Free Essay

Employee Right

In:

Submitted By kazikkis
Words 1494
Pages 6
Pregnant employees have legal rights on their employers in the English law. The law is strict and focuses clearly on the benefits a pregnant woman will get from the employer once she is expecting. The foremost important things to remember is to know your rights. Nadia is scared because she fears of losing her job once her line manager Gemma finds out about her pregnancy. The advice to Nadia is that the law is there to protect the employees from such scenarios that arise and make sure the employees reap the benefits from the laws. All women who get pregnant have certain basic legal rights which include; time off for antenatal care, leave for maternity and safeguard from dismissal,unjust treatment. Nadia’s employer is at breach with the law as she has declared that any person who wants to go for antenatal classes should go on their own time, further on she restricts the maternity leave to one month and that too without pay. Lastly, she is unfair and does not guarantee job security to the employee after her return. All this makes the employee apprehensive and wish to not get pregnant. The Employement Protection Act 1975 provides that no pregnant woman can be made redundant, dismissed from job or treated with unjust because of her pregnancy. Nadia can make a claim through employment tribunal for compensation if any of the above happens. A pregnant woman is entitled to many rights and benefits and it is the responsibility of the employer to be more flexible on the issues of maternity leave and pay. However the pregnancy can not be detected before four weeks and therefore, it is of great importance that you tell your employer immediately in writing when you find out. The law has made the employers legal duty to keep the pregnant woman away from any risk at work. Once it is known to the employer that the employee is expecting, they must carry out a personal risk assessment which is specific for that person (Management of Health and Safety at Work Regulations 1999).
It is mandatory that this risk assessment must be reviewed from time to time and even when the woman finally returns to work. The case of Nadia, where Gemma feels that she has to cut costs of the firm. A pregnant woman can take a realistic period of time off for antenatal care and relaxation. All women have this right and so despite the claims of Gemma, the law gives Nadia the right to take this leave irrespective of the number of hours she works and how long she has been employed by the firm. Employers cannot make any changes to the pregnant woman’s contract terms and conditions; otherwise they will be in breach of contract. A pregnant woman is entitled to a year of maternity leave, which are 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave (Gov.UK).
The employment terms, for instance, the pension contributions are protected while you are on Statutory Maternity Leave. If an employee is made redundant, like the line manager of Nadia points out that the employee has additional rights. During this leave period, the Statutory Maternity Pay is 90% of your average salary for the first six weeks, after which a person is paid 90% of her average earnings. Once the pregnant woman comes back to work she can take back exactly the same job she had left, however, if that job does not exist than the employer should provide an alternative job that has similar terms.
The law does not permit the employer to treat any employee unfairly and dismiss her from employment as redundant because of her pregnancy.If the employer dismisses the employee then he must state the reason and the pregnant woman can contend this decision in court and employment tribunal. Further, if the employer claims that the woman is redundant because of her pregnancy or maternity leave then the employee can claim for unfair dismissal and sex discrimination.
There is special protection provided in the Regulation of Maternity and Parental leave 1999. Therefore, Nadia should not fear to tell her employer about her pregnancy and further, she has the right to maternity leave for more than a month as the law states that it could be 52 week.The unpaid leave is a total discrimination and unfair treatment and she can make employer pay during her maternity leave as stated in law. Also, she cannot be dismissed or redundancy as the interests of the employee are safeguarded in the regulations of 1999.

Workplace should have flexibility for working parents so that people make the most use of their employment opportunities and progress in their career. Unfortunately, there has been a dip in this as there is more pressure on the employees to manage work and home at the same time. Research shows that the top priorities of the single parents have been an understanding line manager, flexible and part time job hours and a workplace which is close to the school for their child (Gingerbread Survey).

The case in point is that of an employee Stewart who is a paralegal at the same firm as of Nadia. Since, his child fell off climbing a fence and broke his arm; he needs to be taken to the doctor for physiotherapy. As Stewart is a single parent he has every right to claim for time off work. However the line manager seems to be a less understanding person, Stewart must know his rights and know that English law protects single parent at work place in various ways. In this case, the law states that in such a situation an employer can schedule another employee to work overtime to compensate for hours that a single parent cannot work due to childcare commitments and similarly, the shift can be covered by another employee to cover for the single parent while he picks up children from school or any other child related issue.
In this scenario, the situation Stewart is taking the child to the doctor for physiotherapy sessions. It will take a limited time period and thus, for that missed time someone else can cover for him. It has been reported that these types of issues that occur at workplace are not considered to be of discriminatory in most cases. Such, inflexible workplace practices hinder employees at workplace and childcare becomes a burden on them.
Today, it has been the top priority of an employee to find a flexible and understanding line manager. The child care also has a cost and reduced working hours will have an effect and thus there are compensatory laws that allow a single working parent to work lesser hours that do not have an effect on his salary. The English law has a Family Responsibilities Discrimination (FRD) Act 2010 that describes precisely about the type of discriminations that can affect any worker. This law includes married, engaged women, single men, and parents of young children and employees that are responsible for their elderly parents.
Stewart should talk to the line manager to create flexible work schedule for him since it is something that he must do for his child and it is a reasonable demand. In such situations there is a Time off for Dependents clause, which is a right given to an individual of unpaid leave of work in order to deal with emergencies that involve people who are your dependents. The time off can be taken in the following circumstances such as if a dependent falls ill, gives birth or is injured and needs your assistance. In Stewart’s case his child is a dependent. There is no time limit as to too how much time off is allowed in a particular situation, however, your time off must be necessary and cannot be something that you should prefer to do. The time off should be till the time the person is able to deal with the circumstances and it cannot be too long since it would no longer fall as an emergency.
Gemma should be able to understand, otherwise Stewart can take help from employment tribunal. Stewart is working 40 hours a week which is the same as any other person working without children. Thus, he is putting huge effort into managing life at home with work and so the employer needs to understand and be flexible. The matter between the two must be resolved informally and if there is unfair treatment by the employer than a formal complaint can be lodged with the Employment Tribunal within the three months. In most cases the employer does not have issue with the time off as it is an unpaid leave. Employers are not liable to pay the employee anything during his time off, however, some employers do offer paid emergency time off and this if stated in the contract cannot be taken away without the agreement by the employee.

--------------------------------------------

Similar Documents

Premium Essay

Rights of an Employee

...Basic Rights of an Employee There are set minimum rights that are governed by law that covers all employees no matter if it is documented in an employee hand book or not. Your place of work cannot downgrade you or trade off any less then what is already set in stone by the government. These rights were formed to protect you while at work against your employer against discrimination and minimum age requirements. These rights include paid time off, the minimum you can get paid for working a holiday overtime, or sick pay including bereavement leave. These rights also protect the employee by allowing them the right to refuse work that might harm themselves or others around. Employers have a set of items in which they must comply with which include paying at least the minimum wage to its employees. They must also provide its employees with annual leave. Employers must compensate the employees for public holidays which they work or would normally work in which the holiday falls on. The employer must supply a written agreement to the employees. Employers cannot deduct any money without prior agreement that is completed in writing. Additionally the employer must provide a safe work place and not place any discrimination against you. Employee Rights in the Workplace Every employee has basic rights in the workplace, which include “the right to privacy, fair compensation, and freedom from discrimination.”(Haunschild, 2010.) Even individuals who apply for jobs also have certain rights...

Words: 1086 - Pages: 5

Free Essay

Employee Rights

...Employee Rights Prof Dewey Balzhiser 8/8/2011 Course: Law, Ethnics, and Corp Governance. 1. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” 2. Scope of employment is the activities of an employee that are in futhermore of duties that are owed to an employer an where the employer is, could be, excising some control, directly or indirectly, over the activities of the employee (Law Dictionary 2010). The scope of employment including matter of personal convenience and comfort that do not conflict with specific instructions (Law Dictionary 2010). In the video Jake's actions are in scope of his employment. Jack, a licensed mechanic and works as a service manager at a car dealership. The car dealership he works for is currently offering free oil changes to lure in new customers. Jake also performed a full inspection of the cars with the oil change. Jake employer's promotion only advertise a free oil change but Jake's full inspection is in his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (Scope of Employment 2008). Jake feel that since he is a certified profession it is his care of duty to perform a full inspection on all the car he services. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable...

Words: 1033 - Pages: 5

Free Essay

Employee Rights

...In recent months, Wal-Mart Stores Inc. has only hired temporary workers at many of its stores in the Unites States. This is the first time the world’s largest retailer has done so outside of the holiday shopping season. A survey of 52 stores, including one in every U.S. state, revealed that 27 were hiring only temporary workers, 20 were hiring a combination of full, part-time and temporary employees, and five were not hiring at all. Wal-Mart U.S. Chief Executive Bill Simon confirmed this new strategy, saying, “Their hours flex by the needs of the business from time to time.” Both the human resource frame and the political frame demonstrate numerous issues with Wal-Mart’s new strategy, which could be detrimental to organizational health. The human resource frame illustrates certain key points that would advise against Wal-Mart’s new hiring strategy. First and foremost, one of the oldest views regarding motivation, which is still popular among many economists today, is that workers’ primary motivation is based on financial rewards. Wal-Mart spokesman David Tovar defended his new strategy in a recent interview, saying that temporary workers will be paid the same starting salary as full-time employees. However, Tovar clearly lacks understanding that current research in the field of motivation demonstrates that employees are more motivated by things beyond money, such as doing good work, getting better at what they do, bonding with other people, and finding meaning and purpose...

Words: 900 - Pages: 4

Premium Essay

Basic Rights of an Employee

...Your basic rights as an employee There are minimum rights and entitlements set out in law, which apply to ALL employees, whether it is written in your employment agreement or not.  Your employment agreement cannot trade off or provide for less than these minimums. The law protects you at work by setting the minimum rights you have as an employee with paid time off work the minimum you can get paid public holidays sick leave bereavement leave giving you the right to refuse to do work that would likely harm you making sure that all workers, including young people, are safe at work and not unlawfully discriminated against. Your employer must: * Pay you at least the minimum wage * Provide you with annual leave * Provide or compensate you for public holidays if you work, or normally work the day the public holiday falls on * Provide you with a written employment agreement * Not deduct money from your wages, without your agreement in writing * Provide a safe workplace for you to work in * Not discriminate against you. One of the main principles of the law on employment is called “good faith”. This means that employers, employees and unions must deal with one another honestly and openly. Minimum terms and conditions vs negotiable terms and conditions All employees, regardless of the type of work they perform or whether they are full time, part time or casual, are entitled to an employment agreement in writing.  These may be either individual or collective...

Words: 1189 - Pages: 5

Premium Essay

Employee Privacy Rights

...Employee Privacy Rights in the Workplace Employee Privacy Rights in the Workplace Employees must have the right to phone security, application confidentiality, the right to no sexual harassment, and the right to not have any personal questions asked that do not pertain to work. Employee privacy laws are limited, which makes it easy for employers to invade the privacy of its employees. Some things are personal and should remain that way. In today’s working environment, employers need to reevaluate their techniques, approach this ongoing situation, and find alternative solutions to this problem. There are limits to everything in life, and there needs to be limits set on employee privacy laws. Employee privacy laws are limited; they are not set up to protect employees. Someone needs to do something to protect employee privacy. Many Americans accuse their employers of violating their privacy. Employers are becoming more vicious on how they screen new candidates as well as their current employees. Normally employers will conduct background checks, random drug testing, and maybe even a credit check. The question that needs addressing here is “How much are we willing to give up satisfying our employers”? Employees need to become more aware of this situation. Employers have the upper hand in this situation. Everyday they find a new way to invade their employees’ privacy. In today’s world of ever-changing technology, the court and legislature systems...

Words: 2090 - Pages: 9

Free Essay

Hiring the Right Employee

...Process of Getting Hired Today Final Paper Amelia Hills Composition I CM107 May 1, 2013 With the economy in a sad state, many individuals are taking the opportunity to better their education for a better life. Therefore, when an individual either quits or is terminated from a job there are many expenses involved with hiring a new employee. What does it take to get a job today? It really is about whom you know; what you know helps too. Add onto that that you need to do extensive research on the company you will interview for and hope that they have done their own research on you such as call your references at least. But how far is a company willing to go to find out what kind of person you are before that initial interview? Some companies go as far as checking out your Facebook page, as well as your LinkedIn page, I don’t believe this is acceptable, nor do I think a potential employee should go to that length either. Have you ever heard the phrase it’s not about who you know, it’s about what you know? Well, today that is not always the case. Networking is very important when looking for that perfect fit job. You might ask, “What is networking?” Networking is a support system of information sharing and services (jobs) among individuals and groups having a common interest (dictionary.com). There are several ways of networking, some more common are over the internet and advertised or hidden market jobs (No One Will Hire Me). Advertised are just that, they are...

Words: 1068 - Pages: 5

Premium Essay

Employee Privacy Rights

...Running head: BUSINESS WRITING PORTFOLIO Business Writing Portfolio COM/285/Introduction to Business Communication September 28, 2011 Business Writing Portfolio The public relations manager will present information regarding changes in a retail store operations to three sets of stakeholders of a retail clothing chain. The stakeholders are store managers, employees, retail customers, and the public. The adjustments regarding employees working fewer days a week in an effort to combat rising gas prices as well as saving money on store operations are as follows; First, Sonny, the public relations manager will outline several steps to follow when drafting business communications. While constructing this message, Sonny will determine the characteristics of her audience as well as considering the appropriate communication type and style for each audience. The next step is to write three messages by selecting one message format for each audience, explaining the changes in the retail store operations.The final step is to write a reflection on the writing. Business Writing Steps [pic] Research, communication, and evaluation are three steps that should be followed when drafting business communications. The first step is to identify the audience by performing research on the given audience that needs to be communicated with. The four audience characteristics that are important to identify when drafting business communication are English-language barriers, diversity, education...

Words: 1985 - Pages: 8

Premium Essay

Employee Privacy Rights in the Workplace

...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...

Words: 1146 - Pages: 5

Premium Essay

Hrm 300 Employee Rights

...University of Phoenix Material Employee Rights in the Workplace Worksheet Complete each section below. Be sure to cite your sources when necessary (including all uses of the textbook). 1. Laws affecting employee rights Identify three laws that affect employee rights. Include a description and the impact each has on a Human Resource Manager. |Law |Description |Impact it has on HRM | |Race and Color |Racial and color discrimination involves treating an employee or |HRM should ensure that all employees are treated equal and make decisions by | |Discrimination |applicant differently because of a personal characteristic that is |experience not race or color of the individual. | | |related to race such as hair texture, skin color, or facial | | | |features.  | | |Privacy Act of 1974 |The Privacy Act of 1974 was intended to require government agencies|It requires HR members to ensure all employees have access to their own files to | | ...

Words: 799 - Pages: 4

Premium Essay

Employee Privacy Rights in the Workplace

...employees' privacy concerns and perceived business needs. In fact, nearly 67% of all companies currently use some type of surveillance in the workplace. According to a recent poll, “. . . over 66% percent of those surveyed had used the Internet from work in the past 24 hours.” (M.Lee Smith Publishers, Hospitality Workforce Trends, January 2000) In addition, when issues in his or her personal life impact an employee’s work, the employer must make judgments as to the appropriate level of involvement. Lastly, as traffic on the “information superhighway” continues to explode a number of substantive questions about the use and abuse of these information networks arises. What are the ramifications for employees’ right to privacy in the workplace? Does an employer have the right to search an employee’s computer files or review the employee’s electronic mail (“E-mail”)? What are the advantages and disadvantages of using surveillance at the workplace? As you will read in detail later in this chapter, the laws governing electronic surveillance have largely favored employers, both in the private and public sectors. There is minimal legislation...

Words: 3154 - Pages: 13

Premium Essay

Employee Rights: Something Every Employee Should Know and Understand

...Employee Rights: Something Every Employee Should Know and Understand Jessica Rivera Western International University COM 110/Effective Persuasive Writing Lisa Hughes November 27, 2005 Employee Rights: Something Every Employee Should Know and Understand Currently, many employees take for granted the fact that they have more rights then just minimum wage, overtime pay, safe workplace, and equal opportunity rights. Many people do not take the time to access the resources needed to educate themselves on the rights they are entitled. By not knowing and understanding the importance of the employee rights, the employee in turn gives up their rights. Employees need to ask themselves, before reading this essay, do they fall into this category. If so, those employees should read further. If not, those employees should seek the necessary information about their rights to ensure that they know the rights that they are entitled. Employees must always acquire the knowledge concerning which rights they are entitled for their type of employment. There are so many valuable resources but too few really know where the search begins. When a person begins a new job, they must sign an acknowledgement stating that they understand the rights that they are granted as a condition of employment with their perspective employer. In many cases though, they do not fully understand that their signing of this document is an acknowledgement and an agreement of their...

Words: 1487 - Pages: 6

Free Essay

Equal Employment Opportunity and Employee Rights

...Equal Employment Opportunity and Employee Rights Luis Carrasco, Jade Hadfield, Jo Hemenway, Stafford McClendon, Emily Sementilli, Misty Wightman November 4, 2012 HRM/300 Timothy Turcotte Equal Employment Opportunity and Employee Right Over the course of history in the United States there have been many laws put in place to protect employees and employers. The Americans with Disabilities Act of 1990 and the Equal Employment Opportunity Act of 1972 are two such acts signed into law. Each of the laws protects workers from termination for causes outlined in the acts. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Drug testing has become popular in many businesses in today’s society.  This upsets many employees because they think that what they do on their own time does not affect what they do at work.   The Americans with Disabilities Act of 1990 was put into place to make it easier for American’s that have disabilities to navigate. There are five different categories of this Act...

Words: 1862 - Pages: 8

Premium Essay

Ethical and Legal Issues on Employee Rights

...BUSM1162: Case study The employees at Appleberg Electric Company are protected by a union agreement. You, a shift supervisor, have good relations with your workers and treat them as colleagues. Yet Gatsby, 56, a senior worker who is minimally competent, is an exception. He ignores any attempts you make to relate to him or motivate him. He operates a punch press and produces at barely the standard rate, often with more than twice the average number of defective parts. But since he makes the minimum standard required, he is meeting his obligations. He reacts badly to your discussions and suggestions, and insists that his work is not below union standards. Gatsby is surly, uncooperative and lacks the motivation to change. Your boss knows and detests Gatsby, as do Gatsby’s co-workers. He often makes offensive jokes about them, abuses them in public and many avoid him altogether. But there is no real negative effect on the other workers and no one has ever filed a formal complaint against Gatsby. Your boss now suggests that you take steps to encourage Gatsby to seek employment elsewhere, by moving him among the least desirable jobs and assigning him to inconvenient shifts. This is entirely legal, not a violation of the union agreement, although it certainly violates the spirit of the agreement and of the good union management relations at Appleberg. Your actions will surely be noticed and easily documented should Gatsby or the union wish to file a grievance against you. Your actions...

Words: 2601 - Pages: 11

Free Essay

Hiring the Right Employee Is a Challenging Process

...Hiring the Right Employee is a Challenging Process Mary Mac Church Chamberlain College of Nursing In, the 1940’s, it was perfectly legal to refuse to hire, promote, or fire someone because of race, ethnicity gender or religion. The legacy of Pitney Bowes historical leadership and job opportunities provided to African Americans played a pivotal role in decades of change in diversity management. Organizations that realize the advantages diverse employees will increase profits, productivity, long term growth and overall success (Harvey & Allard, 2012). The goal is to make race, sex and religion irrelevant in the hiring process. In fact, the civil rights movement established state and federal laws that bar employers from discriminating against employees. The recruitment process involves many steps, which include advertisement, screening, preparation and decision- making. It is important to collect and review a fair amount of applications. It crucial to screen all applicants, analyzing their qualifications, skills and experience. Resumes are very useful however they don’t provide the individuals work ethic. It is critical to interview the most qualified candidates. The Atlanta based Fortune 500 Company is looking for a sales representative that is articulate, sophisticated and knowledgeable about fiber optics. After closely reviewing the four applications I initially chose Karen. It was based on having the most experience...

Words: 377 - Pages: 2

Premium Essay

Equal Employment Opportunity and Employee Rights Review

...Equal Employment Opportunity and Employee Rights Review Learning Team B HRM 300 May 18, 2015 Professor E. Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal...

Words: 2071 - Pages: 9