Wednesday, August 28, 2013

Employment Law

By Horas Johnson


A contract of employment is an explicit agreement between the employer and his/her employee about the terms and conditions of that employment.

An agreement must be reached before the employee's requests for contractual changes are agreed. If they wish to alter the agreement, they should, if necessary with the help of their union, explain why they have requested the changes and use the negotiations and arbitration to reach a common consensus.

Unless your request is covered by statutory labour regulations i.e. religious objections to working on a Sunday, you cannot suggest an alteration of an employment contract without first reaching out to your employer and explaining why you have requested the change. Once any changes are accepted by all parties, they should be confirmed in a new written contract.

Two things are required by law once a contractual change has been agreed by the employers and employees: a new written statement of employment and a letter sent within a month new agreement explaining the new contractual obligations of both sides.

Contractual changes need to be advertised and made public if these terms and conditions are not in the written statement of employment. If contractual changes take place, then the employer has a duty to inform the employee of how to find out about the changes.

Employers are duty bound to inform their employee's about alterations to collective agreements with trade unions or any other type of staff associations. If any contractual changes affect the terms and conditions of the written statements of any employee, whether they be the wages or working hours, then the employee must be informed.

If the employer refuses to honour a wage settlement, or the employee refuses to honour the working hours of the contract, then a breach has occurred. The situation can also become a negative issue if the employer tries to change a contract without seeking the agreement of the employer.

Arbitration services are available when contract disputes occur: they can be trade union representatives, citizen's advice bureaus, ACAS (Advisory, Conciliation and Arbitration Service) etc. Friendly mediation between both parties can resolve a conflict whilst reducing any last reputational damage. If an employee feels wrongly serviced by their employer, they can seek this mediation through the above options.

If both of the following apply, then an employee is subject to the terms of a fixed-term contract: they are hired for a specific purpose e.g. construction, or they are hired for a specified time period and a specific end date.

Alternatively, if an employee has a contract with a recruitment agency rather than the company that has contracted to the agency, then they are not fixed-term employees. Also, those on work-placement schemes, educational programmes or military personnel are examples of non fixed-term employees.

Casual seasonal staff and those covering maternity or sick leave, or someone hired for a specialist task on a construction project are sometimes tasked as fixed-term employees.




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