Employment Rights and Responsibilities

Employment Rights and Responsibilities

Q1 What three elements must an Apprenticeship Agreement contain?

An apprenticeship agreement is an agreement between an employer and an apprentice in which the apprentice agrees to undertake work for the employer.

 It is a written statement outlining the particulars of employment 

• hours of work,
• holiday entitlement, 
• rate of pay 

The Agreement does not entitle an apprentice to any additional rights over other employees.

An apprenticeship agreement became a condition for the completion of an apprenticeship on 6 April 2012 due to the Apprenticeships, Skills, Children and Learning Act (2009).

An Apprenticeship Agreement can be in the form of a written statement of particulars under the Employment Rights Act (1996), or a document in writing in the form of a contract of employment or a letter of engagement where the employer's duty under the 1996 Act is treated as met.


Q2 Give three examples of legally-binding contract terms

Employment contracts are legally binding and protect both the employer and employee's rights and responsibilities.

The legal parts of a contract are known as ‘terms’. The terms of an employment contract set out what the employee and employer can expect of each other. 


It is important that you know what a legally binding part of a contract is and what is not.

A contract of employment can be given to you in a number of different ways, including:

•  a written contract (or similar document)
•  an employee handbook or on a company notice board
•  a spoken agreement with your employer
•  an offer of employment letter from your employer.

When a period of employment is set to last for more than a month, all employees are entitled by law to a written statement of the key terms and conditions of their employment within two months of starting work.

Conditions of employment which relate to the employee may include information relating to notice periods, salary/wages, benefits and work hours.   

Conditions of employment that relate to the company include discipline/grievance procedures, intellectual property and copyright.

Employment contracts can be permanent, where there is no end date specified, temporary, or for fixed-terms, where there is a specific end date for the employment.

Changes to employment contracts must be made by following procedures which are designed to protect the employee from unfair treatment. 

If employers wish to make any changes in their employees contracts of employment they must consult on those changes with employees or their representatives (eg a trade union).

Q3 There are three types of employment status - a ‘worker’, an ‘employee’ or ‘self- employed’. What are the basic employment rights for each employment status?

 Workers have a contract (not necessarily written) to undertake work in return for reward. Work should be available to them for the duration of the contract.

 

Workers are entitled to certain employment rights, including:

• being paid national minimum wage
• protection against unlawful deduction from wages
• receiving the statutory minimum level of paid holiday
• protection against unlawful discrimination
• not to be treated less favorably if they work part-time.

 Employees are workers, but have a wider range of employment rights than other workers, including:

•  statutory sick pay
•  maternity, paternity and adoption leave and pay
•  the right to request flexible working
•  minimum notice periods of their employment will be ending.

Self-employed people are not generally covered by employment law, except for some things like health and safety. Rights and responsibilities are determined by the person’s contract with their client.