Employment Rights & Responsibilities (ERR) PART ONE. Workbook for Hairdressing Apprentices. Name. Salon Name. City and Guilds Registration number

Transcription

1 Employment Rights & Responsibilities (ERR) PART ONE Workbook for Hairdressing Apprentices Name Salon Name City and Guilds Registration number Inter Training Services Ltd 2 London Road Horndean Waterlooville Hampshire PO8 0BZ T: F: E: info@its-ltd.net W: June 2013/G/QF/Learners/2.7a

2 Introduction to ERR Workbooks Page 2 of 19 As an employee, you need to be aware of your rights and obligations to protect your legal rights and those of your employer. ERR is part of all apprenticeships and must be completed to gain your Apprenticeship Certificate. Some of the rights and responsibilities covered in this workbook may be covered in your Diploma in Hairdressing and you may also have covered some of them as part of your induction. This workbook will reinforce what you have already learned and plug any gaps in your knowledge. You will have to do some research to complete some of the tasks in this workbook and these are listed below. Remember that you are not on your own when completing this journey of learning. Look at the range of information sources that are available to you: Asking and watching colleagues Your salon manager, trainer and assessor Product leaflets Notices displayed in your salon Websites Induction tasks you have already completed Trade magazines Text books Glossary at the back of workbook 3. IMPORTANT! Every time you complete this workbook please record the amount of time in your Learning Log. Please ensure that you answer using full sentences and that your spelling, punctuation and grammar are correct. This workbook is divided into 3 sections: 1. Employment Rights and Obligations for Recruitment 2. Employee Rights on Appointment Contract of Employment 3. Basic Employee Rights Working Time Regulations and Minimum Wage Each of these sections contain a number of tasks to be completed. In total, there are 29 tasks to complete over 3 workbooks but don t worry! Some of the tasks are very quick and simple to do. For others, you may need to access the internet, ask your colleagues questions or look up information that is available in your salon. If you need any help, don t be afraid to ask!

3 Page 3 of 19 Section 1 Employment Rights and Obligations for Recruitment SECTION 1 Task 1 True or False? 5-6 Task 2 Protected Groups 7 Task 3 Dodgy Interview Questions 8 Page Section 1 start date Target date for completion APPRENTICE please fill in this table when you have completed Section 1 Date of actual completion Guided Learning Hours Estimated time this part of the workbook should take you to complete Actual time taken to complete this part of the workbook Apprentice signature Hours 2 Hours Minutes

4 Task 1 - True or False? Page 4 of 19 Highlight or tick the buttons on the left to show whether the statements below are true or false 1. The Rehabilitation of Offenders Act 1974 enables criminal convictions to become spent or ignored after a rehabilitation period. After this period, with certain exceptions an ex-offender is not normally obliged to mention their conviction when applying for a job, obtaining insurance or when involved in criminal or civil proceedings. Research: 2. The length of the rehabilitation period depends on the sentence given not the offence committed. Research: 3. Applicants with a criminal record who are asked on an application form or at an interview whether they have any previous convictions can answer no if the convictions are spent and the job applied for is not excepted from the Act. Research: 4. The Equality Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so because criminal records are confidential information. Research: 5. The Equality Act limits the circumstances when employers can ask pre-employment health-related questions. Research: 6. Once a person has passed the interview and has been offered a job (whether this is an unconditional or conditional job offer) employers are permitted to ask appropriate health-related questions. Research: 7. A jobseeker cannot take an employer to an Employment Tribunal if they think the employer is acting unlawfully by asking questions that are prohibited, though they can complain to the Equality and Human Rights Commission. Research: True False

5 Highlight or tick the buttons on the left to show whether the statements below are true or false 8. A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. Page 5 of 19 True False Research: 9. The Equality Act makes it unlawful for employers to prevent or restrict employees from having a discussion to establish whether differences in pay exist in relation to protected characteristics. Research: The Equality Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected. Research: Thinking Point Have you experienced or witnessed discriminatory behaviour during recruitment? What made it unfair?

6 Task 2 - Protected Groups Page 6 of 19 Pregnant Women Russians People who have undergone gender realignment Christians Which groups are protected from discrimination? Eldery People Disabled People Gays & Lesbians Who is Protected? Yes No Pregnant women People who have undergone gender reassignment Elderly People Gays and Lesbians Disabled People Christians Russians

7 Interview Questions Page 7 of 19 According to UK law, applicants must be selected on their merit. There are certain questions an employer may not ask a jobseeker at interview. The Equality Act limits the circumstances when employers can ask healthrelated questions before offering the individual a job. Once a person has passed the interview and has been offered a job (whether this is an unconditional or conditional job offer) employers are permitted to ask appropriate health-related questions. Employers may ask health-related questions to help them to: decide whether to make any reasonable adjustments for the person to the selection process decide whether an applicant can carry out a function that is essential ( intrinsic ) to the job monitor diversity among people making applications for jobs take positive action to assist disabled people assure that a candidate has the disability where the job genuinely requires the jobholder to have a disability There are some questions that should never be asked because they are discriminatory. Task 3 - Dodgy Interview Questions Illegal interview question Why is it discriminatory? Have you ever been arrested? What religious holidays do you celebrate? How old are you? Where were you born? What is your nationality? Are you married, divorced, separated or single?

8 Page 8 of 19 Section 2 Statement of Terms and Conditions for Employment (Contract of Employment) SECTION 2 Page Task 4 - Contract of Employment 11 Task 5 - Notice Period 12 Task 6 - Your Pay Statement 14 Section 2 start date Target date for completion APPRENTICE please fill in this table when you have completed Section 2 Date of actual completion Guided Learning Hours Estimated time this part of the workbook should take you to complete Actual time taken to complete this part of the workbook Apprentice signature Hours 1 Hour Minutes

9 Statement of Terms and Conditions of Employment Page 9 of 19 Within two months of starting work, employers must provide a statement, in writing, of the particulars of the terms of employment. This is not in itself a contract, but can be used as evidence of contractual terms before an Employment Tribunal. The terms included in the statement must include: The name of your employer The date your employment started and whether any previous employment is regarded as continuous with it The rate of pay or the method of calculating it and how often it is paid Hours of work Entitlement to holidays, holiday pay, sick pay, and whether or not a pension scheme exists The length of notice to terminate the employment contract which is required to be given by each side Job title If your employment is not intended to be continuous the period for which it is expected to continue, if it is for a fixed term the date on which it is to end Your place or places of work and whether you are required to work outside the United Kingdom Whether any collective agreements* directly affect your terms and conditions of work * Collective Agreements One of the main aims of a trade union is to negotiate with employers about matters affecting their members and other employees. These negotiations are known as 'collective bargaining'. These particulars must be given in a single document unless they refer to another accessible document for particulars of incapacity, sick pay or pensions, or notice requirements. Any disciplinary rules that apply to you must be specified, as well as the name of any person to whom you can apply if you have a grievance or are dissatisfied with any disciplinary action, and the procedure that you must follow. Details of disciplinary rules need only be given if your employer employs at least 20 people. Another accessible document, such as a Company Handbook that contains this information, may be referred to.

10 Task 4 - Sample Contract of Employment (extract) Complete the sample contract extract with YOUR employment details Page 10 of 19 Employer s name Statement of Terms and Conditions of Employment Employee s name (your name) Date of commencement of employment Main place of work: (insert address) Job title Duties and responsibilities (take these from your job description) Hours of work Monday Tuesday Wednesday Thursday Friday Saturday Sunday Do you get paid overtime for working above these hours? How many days holiday are you entitled to each year? Does this total include Bank Holidays? Lateness (what you are required to do if you are late) Sickness (what you are required to do if you unwell)

11 Notice of Termination of Employment Page 11 of 19 After one month s employment, an employee must give at least one week s notice if he/she wishes to terminate their employment. Unless otherwise stated (in the terms and conditions of the contract of employment), this notice period stands throughout the period of employment. An employer must give an employee: At least one week s notice after one month s employment Two weeks notice after two years employment Three weeks after three years, and so on up to 12 weeks after 12 years or more. Minimum notice periods can be increased in the statement of terms and conditions of the contract of employment but cannot be lawfully decreased. Task 5 Notice Period What is the notice period in your contract? Remuneration Remuneration is another term for employee pay. There are a number of ways a company might recompense an employee for work beyond a standard wage or salary. These methods of paying include offering benefit packages, health insurance and time off, among many others. Basic remuneration is the employee's salary or wage, which may be calculated in several different ways. The employee may receive an hourly wage, and get paid specifically for hours worked. Employees may get a salary or set amount of pay per month, twice monthly, bi-weekly or per year, no matter how many hours they work. Some sales people work on a commission basis and may only make money if they sell products and/or services. It is common practice for stylists to receive a basic salary with added commission based on the amount of money they have taken for the salon. Gross pay is the amount of wages or salary that is paid by an employer to an employee. The amount reflects the total amount of pay before any deductions of any type are made. Net pay is the remaining amount after deductions have been made from the gross pay.

12 Itemised Pay Statement Page 12 of 19 Every pay statement must contain the following information: amount of your wages before any deductions (gross wages) individual amount of any fixed deductions (such as trade union subscriptions) or the total amount of these deductions if you are given a 'standing statement of fixed deductions' as detailed below individual amount of any variable deductions (for example tax) net amount of your wages (this is the total after deductions) amount and method for any part-payment of wage (such as separate figures of a cash payment and the balance credited to a bank account) Your employer might include additional information on your pay slip which they are not required to provide, such as: National Insurance number tax codes pay rate (either annual or hourly) additional payments like overtime, tips or bonuses, which might be shown separately Standing Statement of Fixed Deductions If your employer does not set out any fixed deductions in your pay slip, they must give you a standing statement of fixed deductions. This statement must: be in writing state the amount and intervals at which the deduction is made contain the purpose or description of the deduction be given to you before your first pay slip with the fixed deductions be updated at least every 12 months If you don t receive your full pay, you should check your payslip and contract of employment to see if they explain why you have not been fully paid. If there are any changes that affect your fixed deductions, your employer must give you written notice of the change or an amended statement. If you have a problem with your payslip, first speak to your employer to see if you can sort out the problem informally. If this does not work, you might be able to make an application to an employment tribunal.

13 Task 6 - Your Pay Statement Page 13 of 19 Look at your pay statement and enter the following information below: Payment Method (including amount and method for any part-payment of wage) Total Gross Pay Deductions Fixed Deductions Variable Deductions Total Net Pay Thinking Point What would you do if you thought your pay statement was incorrect?

14 Page 14 of 19 Section 3 Basic Employee Rights Working Time Regulations and Minimum Wage SECTION 3 Page Task 7 True or False? 17 Task 8 - Current National Minimum Wage Rates 18 Task 9 Data Protection 19 Section 3 start date Target date for completion APPRENTICE please fill in this table when you have completed Section 3 Date of actual completion Guided Learning Hours Estimated time this part of the workbook should take you to complete Actual time taken to complete this part of the workbook Apprentice signature Hours 1 Hour Minutes

15 Working Time Regulations Page 15 of 19 Adult workers cannot be forced to work more than 48 hours a week on average - this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week. If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce. If you decline to sign an opt-out, you shouldn't be sacked or unfairly treated for example, by being refused promotion or overtime. You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days notice. This could be longer (up to three months) if you previously agreed this in writing with your employer. Your employer is not allowed to force you to cancel your opt-out agreement. Example of opt-out agreement I [name] agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer [amount of time - up to three months] notice in writing to end this agreement. Signed... Dated... Working Hours Young people (from school leaving age up to 18) can only work up to eight hours a day and up to 40 hours a week. Workers over 18 can choose to work longer but employers cannot make you. You must sign a written agreement for this. Workers do not have to work more than an average of 48 hours each week. This applies to almost everyone working in the UK. Time that is not counted in working hours include lunch breaks travel to and from work unpaid overtime that a worker chooses to do Special conditions may apply to apprentices so check your Apprenticeship Agreement.

16 Working Time Limits Page 16 of 19 A young worker cannot usually be made to work more than eight hours per day or 40 hours per week. These hours cannot be averaged over a longer period and you're not allowed to ignore these restrictions. You'll only be able to work longer hours if you either need to: keep the continuity of service or production respond to a surge in demand for a service or product and provided that: there is no adult available to do the work your training needs are not negatively affected If you need to work longer than 40 hours a week, or you think your employer is unfairly asking you to work over this limit, contact your local Citizens Advice Bureau or the Pay and Work Rights helpline. Task 7 True or False? Highlight or tick the buttons on the left to show whether the statements below are true or false True False Men and women in the armed services are not covered by the Working Time Regulations If a worker (over 18 years of age) opts out of the 48 hour working time limit this must agreed in writing with their employer Since 2009, trainee doctors are covered by the Working Time Regulations Workers aged 16 and 17 years of age may only work 8 hours a day

17 National Minimum Wage (NMW) Page 17 of 19 There are different levels of NMW, depending on age and whether the worker is an apprentice. Almost everyone who legally works in the UK is entitled to receive a minimum level of pay. This is called the national minimum wage. Any tips workers receive must be paid on top of the minimum wage. Employers cannot take money out of workers wages for things like equipment, protective clothing, or uniforms, if it reduces their pay to below the minimum wage. The amount for the minimum wage can change every October so check the Business Link website to see the latest rates using the link below. An apprentice who is over 19 and who has been in their apprenticeship for more than one year must be paid the national minimum wage rate for their age group. From 1st October 2012, an apprentice who is under 19 or in their first year of an apprenticeship must be paid the new Apprenticeship Rate of 2.65 per hour. Employers who do not pay the correct minimum wage will be issued with an automatic penalty of up to 5,000 that will have to be paid even if the underpayment was a mistake. The most serious cases could result in an unlimited fine. In addition, employers are required to pay arrears to the worker on the basis of calculations made using the current minimum wage rate, even if this is higher than the rate at the time of underpayment. Task 8 - Current NMW Rates Click on the link above to find out the current NMW rates for the types of worker listed in the table. Type of Worker The main rate for workers aged 21 and over The rate The rate for workers above school leaving age but under 18 The Apprentice rate: for Apprentices under or over In the first year of an Apprenticeship Current NMW Rates Per Hour

18 Page 18 of 19 FREE PHONE - PAY & WORK RIGHTS HELPLINE or Visit direct.gov.uk/payandworkrights Call the helpline if you want more help or advice about your working hours you want to check that you are being paid the correct wage Calls to the helpline are free and in confidence. You can get help and advice in over 100 different languages. There is also a lot of helpful information on Data Protection You will need to provide your employer with certain personal details when you start your job, and you should inform your employer if these change. Your employers will keep these details privately. There are also other pieces of information that will be held by your company that will be kept privately. These include details of customers and suppliers, such as prices, schedules and bills. It is important that you understand that there are certain pieces of information that you will not be able to see, and that there is information that you hold that you should not share with others. There are certain groups of people who can ask to see these details. If you are ever unsure about whether you should share information with other people, make sure that you check with your line manager. Task 9 Data Protection Answer the following questions: Do you have the right to see your own personal record? Name two other groups of people who can access your records. Whom should you inform if your personal details change? Congratulations! You have completed part one of Employment Rights and Responsibilities!

19 Project Evaluation To be completed by the learner: Page 19 of 19 Which parts of the project did you find most interesting or useful? You have probably used a range of personal, learning and thinking skills (PLTS) when completing this project. Tick the ones you think you used from the list below: Work towards goals with commitment and perseverance Organise time/resources and prioritise actions Deal with competing pressures, including personal and work-related demands Seek advice and support when needed Explore issues from different perspectives Analyse and evaluate information, judging its relevance and value Consider the influence of circumstances, beliefs and feelings on decisions and events Support conclusions, using reasoned argument and/or evidence Ask questions to extend your thinking Question your own and others assumptions Assessor Feedback/Comments Content: Presentation: Spelling: Punctuation: Grammar: Full stops and capital letters: Assessor e-signature Date