Managing Pay, Leave, and Working Time Lawfully: Key Issues for Managers

Major Statutory Rights in Pay, Leave, and Working Time

You are asked to summarise for managers the key issues they need to consider to manage pay, leave and working time lawfully. Ensure you include the major statutory rights, equal pay, and maternity, paternity and other family-friendly employment rights.

4.1 Identify the major statutory rights workers have in the fields of pay, leave and working time.

4.2 Explain the major requirements of equal pay law.

4.3 Explain major maternity, paternity and other family-friendly employment rights.

Key points :

You must summarise the legal requirements relating to the management of pay and working time in particular the principles of law on working time, national minimum wage, and equal pay. They should include the major maternity, paternity and other family-friendly employment rights

Include statute and Case Law examples

Part 1 State the major statutory rights employees have in management of pay, leave and working time. 40 % (pp85 Kathy Daniels)

• Implied term / Expressed term of their contract
• Potential redress via ET breach of contract /unlawful deduction to wages
• National minimum wage/ living wage
• Holiday statutory entitlement
• Working time directive (maximum hours /breaks)   
• All employees are entitled to an individual written pay statement.
• Pay slips/statements must be given on or before the pay date.
• Fixed pay deductions must be shown with detailed amounts and reasons for the deductions - e.g. Tax and national insurance.
• Part time workers must get the same rate as full time workers.

Part 2 Explain the major requirements of equal pay law. 20% (pp128 Kathy Daniels)

• Define equal pay which aspects does it cover and who (Like Work/work related as equivalent/work of equal value)
• Recent changes in legislation (Gender pay gap)
• Legislation/ statute/ how are claims dealt with

Useful link :

http://www.cipd.co.uk/hr-resources/factsheets/equal-pay.aspx

http://www.equalpayportal.co.uk/good-equal-pay-practice/

Part 3 Explain major maternity, paternity and other family-friendly employment rights 40% (pp100 Kathy Daniel)

• Legislation / statute outlines employees rights in these areas.
• Section one right example from each category and explain the employee rights
• ie Maternity –Pay and leave / right to return / paid time off for antenatal care

Useful link :

 http://www.cipd.co.uk/hr-resources/employment-law-faqs/flexible-working-legislation.aspx

QUESTION 2: Assignment Brief : 650 – 700 words

Assignment Brief :

Identify the major requirements of health and safety law and the significance of implied duties as regards the management of employees at work. Then explain the principles of the law on freedom of association.

Assessment Criteria :

5.1 Identify the major requirements of health and safety law. 40 %

5.2 Explain the significance of implied duties as regards the management of employees at work.40 %

5.3 Explain the principles of the law on freedom of association. 20 %

Key points :

Candidates should demonstrate their understanding of the principles of law in this area, calling upon any recent changes and their implications for managers.

Include statute and Case Law examples

• What are the key requirements for businesses under HASAWA 1974 –duty of care/ wellbeing. (pp247/249 Kathy Daniels) and employees responsibilities
• Important this this includes the physical and mental well
• Useful links :
• http://acas.org.uk/index.aspx?articleid=3751
• https://compactlaw.co.uk/free-legal-information/employment-law/employer-obligations-to-employee.htm

• What are the employees right to freedom of association’
• Freedom of Association Human Rights Act 1998

According to art.11 of the European Convention on Human Rights, "everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests".

http://www.xperthr.co.uk/employment-law-manual/human-rights/20368/?keywords=freedom+of+association+#freedom-of-assembly-and-association

Useful publications in employment law

A selection of publications relating to employment law in the UK, listed under subject headings and updated regularly. 

http://www.cipd.co.uk/hr-resources/law-useful-publications.aspx

http://www.xperthr.co.uk/law-reports/

Employment Law Cases & CPD

Employment Cases Update is the UK's leading site for keeping up to date with all the latest employment law cases as they are published. On this site you can:browse and search the full text of all the key Employment Appeal Tribunal, High Court, Court of Appea