personal account number needed to record the amounts each person pays in NI contributions and TAX which is used to assess the level of entitlements to state benefits including state pensions as well as NHS.

Employment Rights and Responsibilities (ERR)

Net pay is the term that denotes the remaining amount of pay left once deductions have been made from the Gross pay; NI, TAX and pension.

The Tax codes present on wage slips express the Personal Allowance applied; the untaxable amount of your wage. The Tax Code is presented as figures and then an L, for example 747L. The Tax Code 747L simply means that no tax will be paid on any income up to 7475. So if an individual earns 8000 pm and has Tax Code 747L, they only pay Tax on 525 of their monthly income.

Anti-discrimination
21) There are various legislations put in place as a protection against harassment in the work place; Public Order Act 1994, Protection from Harassment Act 1997, Equality Act 2010.

Working Hours and Holiday Entitlements

22) At Computer Logistics, either Alex or Harvey Gorden must be contacted in order to request for time off, this is usually executed in writing via an e-mail and must be at least 2 weeks in

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 6 Business Skills- Employment Responsibilities and Rights advance. But in general it should usually be your supervisor or line manager that has authority to authorise this.

Sickness Absence and Sick Pay

23) In this company the arrangements based around sickness notification are as followed, any employee prevented from attending work or carrying out the general job roles within the work place must notify the company by phone before 10am on the working day of which the absence first occurred, and every morning thereafter. If the sickness persists for more than three days, on the fourth day a Doctors note must be supplied and weekly thereafter until the employee returns to work.

Data Protection
24) There are different circumstances that would require an individuals personnel records to be altered. The term personnel refers to a persons: name, address, date of birth, gender, education and qualifications, work experience, NI Number, TAX Code, details of any disabilities, next of kin, employment history (within the organisation), employment terms and conditions (pay, working hours, holidays etc), details of any illness or accidents at work, etc. Some changes to an individuals personnel could be change of name due to marriage/ divorce, a qualification gained or address change etc. In terms of Computer Logistics all personnel changes go through Harvey Gorden who then relates these to the designated people; Jayant- Financial Administrator, Alex Gorden- Director, External Accounts Team.

Employment Rights and Responsibilities (ERR)

Health and Safety

25) An example of a health and safety regulation that applies to the working environment is.... 26) At Computer Logistics the nominated person responsible for First Aid is Harvey Gorden who is the Director.

Sources of information and advice

Internal Sources
27) All information surrounding personnel issues can be found within the contract of employment. All information about training and the opportunities for training are kept in the ISO 9001:2000 file which I am responsible for. Information concerning additional learning support can be found on the X drive of Computer Logistics server. Hard copies may also be available from Harvey Gorden.

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 7 Business Skills- Employment Responsibilities and Rights

External sources
28) As well as relying on internal sources to gather information, there are also some external sources that can an individual can seek. Information about health and safety at work can be gathered from Trade unions. Equal opportunities and Data Protection information can usually be obtained from the Citizens Advice Bureaux and the library. Information regarding access to work is usually gathered from local libraries, councils and access to work centres.

About your occupation and organisation

29) Missing 30) missing 31) The main tasks that are part of my job role as a Financial Administrator are to answer telephone calls, general office tasks and maintenance, data entry, preparing invoices and writing and sending cheques. 32) The bellow chart displays the organisational hierarchy.

Employment Rights and Responsibilities (ERR)

Harvey Director First Aider

Alex Director HR Manager

Donna Brand Manager

Jayant Senior Finacial Admin

Raj Senior Engineer

Kyeisha Financial Admin

Steve Engineer

Nisha Intern Engineer

Sunny Intern Engineer

VJ Inturn Engineer

Occupations and career pathways

By: Kyeisha Sargeant Date: 4 April 2012

Hawk Management (UK) Limited 8 Business Skills- Employment Responsibilities and Rights 33) Within the company on a daily basis I am getting first hand training in terms of HR Management and accounting. All the day to day training that I have been receiving is in aid of developing me into more of a financial administrator than a data entry clerk. 34) All the opportunities surrounding training and other opportunities can be discussed with any of the two Directors, either Alex or Harvey.

Representative bodies Relevant to you and your Organisation

Representation
35) The Health and Safety Executives (HSE) are the independent regulatory body in charge of issues concerned with safeguarding within the working environment. The HSEs main roles are to review and shape regulations via the production of research and statistical evidence that enforce the laws surrounding safety in the work place. They aim to reduce the rate of work related deaths and serious injuries across Great Britain. 36) Missing Employment Rights and Responsibilities (ERR) 37) Missing

By: Kyeisha Sargeant Date: 4 April 2012