Employment Practice

Key points §   The Sunday Trading Act 1994 (which came into force on 26 August 1994) gave shop workers in England and Wales the right to opt-out of Sunday work, and the right also not to be dismissed, selected for redundancy, or victimised, for exercising that right. Shop workers employed before 26 August 1994 were also given the right to opt-out of any contractual obligation to work on Sundays. On 3 January 1995, that same right was extended to betting workers under analogous provisions inserted in the Betting, Gaming & Lotteries Act 1963. Since then, the relevant provisions of the 1994 and 1963 Acts have been repealed and have re-emerged in the (consolidating) Employment Rights Act 1996 (sections 36 to 43, 45, 101, 197(2), 232 and 233). §   For obvious reasons, the right to refuse to work on Sundays does not apply to opted-in shop and betting workers; that is to say, workers who have entered into an agreement with their employers to do shop work or betting work on Sunda...

Key points §   When an employee first starts work with an employer, he (or she) is entitled to receive a written statement containing specified particulars of the terms and conditions of his employment. The written statement (often inaccurately described as the 'contract of employment') must include particulars of any disciplinary rules the employee will be expected to observe during the course of his employment. Alternatively, the statement must refer the employee to some other document (such as a staff handbook) that is 'conveniently accessible' to him and that explains those rules or standards of conduct (section 1(3), Employment Rights Act 1996). §   The duty to include a note specifying disciplinary rules does not apply to rules or procedures relating to health or safety at work, although there is nothing to prevent an employer outlining such rules ( ibid. section 3(2)). §   The written statement or handbook (or whatever) must also give the name or job title of th...

Key points §   'Lack of qualifications' is one of the permitted (or legitimate) reasons for dismissal listed in section 98(2) of the Employment Rights Act 1996. The expression qualifications means any degree, diploma or other academic, technical or professional qualification relevant to the position that a dismissed employee held ( ibid. section 98(3)(b)). §   Although an employee can legitimately be dismissed for not having the qualifications needed to do his (or her) job, that is not necessarily an end to the matter. What an employment tribunal must decide is whether the dismissal was fair. Given the particular circumstances (including the size and administrative resources of his undertaking) did the employer act reasonably or unreasonably in treating the employee's lack of qualifications as a sufficient reason for dismissing him? That question, says section 98(4) of the 1996 Act, shall be determined 'in accordance with equity and the substantial merits of the case...