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Changes to Employment law

20th April 2012
By Clark_Taylor in Employment Law
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Overview
Equality Act 2010 ensures that is a right of every citizen of the UK to get the job without any discrimination. Equality Act 2010 minimises the discrimination on the basis of age, race, sex etc. Employment agreement is a legal and valid document. It is made between employer and employee to regulate the relationship of the employment. It is also known as contract of service.
Terms and conditions
It is a document that records the terms and conditions of the employment between employer and employee. It is a document that describes the role of the employee in the organisation. It is the document that specifies the rights and obligations of the employee.
Express or implied
It can be express or implied. It is the duty of the employer to provide the written statement of the employment to the employee within two months after the commencement of the job. Written statement is provided where there is no written contract. If it is in written form, then it is not mandatory to provide the written statement. A written employment agreement can fulfil the purpose of written statement.
Working time
The employer can not deprive the employee from the prescribed statutory rights. The Working Time Regulation 1998 ensures that employer cannot enforce the employee to work more than 48 hours in a week. Employee is entitled to 28 annual leave.
Disciplinary procedure
Employment Act 2008 abolishes the three steps disciplinary and grievance procedure. It imposes the obligation on the employer to follow the Acas guidance on disciplinary and grievance procedure. The employer must ensure that employee is prevented from taking part in bribery activities.
Affects of the agreement
The employee must fully read the employment contract before signing it. He must know the legal affects of the each provision of the agreement. The employee can challenge the decision of the employer to the employment tribunal if the decision is unfair and unjust. It also minimised the disputes between the parties. It is a document of rights and obligations. It must be in written form. The written form of the agreement promotes the healthier working atmosphere.
Important provisions
It must be concise and comprehensive. It must protect the interest of the employer and employee. It must ensure that employee is not deprived from the statutory rights. Employee can avail the statutory rights if these are not provided in the contract.
It must provide the detail about the job title, probation period, salary, leaves, disciplinary and grievance procedure, termination notice etc.
Salary
The important part of the agreement is salary. The employee must settle this issue before signing the agreement; the salary must not be lower than national minimum wage. There are different levels for the determination of the salary. Usually, salary is paid in accordance with qualification, competency and experience of the employee. It is the legal obligation of the both parties to fulfil their obligation. The employment document can be amended or alter with the consent of the both parties. The employment contract must be signed by the employer and employee. It must be fair and reasonable.
Changes from 6 April 2012

The qualifying period for unfair dismissal is to be extended from one year to two. An employee must in future have two years' service before they have the right not to be unfairly dismissed.
Maternity/Paternity/Adoption Pay will rise from 128.73 to 135.45.
Statutory Sick Pay will also increase from 81.60 to 85.85 per week.
State pension will also be increased from 102.15 to 107.45 per week as of 9th April 2012.

Net Lawman provides different nature of employment contract Such as:
Employment contract
A complete contract of employment suitable for all staff below director level in an organisation of any type or size. The document provides strong protection for the employer organisation. The employee may be full time, part time or temporary.
Employment contract: management level employee
A comprehensive employment contract for managers or other senior level staff who are not company directors. It can be used in organisations of any type, any business and any size.
Directors service agreement (employment contract)
This directors service agreement is a complete legal and practical framework for the employment of any executive director, whether on a running contract or on a fixed term. It is an employment contract for senior level staff that also defines the relationship between the director and the organisation. Provision for remuneration and common benefits is included, as is strong protection of company information.
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Source: http://www.goinglegal.com/changes-to-employment-law-2425078.html
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