...What is shared parental leave and why it is being introduced? Shared parental leave is a new way for parents to share statutory leave and pay on the birth of a child. It replaces the current additional paternity leave regime. However, it is separate from the right to unpaid parental leave and does not replace the current maternity leave and pay regime. Similar rights apply to adoptions. The intended parents in a surrogacy arrangement are also entitled to take advantage of shared parental leave. These rights also apply to partnerships of the same sex, so references in this factsheet to fathers should be taken as including women in same-sex partnerships. This introductory factsheet relates to the shared parental leave regime which applies to England, Wales and Scotland only. The right to shared parental leave only applies to employees who fulfil the relevant eligibility criteria which are explained below. The new right allows the mother to choose to bring her maternity leave to an end at any point after the initial two week compulsory maternity leave period following the birth of the child. The parents can then choose how to split up the remaining weeks of leave between them. Shared parental leave can be taken by each parent separately or at the same time. Shared parental leave will apply to parents of children due on or after 5 April 2015 and has been brought into effect by various sets of legislation. The Children and Families Act 2014 came into force on 13 March 2014 and...
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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...Question 1: (A)(i) Maternity Leave Employee’s that become pregnant, are entitled to take maternity leave. This entitlement, extends to all female employees, regardless of how long they’ve worked in the organisation, or number of hours worked each week. It is possible to avail of further unpaid maternity leave. The Maternity Protection Act 1994, provides statutory minimum entitlements in relation to maternity at work, including maternity leave. Pregnant female employees, are entitled to 26 weeks’ maternity leave, with 16 further unpaid maternity leave. Entitlement to pay, and superannuation during maternity leave, depends on the terms of the contract of employment. Employers are not obliged to pay women on maternity leave. Maternity Benefit, which is a Department of Social Protection payment, may be paid if the person has sufficient PRSI contributions. An employee’s contract could provide for additional rights to payment during the leave period. An example of this is, the employee could receive full pay less the amount of Maternity Benefit payable. (ii) Parental Leave The Parental Leave Act 1998, allows parents to take parental leave from employment in respect of certain children. Since 8 March 2013, the amount of parental leave available for each child amounts to a total of 18 working weeks per child. Where an employee has more than one child, parental leave is limited to 18 weeks in a 12-month period. This can be longer if the employer agrees. Parents of...
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...the impact of employment law at the start of the employment relationship Internal and external factors that impact on the employment relationship Internal: • Performance, pay and reward: employers should set clear and transparent targets in order to make it easier for employees to know what is expected of them. If these targets are followed employees can be rewarded and this should improve the relationship between employer and employee. • Management style: there are two types of manager: autocratic and democratic. Autocratic managers make decisions without involving the staff. This can be a good idea in some circumstances (for example the need to make a quick decision to avoid catastrophe or missing a deadline or target) but if this style is used all of the time it can be detrimental to staff motivation, commitment and well-being. Democratic managers involve staff with decision making as much as possible which means everything is agreed on by the majority of staff. This can lead to increased levels of motivation, commitment and well-being which subsequently could increase the profitability of the business. External: • Economic factors: slow economic growth or a downturn can make employees just thankful they have a job. This can put pressure on them because employers may decide to increase workload by making individuals do more work in the same time. With the fear of redundancy looming and as the company has less capital employees may feel they have to work harder in order...
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...there site, set up and run by a group of volunteers, will show you more about the business both as it was and as it continues to grow today by providing a place to record its development and its people, places and events. They hope you will enjoy not only reading what others have added but also by contributing yourself to ensure they capture the essence and culture of Waitrose. P1/M1/D1 What is HR? * The department or support systems responsible for personnel sourcing and hiring, applicant tracking, skills development and tracking, benefits administration and compliance with associated government regulations. 1. HP Planning Vacancies through: there are many different reasons that an organisation may decide to recruit someone to a position. the most common reasons is that someone is leaving to go and work for another organisation, and their positions needs to filled. The person being recruiting for the vacancy may be needed to work temporary or permanent basis. Maternity and Paternity-Some organisation will need to recruit to cover their female and male employees if they decide to take maternity and paternity leave to have baby. Mothers were entitled to up to 52 weeks ‘maternity leave and maternity pay of that period. Employees need to be...
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...status Employee rights during the employee relationship including: * The importance of work life balance and related legislation concerning holidays, rest periods, working hours and night working * Family/parent related legal support, including maternity leave, paternity leave, adoption leave and dependents leave * 2 reasons why employees should be treated fairly in relation to pay * The main points of equalities legislation including the concepts of direct and indirect discrimination, harassment and victimisation * The concept of the ‘psychological contract’ and examples of policies and procedures which can underpin this Issues to be addressed at the termination of the employment relationship including: * The difference between fair and unfair dismissal * The importance of exit interviews to both parties * The key stages to be followed in managing redundancies and the impact of redundancy on the whole organisation The impact of employment law at the start of the employment relationship, including: * 2 internal and 2 external factors which can impact on the employment relationship There are a number of factors that can hugely impact on the relationship between employees and employers which can be identified as internal and external factors. 2 Internal Factors and there impacts:...
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...Organization (2015), the employment relationship is defined as the legal link between employers and employees. This exists when a person performs work or services under certain terms and conditions in return for remuneration. Employee Relations are influenced by a number of internal and external factors, all of which affect the strategic balance between labour and management. It is important that we are aware of the key factors influencing employee relations in order to strike a proper balance within the working environment. Internal factors According to the Oxford Dictionary (2015), a trade union is defined as an organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests such as pay and working conditions. Trade unions and union organising, significantly affects employee relations. Once a union is established, employees do not bargain on their own behalf. Instead, union representatives bargain for them. Unions can be a source of employee empowerment, as union employees may feel as though they share a common goal. Additionally, unions provide arbitration of labour disputes and grievance procedures. The Organisation’s Culture is also an internal factor; this is a system of shared assumptions, values and beliefs, which governs how people behave in organisations. The culture of an organisation often dictates to how employees are treated. For instance, an organisations culture that emphasizes...
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...THE EMPLOYEES' STATE INSURANCE ACT, 1948 The Employees’ State Insurance Act, 1948, provides to workers not only accident benefit but also other benefits such as sickness benefit, maternity benefit and medical benefit. Wage Ceiling: Every employee drawing wages upto Rs. 15000.00 per month is required to be insured under the Act. Objective of the Act: The object of the Act is to secure sickness, maternity, disablement and medical benefits to employees of factories and establishments and dependents’ benefits to the dependents of such employees. Applicability:-Section 2(9) 'employee' under ESI means any person who is engaged/employed for wages/salary in connection with the work of the establishment to which this Act applies. But does not include any person whose wages (excluding OT) exceed the limit prescribed by the Central Govt. (which is 15000 pm now with effect from 1 May 2010). Section 2(12) 'establishment/factory' under ESI means any premises whereon 20 or more persons are employed or were employed for wages. If you combine both, you understand that if the total employees are 25 but out of which 14 are drawing gross more than 15000 pm, then only 11 employees come under ESIS and the criteria for 20 employees does not fulfil. Hence on above grounds it is not covered. CHECK LIST |Applicability of the Act & Scheme: Is extended in area-wise to factories using power and employing 10 or more persons and to non-power using manufacturing...
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...Retention of HR and other related records The legal position There is a substantial and complex amount of EU and UK legislation which has an impact upon the retention of HR and other related records. Examples of legislation dealing with particular categories of records are provided in the boxes below. Other important statutes, statutory instruments, EU Directives, and further provisions and proposals include the following: Acts Limitation Act 1980 Data Protection Act 1998 Freedom of Information Act 2000 The Regulation of Investigatory Powers Act 2000 Anti-Terrorism, Crime and Security Act 2001 Statutory instruments Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) The Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 (SI 2007/2197) The Data Retention (EC Directive) Regulations 2009 (SI 2009/859) Directives Data Protection Directive 95/46/EC Privacy and electronic communications Directive 2002/58/EC Further special provisions may arise affecting the retention of or access to data, for example: In the context of the criminal law, the Anti Terrorism, Crime and Security Act 2001 Part 11 provides a lengthy code of practice for voluntary retention of communications data. To provide security services with a reliable log of mobile and fixed phone calls, telecommunication companies must keep telephone call logs for one year. Internet...
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...Retention of HR records Revised July 2015 What are HR records? HR records include a wide range of data relating to individuals working in an organisation, for example, pay or absence levels, hours worked and trade union agreements. This information may be stored in a variety of media such as paper files and, increasingly, on computer databases. It is important for all organisations to maintain effective systems for storing HR data, both to ensure compliance with all relevant legislation (for example in respect of the minimum wage or working time regulations) as well to support sound personnel administration and broader HR strategy. Our factsheet on human capital has more details of how employee information can help identify the sort of HR or management interventions which will drive business performance. However, as detailed below, in the UK a complex regulatory regime governs the length of time for which HR records should be stored. The legal position Legislation There is a substantial and complex amount of legislation in the EU and UK that has an impact upon the retention of personnel and other related records in those regions. Examples of legislation dealing with particular categories of records are provided in the boxes below. Access, storage, format and destruction The Data Protection Act 1998 (DPA) applies to most personnel records, whether held in paper, microform, or computerised format. Under the DPA data must not be kept any longer than is necessary for...
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...Agreement. Collective agreements are negotiated between an employer and a trade union over matters such as: • how negotiations will be organised • who will represent employees • which employees are covered by the agreement • which terms and conditions the agreement will cover These can only be altered if both parties consent and usually apply in unionised workplaces where an agreement has been reached about pay or terms and conditions. 2. Works Rules. Many organisations have a set of rules governing the way in which they require employees to act e.g. not smoking on the site. These rules vary amongst organisations and can differ depending on industry and the needs of the business, the size of the organisation may also play a part in how stringent the rules can be. These rules are unilaterally determined by the employer and can be lawfully changed by management at any time. A refusal to adhere to the revised rules amounts to a breach of contract i.e. failure to obey lawful and reasonable instructions. External 1. Statute. Statutory rights are legal requirements. All employees, regardless of the number of hours per week they work, have certain legal rights, for example: • the right to a written statement of terms of employment within two months of starting work • the right to be paid at least the national minimum wage • the right to a paid holiday • the right to Maternity/Paternity/Adoption leave 2. ACAS Code of...
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...internal factors that impact on the employment relationship. Relationships affect both management and worker’s performance. The quality of these relationships have an effect on the organisation. Human Resources, focuses on recruiting new employees and managing existing workers, plays a significant role in employment relationships as do several additional internal and external factors. Listed below are a couple of Internal and external Factors that may affect the employee’s relationship. Internal Factor-Conflict: Conflict exists in every organisation, and to a certain degree indicates a healthy exchange of ideas, opinions and creativity. However, some conflicts may arise where the employee is not satisfied with how a certain situation has been dealt with or how they have been treated. Managers may have not tackled matters in a systematic or careful manner which has resulted in employee dissatisfaction, absenteeism, poor customer service, increased work related stress or, worse case scenario litigation on claims of harassment or a hostile work environment. Internal Factor-Change in Management: Many organisations will replace managers this can be due to retirement, promotion, career change, transfer or dismissal. Each new manager will bring their own style and ideas of working in an organisation. The relationship and attitudes between employees and managers will change, employees are expected to work around the new management style. This can either have a positive or negative...
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...RESOURCESSupporting Good PracticeIn Managing Employment Relations2015 | | Tracy King 3MER Table of Contents Internal Factors Which Impact On Employment Relationships | 4 | Pay and Reward | 4 | Organisational Culture | 4 | External Factors Which Impact On Employment Relationships | 4 | Economy | 4 | Technological Changes | 4 | Reasons to Determine an Individual’s Employment Status | 5 | Examples of Employment Status | 5 | Worker | 5 | Fixed term | 5 | Self Employed and Contractors | 5 | Employee Rights During the Employment Relationship | 6 | Work-Life Balance | 6 | Holidays | 6 | Rest Periods | 6 | Working hours | 6 | Night Working | 7 | Maternity Leave | 7 | Paternity leave | 7 | Adoption Leave | 8 | Special Leave | 8 | Reasons Why Employees Should be Treated Fairly In Relation To Pay | 9 | Employee Satisfaction | 9 | Recruitment & Retention | 9 | National Minimum Wage | 9 | Main Points of Equalities Legislation | 10 | Direct Discrimination | 10 | Indirect Discrimination | 11 | Harrasment | 11 | Victimisation | 11 | The Concept of the Psychological Contract | 12 | Types of Psychological Contracts | 12 | Issues To Be Addressed At The Termination Of The Employment Relationship | 13 | Fair and Unfair Dismissal | 13 | The Importance of the Exit Interview to Both Parties | 14 | Key Stages of Redundancy | 14 | Planning | 14 | Identifying the Selection Pool | 15 | Seeking Volunteers | 15 | Consultation...
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...This handbook has been designed to give additional important and useful information about employment with us; our expectations of you and your colleagues and the benefits we provide. It is divided into two main sections: • • Section 1 – contains contractual entitlements which form part of your contract of employment. Section 2 – contains important information on the discretionary benefits available to employees and general information about your employment with Marks & Spencer. All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the express written permission of Marks & Spencer p.l.c. Employee Handbook Contents Our People Principles 5-6 Reporting Accidents Personal Accident 7 7 7-8 9 10 11 11-12 12 13-14 14-15 16-18 19-20 20 Personal Life Assurance First Aid Regulations Handling Merchandise, Money & Equipment Personal Property Computer Security Whistle-blowing: Public Interest Disclosure Discrimination, Harassment, Bullying & Victimisation Standards of Conduct Misconduct Gross Misconduct Disciplinary Policy Leaving the Company And Finally Maternity/Adoption Maternity/Adoption Leave Maternity/Adoption Pay Paternity Leave Parental Leave 20 21 21 22 22 29 29 29 29 29 30-31 31 32 32 33 33-34 34 35 35-36 37 37 Section 1 Terms and Conditions Eligibility to Work Working Hours Pay & Pensions Mobility...
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