Employment Law basics

More holidays on the horizon?
In January 07 this year the Department of Trade and Industry announced the government’s proposals to increase workers holiday entitlement from 20 days a year to 28.

Expect to be asked to identify yourself!
Proving you are who you say you are is now a vital part of the recruitment process and Regulation 19 of the DTI’s ‘Guidance on the Conduct of Employment Agencies’ provides that an employment agency needs to obtain proof of identification for any candidates it deals with. A good agency will ask you to bring this information when you come in for interview.

Age Discrimination
Together with legislation governing Sex, Race and Disability from 1 October 2006 it will be unlawful for employers to discriminate on the grounds of age. This is just as applicable for younger candidates as it is for older ones.

Smoking in the work place
From 1 July 2007 in England legislation requires enclosed public places to be smoke free including work places and work vehicles.

Working Hours
Working Time Directive - Central to the working time regulations is the worker's statutory right to a maximum average working week of 48 hours. It can be higher in special circumstances but generally speaking the number of hours you work in a week is calculated by taking an average over 17 weeks. As an employee you are entitled to work longer hours should you wish to but you cannot be forced to do this and if you do want to work longer hours you need to sign an ‘opt out’ agreement. Flexi Time – In April 2003 the Employment Act introduced the right for parents of young and disabled children to apply to work flexibly. The general rule is that you must have a child under six or a disabled child under 18.

Retirement Age
65 will be the national default retirement age until 2011 when it will be reviewed where there have been talks of raising this to 67.

How much notice of termination must I give?
Both the employer and employee are normally entitled to a minimum period of notice of termination of employment. After one month's employment, an employee must give at least one week's notice; this minimum is unaffected by longer service. An employer must give an employee: At least one week's notice after one month's employment, two weeks after two years, three weeks after three years and so on up to 12 weeks after 12 years or more. However, the employer or the employee will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment.

Minimum Wage
The minimum wage for those aged 22 and over is £5.35. There is a lower minimum wage of £4.45 for those aged 18 to 21. Workers aged 16 and 17 (except apprentices) are entitled to a minimum of £3.30 per hour. Freelance and temporary workers are entitled to the minimum wage.