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Effective Working Relationships

Exam revision materials for Plumbing Level 2&3 and ACS Gas Safety test

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Employment contract

A contract is an agreement that sets out an employee’s.

‘Terms’ of the contract.

  • employment conditions
  • rights
  • responsibilities
  • duties

If a person has an agreement to do some work for someone (like paint their house), this isn’t an employment contract but a ‘contract to provide services’.

As soon as someone accepts a job offer they have a contract with their employer.

  • An employment contract doesn’t have to be written down.
< Go Back2013-07-03

Notice of Termination of Employment

What termination notice is the employee entitled to receive?

  • An employer and employee can agree contractual terms as to the notice period.
  • OR the statutory minimum notice periods to be provided:
    • Between 1 month and 2 years – 1 week’s notice required
    • Between 2 and 12 years – 1 week for every year worked, up to a maximum of 12 weeks
    • An Employment Tribunal can order that the employee should be entitled to more than 12 weeks notice because it is “reasonable” in that industry.
    • If an employee is not provided with his notice period he may have a claim for breach of contract.

What notice is the employee obliged to give to his employer?

  •  the contract will specify the notice period
  • if silent then minimum period of notice to be given by an employee who has been employed one month or more is 1 week
  • If the employee wishes to leave before the end of his contractual notice emploer is not entitled as a matter of law to force him to work

What is “Garden Leave?”

  • You do not attend the workplace during your notice period, even though you continue to be paid.
  • The employee is expected to stay at home and not commence new work during this period.
  • The purpose is to protect trade secrets
< Go Back2013-06-18

Holiday Entitlement

  • Almost all workers are legally entitled to 5.6 weeks paid holiday per year
  • known as statutory leave entitlement or annual leave
  • Most workers who work a 5-day week, must receive 28 days paid annual leave per year.
  • A worker works 3 days a week, their leave is calculated by multiplying 3 by 5.6 which comes to 16.8 days of annual paid leave.
  • If someone works irregular hours - eg shift work - they need to calculate their leave entitlement for irregular hours.
  • Staff working 6 days a week are only entitled to 28 days’ paid holiday and not 33.6 days
  • Workers have the right to:

    • get paid for leave
    • build up (‘accrue’) holiday entitlement during maternity, paternity and adoption leave
    • build up holiday entitlement while off work sick
    • choose to take holiday instead of sick leave
< Go Back2013-06-18

Written Statement of Employment

  • you should receive within 2 month from start working
    • if an employment contract lasts at least a month or more
  • This isn’t an employment contract but will include the main conditions of employment:
    • the business’s name
    • the employee’s name, job title or a description of work and start date
    • if a previous job counts towards a period of continuous employment, the date the period started
    • how much and how often an employee will get paid
    • hours of work (and if employees will have to work Sundaysnights or overtime
    • holiday entitlement (and if that includes public holidays)
    • where an employee will be working and whether they might have torelocate
    • if an employee works in different places, where these will be and what the employer’s address is
  • As well as the principal statement, a written statement must also contain information about:

    • how long a temporary job is expected to last
    • the end date of a fixed-term contract
    • notice periods
    • collective agreements
    • pensions
    • who to go to with a grievance
    • how to complain about how a grievance is handled
    • how to complain about a disciplinary or dismissal decision
  • MUST include your pay rate and when you will be paid
  • outlines a disciplinary procedure of a company
< Go Back2013-06-13