Equality Act 2010 & Discrimination/protected characteristics: key card

Key Points

  • There are nine protected characteristics under the Equality Act.
  • The Act brings together a whole range of anti-discrimination law.
  • Different characteristics attract different standards and protection

 

Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Termination of employment/key card

Key Points

  • Termination of employment occurs in a number of ways, whether by dismissal (actual or constructive), expiry or frustration.
  • Claims arising from termination may be for breach of contract that is wrongful dismissal or Unfair Dismissal under the statutory provision.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

National Minimum Wage (NMW): Key Card

Key Points

  • The National Minimum Wage Act was introduced with effect from 1st April 1999. The hourly rate depends on age and whether the worker is an apprentice.
  • The National Minimum Wages Regulations and amending Regulations have been consolidated into the National Minimum Wage Regulations 2015
  • The Low Pay Commission recommends changes in the hourly rates.
  • The basic approach is to divide a worker's total remuneration which is to be taken into account (essentially "gross pay", including tax and national insurance but excluding benefits in kind) by the total number of hours in a pay reference period. 
  • The calculation varies according to time work, salaried hours work, output work and unmeasured work
  • Records have to be capable of being produced in a single document on request by the worker or enforcement agency and must be kept for 3 years but do not have to be in any particular form.
  • Apart from the statutory minimum wage there can be and are industry and other non-statutory (and thus non-enforceable unless agreed in relevant employment contracts) minimum wage arrangements, for example the Living wage (LLW).
  • Workers aged 25 and over are entitled from April 2016 to the National Living Wage (NLW) which is paid at a higher rate than the NMW. 

 

Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Unlawful Deductions: Key Card

Key Points

  • A worker is entitled to be paid a wage (that he earns) subject to only lawful deductions.
  • Unlawful deductions are those that are not set out in statute or agreed in advance or in writing within the workers contract.
  • A worker has 3 months to bring a claim in the Employment Tribunal.  If it is deemed that an unlawful deduction has been made, an employer must return the worker to the position as if no such unlawful deduction had been made.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Right to Pay

Key Points

  • An employee’s right to pay is governed by the contract of employment.
  • The right to pay is subject to statutory minimums – the national minimum wage.
  • Employees are entitled to pay during certain absences, including holiday, family and caring related absence, and sickness absence (subject to satisfying statutory sick pay criteria).
  • Employees are protected from employers making unlawful deductions from their wages.
  • Some level of deductions are permitted for retail employees
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Collective Consultation / Key Card

Key Points

  • There is no general obligation on employers to inform and consult with their employees or their employees' representatives.
  • Employers are nevertheless required to inform and consult in certain specific situations.
  • Certain employers can also be compelled to inform and consult on an ongoing basis if this is requested by their employees.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Discrimination and Pensions - key card

Key Points

  • The Equality Act 2010 prohibits direct discrimination and indirect discrimination on the grounds of a protected characteristic.
  • The protected characteristics listed in the Equality Act are sex, age, religion or belief, race, sexual orientation, gender reassignments, pregnancy & maternity, marriage and civil partnership, and disability.
  • With the exception of age, direct discrimination cannot be objectively justified, but indirect discrimination can be.
  • There are particular exemptions in the Equality Act and associated regulations that apply to pension schemes, notably in relation to age.
  • Trustees of occupational pension schemes are liable to their members or prospective members if they discriminate in terms of the offer of membership or benefits provided under the scheme, for example.
  • All occupational pension schemes are deemed to include a non-discrimination rule, regardless of what the rules say.
  • The Equality Act 2010 also applies (with certain important exceptions) to providers of goods and services.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Health & Safety at Work/key card

Key Points

  • UK Health and Safety statutes, rules, Codes of Practice and regulations form a mishmash system which has grown and grown over the years. Attempts are made from time to time to pull the system together into one comprehensive code, with varying degrees of success. The most recent of these was the Health and Safety at Work 1974.
  • The various regulations which have been made and updated since then are the attempt to regulate the way in which health & safety is organised and managed in the workplace in the UK.
  • The regulations which are of greatest importance to employers in standard workplace environments (i.e. not factories, mines, ships etc) include Management of Health and Safety at Work Regulations SI 1999/3242 , The Workplace (Health, Safety and Welfare) Regulations 1992 SI 1992/3004 and The Working Time Regulations 1998 SI 1998/1833
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Data Protection & Freedom of Information/key card

Key Points

  • Please see our summary GDPR card here
  • The Data Protection Act 2018 (“DPA 2018”) establishes a framework of rights and duties which are designed to safeguard personal data. It implements the General Data Protection Regulation and repeals and replaces the Data Protection Act 1998. The GDPR and the DPA 2018 should be read side by side
  • The Information Commissioner has issued guidance to employers on the DPA 2018
  • Under the DPA 2018 there are stricter rules around processing of personal data and special categories of personal data
  • There are stricter rules about the giving of consent and the ICO has published guidance on this, which should be read together with its guide to the GDPR
  • Employers need to consider carefully their policies around retaining employment records
  • This card gives an overview of the main obligations and principles under the DPA 2018 and the GDPR, the main terms used within the DPA 2018 and data subject rights
  • The related cards deal with these matters in more detail

 

Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Redundancy/key card

Key Points

  • Redundancy for the purposes of consultation is simply defined as termination for a reason “not related to the individual concerned.”
  • The broader definition of redundancy is set out in a two stage test that flows from ERA 1996 s.139
  • Compensation for unfair dismissal is better than for redundancy and so redundancies can often result in unfair dismissal cases.
  • An employer does not have to be in a poor financial position to justify making redundancies.
  • Re-engagement following a redundancy can negate the redundancy entirely provided it is within a given time frame.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current: