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Select the right person for the right job in the first l. Your rights and duties as an employer. Discrimination: what to watch out for. Pregnant employees, married or unmarried, have several rights. A safe and healthy working environment, a pay.


: . : . . : 28.04.2010. : 2010. antiplagiat.ru: --.


1. Taking on an employee

The most important part of employing someone is to select the right person for the right job in the first l.
1. Do not discriminate because of sex, marital status or race in ads, interview and job descriptions. Under the Disability Discrimination Act, u must not discriminate against disabled l, for ml, by setting different selec- tion arrangement or offering different terms of employment.
2. ll your tax office when yu take on an mpl.
Yu should be careful that sex, racial or other sorts of discrimination do not creep into ads or interviews. Avoid using job titles which imply one sex or the other -- foreman, for xml. If u use this sort of job title, include in the d note that u welcome applications from both sexes. Avoid using he or she to describe job applicant in an d as it suggests u want applications from men on- ly, if u use he, or women only, if u use she. And be careful that illustrations don't give the impression that the job is man's or woman's job. In an interview avoid asking women about their husband, their marriage or family responsibilities.
The job should be described accurately in the d and in the letter offering the job. These two can from part of the contract of employment. When u d take on an employee, u should tell your tx office. Remember to get ur new mlo's 45; if your ml does not have one, fill out 46. When your ml has been with u for two months, u must have given your new mle written statement of the conditions and terms of the job.
It would be wise to take note of the actual d on which your ml starts. The date can determine whether u m be abl to dismiss your ml fairly or not, if things d not work out. Remember that dismissal because of sex, marital status or r will be unfair from d one. And in recent case, employees md redundant because of their age were said to be unfairly dismissed.
2. Your rights and duties as an employer

y and large, u can eml whoever u want. You can set u your own criteria about who u want to ml but there should be good reasons for it -- not solely because of age, sex, race and so on. There are some rules imposed on u, including what u can say; for xml, u cannot put on an d no blacks or no whites, no women or no men.
u can normally dismiss unsatisfactory employees. But the law sets out that it should be done fairly. Even if u fall foul of the law, u can usually still sack someone, if u are prepared to pay some money in compensation. However, these m turn out to be risky, time-consuming and very expensive course of action, so why not brush u on your employment 1aw knowledge and follow the rules on what u should d?
Your rights:
1. Your employees should be honest and obedient and not act against your interests.
2. They should not disclose confidential information about your business to others. 3. They should take care of your property.
4. Any patents, discoveries or inventions md during working hours belong to u.
5. Your employees should be competent, work carefully and industriously.
Your duties:
1. u should behave reasonably in employment matters.
2. u should practice good industrial relations, such as clear disciplinary procedures and grievance procedures.
3. u should your employees when u agreed to d so.
4.u should take reasonable care to ensure the safety and health of your employees.
3. Discrimination: what to watch out for

In general, u cannot discriminate on grounds of sex or race, and in employ ment, u cannot discriminate against married l or those with union membership. Whether u can impose age limits (for ml, thirty or under to be considered for job) is debatable because these m b more difficult for women to meet than for men (because they have had time off work to have children). This would be indirect sex discrimination. And recent case established that while age discrimination is not illegal, it can be unfair dismissal if there are no good grounds for dismissal.
1. Do not discriminate on grounds of sex or race or marriage;
2. Do not refuse to allow your employees to join trade union or dismiss them for trade union activity.
Discrimination means less favorable treatment of man or woman on the grounds f s or because they are married. It covers and conditions of the job, as well as opportunities for promotion, for ml. u cannot discriminate:
* in advertising or interviews for the job;
* in the terms in which the job is offered;
* in deciding who is offered the job;
* in opportunities for promotion, transfer or training;
* in benefits to employees;
* in dismissals.
u need to be particularly careful that u d not introduce requirements for job or promotion which are 1ikely to be met by one sex more than the other.
Note that if someone takes case against you to an industrial tribunal, it is illegal for u subsequently to victimize them or any ml who has helped them in their case.
Racial discrimination means treating one person less favorably than another on racial grounds, which includes color, race, nationality or ethnic or national origins. As with sex discrimination, racial discrimination also applies if u make requirement for job which one racial group would find more difficult to meet than an other group.
u cannot discriminate:
in advertising or interviews for the job;
in the terms in which the job is offered;
in deciding who is offered the job;
in opportunities for promotion, transfer or training;
in benefits to employees;
in dismissals.
4. Part-time staff

Until recently, there were three categories of workers: full-timers, part-timers working at least eight hours week but fewer than sixteen, and part-timers working fewer than eight hours week. Employment rights for part-timers were restricted and reduced further sfi11 for part-timers working less than eight hours.
However, in court case which reached the House of Lords in 1994, it was decided that the hours thresholds applying to part-timers amounted to sex discrimination under European laws because the vast majority of part-timers in the UK are women and the majority of full-time workers are men; The judgment lied only to entitlement to redundancy ay and compensation for unfair dismissal, but the government realized that it had implications for other employment rights as well. As result, the 1aw has been amended and from 6 February 1995, the hours thre- sholds have been removed from UK employment law. This means that part-timers now have the same rights as full-time workers in ll these areas:
right to complain of unfair dismissal;
right to statutory redundancy payments;
right to written statement of employment;
right to return to work after fu11 period of maternity leave;
right to written statement of reasons for dismissal;
right to time off for trade union dutes and activities;
right to time off to look for work or arrange training in redundancy;
right to guarantee payments;
right to notice of dismissal;
right to payment on medical suspension.
Part-timers already had, and continue to have, the same rights as full-time workers in the following areas:
right not to be discriminated against on the grounds of sex or race;
right not to suffer unlawful deductions from ;
right to 14 weeks statutory maternity leave;
* right to reasonable time off for antenatal care;
right not to be dismissed for trade union involvement or taking action on health and safefy grounds.
do not be too frightened of employment taw. On the whole, u can ml who u want and sack them if they prove to be incompetent;
behave reasonably towards your employees, giving them chance to explain their actions. 1f u d this, u can cut down the chances of being found guilty of unfair dismissal in an industrial tribunal;
use ll the agencies who are set u to advise in this very ml area.
5. Maternity

Pregnant employees, married or unmarried, have several rights, such as the right not to be dismissed unfairly, the right to maternity leave and the right to re- turn to work - but there are many conditions and exceptions which can only be glossed over in this section.
1. Give reasonable paid time off work so that your ml can have antenatal care;
2. Do not dismiss your ml because she is pregnant;
3. Give-your ml Statutory Maternity ;
4. Give your ml her job back, subject to certain conditions.
From 14 October 1994, woman wi11 automatically be held to be unfairly dismissed if (among others) the reason for dismissal is that she is pregnant or for any reason connected with her pregnancy.
An Employment l Tribunal has also found that it can be sex discrimination to dismiss woman because of pregnancy if u would not dismiss man who would need similar time off for an operation.
Yu can fairly dismiss an ml because of pregnancy if:
her condition makes it impossible for her to d her job properly, or
it would be against the 1aw for her to that particular job while pregnant.
If either of these applies, you must offer your ml suitable alternative vacancy if there is one available - and it makes sense to d this in writing. If u d not have one, your ml is sti11 entitled to Statutory Maternity and has the right to return to work, provided she otherwise qualifies.
6. Maternity leave

If your ml has worked for u continuously for two years or more, she has the right to take maternity leave u until the 29th week following the birth of her child. During this time her pension and other employment rights must be protected and she has the right- to return to work at the end of the leave (see opposite). Following changes to bring UK law into line with European legislation, if your eml has worked for u for less than two years, she is still entitled to u to 14 weeks statutory maternity leave, during which her employment rights must be protected. Once again, she has the right to return to work. 1n addition; the employee is not allowed - and u cannot require her - to work during the two weeks immediately following the birth of her child. If u breach this ban, u can b fined.
You will normally have to Statutory Maternity (SMP) to pregnant eml even if she is not going to return to work for after the birth of her child. It is bl for maximum period of eighteen weeks. u SMP if your ml:
has stopped working for u;
is stil pregnant at the eleventh week before her baby is expected;
has average weekly earnings of at least J61 week for 1996-97;
has been continuously mld by u for six months or more when the baby is due.
Th amount of SMP is 90 per cent of earnings for six weeks followed by twelve weeks at the rate set by the government - J54.55 week.
If u had five or fewer employees at the time your ml's maternity absence began and it is not reasonably practical to take her back in her ld job or to offer another suitable vacancy, your ml is unlikely to be bl to claim unfair dismissal.
If u have more than five employees, your ml has the right to return to work if she has worked for u continuously for two years at the beginning of the eleventh week before the baby is due. Your ml m lose the right to return to work if:
her job no longer exists because of redundancy and there is no suitable alternative job (in which case u redundancy m be due);
it is not practicable for her to return to her job and u have offered suitable alter- native work, which she refuse;
if your ml fails to meet some rules about written notification.
7. Fringe benefits as pay

Fringe benefits, such as company car or cheap meals, can often be worth more to an ml than salary rise, even though the tax treatment changed from Apri1 1994 to make this more expensive for the employer. A1so u have now t National lnsurance on your car benefit. How much of your ml's package is md u of salary and how much of fringe benefits is matter of negotiation. Yu have to send in form I ID each year to the 1nland Revenue by the date on the notice requesting information, which gives information about fringe benefits and expenses. The form needs to be filled in for:
employees earning at the rate of J8,500 year or over, including the tbl value of fringe benefits and expenses. So u might have to fi11 in form for employees whose salary is much less than J8,500, if they also have 1ot of perks, and
any directors, unless the director earns less than J8,500, including perks, works full-time for u and has 5 per cent or less of the shares, including what his or her family and friends own.
8. Saying goodbye to an employee

In most circumstances, u have got two years to assess employees, and during that time u can dismiss them without any fear of being taken to an industrial tribunal and accused of unfair dismissal. The only exceptions to this are if u dismiss someone because of sex, race, pregnancy or trade union activity; u would be guilty of unfair dismissal right from the start of the employment period. And if u dismiss an ml who would qualify for paid suspension on medi- cal grounds, u could be guilty of unfair dismissal if the ml had been with u for month or more.
1. Behave in reasonable way when dismissing an ml;
2. Give your ml the right notice.
After the initial period is u, it is sti11 not too much of rblm to dismiss someone. There are five reasons which m mean dismissal is fair, although u will also have to demonstrate that u have been reasonable in the circumstances. The reasons are:
being incapable of doing the job. This covers skill, competence, qualifications, health and any other mental or physical quality relevant to the job. Note that u not have to prove to an industrial tribunal that an ml is incompetent, merely that u believed it to be so and that u have acted reasonably. But u must make sure that your ml is aware of the requirements of the job and why and how they are not being met;
misconduct, for ml, theft, insolence, horseplay, persistent bad time-keeping, laziness;
illegality, if it would be illegal to continue employing the ml;
some other substantial reason, for ml, if it is in the best interest of the firm to sack an ml.
As u can see it is possible to dismiss an eml if u are dissatisfied. But it is very important to d so in reasonable way. It can save you an awful lot of time and money if u do because u can demonstrate to an industrial tribunal that u have been reasonable in the circumstances. Follow this plan.
9. Making an employee redundant

You can make an ml redundant, if you are cutting down generally on the number of employees or if your need for particular skill in your business ceases. But u must make the redundancy fair; do not choose married women, trade unionists, part-timers, or l over: certain age, for ml. And u must consult the recognized trade union about the proposed redundancy.
If an ml has been with u for two years, u will have to redundancy . The amount depends upon the age of the ml and varies between S and S weeks' for each year the ml has worked for u. There is limit on the amount of week's .
You must give your ml:
one week's notice if your ml has been with you for one month but less than two years;
two weeks' notice if your ml has been with u for two years;
an extra week's notice for each extra year your ml has been with u, u to maximum of twelve weeks' notice.
If you ..................

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