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.”
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 ...view middle of the document...
b) It must be reasonable.
c) It must be so certain that the individual employee can know exactly the effect that the custom has on him/her.
Two external factors are:
1) Statutory rights
Statutory rights are an individual’s legal rights, given to him or her by the ruling government based on laws passed by Parliament, which are generally designed to protect workers. Nearly all workers, regardless of the number of hours per week they work, have certain legal rights. However, there are some workers who are not entitled to certain statutory rights such as agency or freelance workers. Sometimes an employee only gains a right once they have been employed by their employer for a certain length of time. Some examples of statutory rights include; the right to a written statement of terms of employment within two months of starting work, the right to an itemised pay slip and the right to be paid at least the national minimum wage.
2) Employment protection rights
There is an enormous amount of legislation giving special rights and protections to employees. These employment rights are designed to ensure that all workers are treated equally, fairly and lawfully. The main employment protection rights for employees are:
• The Sex Discrimination Act 1975
• The Equal Pay Act 1970
• Employment Equality Regulations 2003
• The Race Relations Act 1976
• The Employment Rights Act 1996
• EC Equal Treatment Directive 76/201
• The Protection From Harassment Act 1997
In employment law there are three different types of employment status, each with different legal rights. Consequently, an individual’s employment status will determine their rights at work.
1) Employee - All employees are workers, but they have a wider range of employment rights and responsibilities to and from their employer. Employees work under an employment contract and have the same rights as those of workers, but in addition, dependent on there length of continuous service with their employer; they also have the right to:
• a minimum statement of employment terms
• Statutory Sick Pay
• minimum notice periods if your employment will be ending (e.g. if your employer is dismissing you)
• not be unfairly dismissed
• maternity, paternity and adoption leave and pay
• request flexible working
• time off for emergencies
• Statutory Redundancy Pay
2) Worker – These are defined more widely than employees and are classed as different from individuals who are self-employed. The status of a worker includes individuals working under a variety of contracts who are entitled to core employment rights, including the right to:
• receive the National Minimum Wage
• protection against unlawful deduction from wages
• a minimum period of...