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reasons why employees should be treated fairly in relation t
Transcript of reasons why employees should be treated fairly in relation t
Brief About Equal Pay Act/NMW
National Minimum wages is the Minimum pay per hours most workers are entitled to by law.
The rate depend on a worker age and if they are apprentice.
The reasons for treating fairly are:
1- To create stronger better relationships between the employees based on trust and respect.
2- to create employees loyalty and employee satisfaction
3- for recruitment and retention
4- Pay is one of factors affecting motivation and relationship at work
The differences between fair and unfair dismissal
Employees have additional statutory protection in addition to that given by the law of contract. The main example is the right of an employee not to be unfairly dismissed which introduces a concept of 'fairness' into most dismissals.
The law on unfair dismissal is principally contained in the Employment Rights Act 1996 as amended by numerous statutes including the Employment Act 2008 which repealed the statutory disciplinary and dismissal procedures (except in Northern Ireland), and the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011.
The basis of unfair dismissal law is that employees have the right to be treated fairly. In making a claim of unfair dismissal the employee needs to be able to demonstrate that they were dismissed; the employer will then need to show that this dismissal was fair because it was for a specific reason.
Some of the most common reasons for dismissal are misconduct, inability to do the job and redundancy.
A dismissal will normally be ‘fair’ provided the employer has given one of the five specified reasons for the dismissal (see below)
1. capability or qualifications
3. illegality or contravention of a statutory duty
4. some other substantial reason
Dismissal of an employee occurs when:
• the employer terminates the contract, either with or without giving notice
• a fixed term contract ends and is not renewed
• the employee leaves, with or without giving notice, in circumstances in which they are entitled to do so because of the employer’s conduct.
reasons why employees should be treated fairly in relation to pay
What is the dismissal
The key stages to be followed in managing redundancies and the impact of redundancy on the whole
What is redundancy? - the legal position
Redundancy is a special form of dismissal, and happens when an employer needs to reduce its workforce. An employee is dismissed for redundancy if the following conditions are satisfied:
• the employer has ceased, or intends to cease, continuing the business, or
• the requirements for employees to perform work of a specific type, or to conduct it at the location in which they are employed, has ceased or diminished.
If there is a genuine redundancy,
employers that follow the correct
procedure will be liable for:
• a redundancy payment, and
• notice period payment.
Redundancy is one of the most traumatic events an employee may experience. Announcing redundancies can have an adverse impact on the morale, motivation and productivity of the whole workforce. The negative effects can be reduced by the employer’s sensitive handling of redundant employees as well as those who are staying.
Organizations should have a formal procedure for redundancy. In many organizations a formal agreement may have been agreed between management and trade union or employee representatives.
While the exact procedure will vary according to the timescale and size of the redundancy programme, organisations should go through the following stages as a minimum:
• identifying the pool for selection
• seeking volunteers
• consulting employees
• selection for redundancy
• appeals and dismissals
• suitable alternative employment
• redundancy payment
• counselling and support
who are covered by the National Minimum Wage, and are 25 years old and over, will be covered by the National Living Wage these include:
•most workers and agency workers
•apprentices who are aged 25
and over and who have completed their first year of apprenticeship