Importance of terms and conditions of employment
As starting a new job the Employment Rights Act says that all employees must be given a copy of their terms and conditions of employment, which should be given within a month. The terms and conditions of employments includes thing like wages, working hours and sickness pay etc. Also the business has rules and regulations which everyone needs to follow. The employees and employers need to know each other responsibilities within the workplace. It also specifies the rights from the terms on which the employee can legitimately challenge made by the employer. It also shows what the employer is needed from the employee.
The implied terms are terms which are applied to both employers and employees is obvious but both of them need to abide them and if failure to do so would be breaking those terms. The employee needs to abide the health and safety rules. If they fail to do so then some one can get hurt or injured very bad then the employer can be sacked from work or even maybe prosecuted but if something has been damaged then they will have to pay for the damage or pay compensation to whoever that has been injured.
Honesty is the best policy at work mainly, all employees should be honest and be trustworthy all the way. If they are not honest then it’s harder for the employees to find a job that will not need employee to lie and not to trust them. Honesty doesn’t mean to lie it also means not to steal. If the employees are caught stealing they will get a criminal record and be sack from the job. It will be really difficult for them to get a job anywhere else. The employer should abide the term for employee to have a safe working environment. In failure to do so the employee might get hurt therefore the employer will need to give compensation to the employee. This will give a bad reputation to the company.
The employers need to treat everyone with reasonably if not then this is a discrimination and the employee can take then to the employment tribunal and the employer will be dismiss. This may lead to awarding the employee compensation. Also the employer will get a bad reputation. The explicit terms which was listed above and cover such as hours of pay, notice period etc which will be stated very clearly. If there was no terms and conditions then it would be difficult to solve any dispute. If they are clear then the employees and employer know what their rights and responsibilities are. Also know where they stand at.
If dispute does happen then it will be easier to sort out as they can refer to the terms and conditions to see who is right. For example if the employer asked the employee to work on Saturday but the employee refused to do so, then the employer sacks the employee. But the employee can take the employer to an employment tribunal for unfair dismissal. The employee will win the case as the employee’s shows their terms and conditions and shows that the employee working hours are Monday to Friday. Another example would be that the business should give training to all employees as it written in terms and conditions. But if training in not given then something might happen which is not good for the business. If the employee does any accident then they can lose their job and be prosecuted. If training is given then it increases more reputation to the business.
As well as implied and explicit terms and conditions of employment, all employment law applies to both employer and employee. These laws all been listed before in my assignment. The Race Relations Act 1976 This term makes it unlawful for any person to be discriminated by their race, nationality, ethnic, origin and ground of any colours. Both direct and indirect discrimination apply in this term. It covers employment, educational, vocational training, social protection and access to goods and services. There are a few important circumstances under which discrimination may be justified. If anyone is being racist to the employee then the employer can go to jail then be put in jail for racist remarks or actions if not they need to give evidence why they not employing the person. This all leads to a lot of complications and the business reputation will be low and maybe ruined.
Working Time Regulations 1998 Under this term all employees are only allowed work for up to 48 hours maximum per week, averaged over a 17 week period, unless they are in an excused occupation. The ages 16-18 year olds are limited to working 40 hours a week and are not allowed working on night shifts. This term include most workers to have statutory rights to four weeks paid holiday. If the employee worked more then 48 hours then they can take the employer to tribunal employment and then the employee will be given compensation and lose money.