NGSU Regional Councils – Feb/Mar 2014 Employment Contracts Nationwide Group Staff Union.
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Transcript of NGSU Regional Councils – Feb/Mar 2014 Employment Contracts Nationwide Group Staff Union.
NGSU Regional Councils – Feb/Mar 2014
Employment ContractsEmployment Contracts
Nationwide Group Staff Union
NGSU Regional Councils – Feb/Mar 2014
AgendaAgenda
• Overview of Contracts
• Employment Rights
• Contract Types at NBS
• Terms and Conditions
• Example of a Contract
For information only – not legal advice!
NGSU Regional Councils – Feb/Mar 2014
Employment ContractsEmployment Contracts
• An agreement that sets out an employee’s:– terms & conditions– duties & responsibilities
• A contract can be:– written– verbal– based on Custom and Practice
NGSU Regional Councils – Feb/Mar 2014
Contract TermsContract Terms
• Contracts consist of:– Express terms
• written into the contract, a staff handbook or collective agreement
– Implied terms• assumed to exist because of the relationship
between employer and employee • mutual trust and confidence
– Custom and Practice• a form of implied term based on what actually
happens in the workplace– Incorporated terms
• added or amended by a ‘collective agreement’
NGSU Regional Councils – Feb/Mar 2014
Employment RightsEmployment Rights
Contracts include– Statutory Rights
• legal minimum• void without them
– Enhanced terms• exceed statutory minimums• e.g. redundancy terms
– Custom and Practice• Reflect normal or regular practice
NGSU Regional Councils – Feb/Mar 2014
Employment RightsEmployment Rights
• The entitlement to statutory rights depends on employment status– Employee– regular work; told what to do; covered by policies; employer
deducts tax & NI; can’t send substitute; equipment provided
– Worker – no obligation to work; described as casual or as required (zero-
hours); expected to carry out the work; tax & NI deducted; equipment provided
– Self-Employed– Submits invoices for work done; pays own tax & NI; can hire in
help; no direct supervision; provides own equipment
NGSU Regional Councils – Feb/Mar 2014
Employment RightsEmployment RightsAnti-discrimination
Health & Safety
Equal Pay
Agency Worker Conduct Regs
Unfair Dismissal
Statutory redundancy pay
Right to request flexible working
Maternity, paternity and adoption leave
Paid time off for TU activity
Statutory notice
Equal treatment for fixed-term contract staff
Rights for Employees
Rights for Workers
Whistleblowing
Blacklisting
Right to be Accompanied
48-hour working time limit
Statutory breaks and Statutory paid holidays
Protection from detriment for TU activities
Unlawful deductions from pay
National Minimum Wage
Equal treatment of agency workers
Rights for the Self EmployedSource: TUC Workplace manual
NGSU Regional Councils – Feb/Mar 2014
Employment RightsEmployment Rights
• Employees have a right to written statement of terms and conditions within two months of starting– can be a letter of appointment, contract or
separate statement
• Time Limits– first day rights (Discrimination/H&S)– 26 weeks rights (Paternity Leave)– Two year rights (Unfair
dismissal/Redundancy)
NGSU Regional Councils – Feb/Mar 2014
Changes to ContractChanges to Contract
• Contracts can be changed by– Agreement between employer and
employee– By collective agreement
(incorporation)– Notice and re-hire
• Breach of Contract– Tribunal (resigned or dismissed)– County Court (still employed)
NGSU Regional Councils – Feb/Mar 2014
Employment RightsEmployment Rights
• European Directives– Part-Time Workers– Fixed-Term Workers– Working Time Directive
• UK Law and Regulations– Employment Rights Act– Equality Act
• Case Law– USDAW v Ethel Austin Ltd
NGSU Regional Councils – Feb/Mar 2014
Contract Types at NBSContract Types at NBS
• Several Contract Types– Branch Network Contract– 9to5 Contract– 8to8 Contract– 6to10 (Flexible) Contract– Shift Contract– SFC Contract
• Flexible Working Variations– Part-Time– Fixed-Term– Homeworking– Term Time– Job Share
NGSU Regional Councils – Feb/Mar 2014
Contract Types at NBSContract Types at NBS
• Contracts clauses vary over time!• 8to8 Working Hours (extract)
– From time to time, you may be required to change the hours and days you work in order to meet business needs. Reasonable notice will be given of this requirement. As far as possible, your personal circumstances will be taken into account when your working pattern and unpaid break is determined. This will be carried out by your line manager in consultation with you at appropriate intervals and will depend on the business needs. [2003]
– Your working pattern, which means the hours you work and the days on which you work, will be as advised by your manager. Your working pattern can be altered by the business to cover the hours of its operation. Changes to your working pattern may be for a temporary, longer term or permanent basis. The amount of notice you may receive for changes to your working pattern will vary in relation to the change required and circumstances involved. [2010]
NGSU Regional Councils – Feb/Mar 2014
Terms & ConditionsTerms & Conditions
• Statutory Rights
• Collective Agreement– Negotiation/Consultation– Harmonisation (Regional Brands)
• Contractual Terms– Key terms; other terms
• Policies and Procedures
• Discretionary Terms
NGSU Regional Councils – Feb/Mar 2014
Terms and ConditionsTerms and Conditions
• Key Documents– Letter of Appointment– Contract Employment– HR Policies– Contractual Terms Handbook– Recognition and Procedure
Agreement– Joint Statements– Letters of variation
NGSU Regional Councils – Feb/Mar 2014
Terms and ConditionsTerms and Conditions
• Recognition Agreement– NGSU sole TU for collective bargaining– Negotiable Items
• pay ranges; amount of money for distribution at pay review; hours in basic working week; holiday; location allowances; pension contributions and benefits; FPM bonus
– Dispute Process• ACAS• Binding Pendulum Arbitration
– Consultation• Mutually acceptable solutions
NGSU Regional Councils – Feb/Mar 2014
Terms and ConditionsTerms and Conditions
• New Employees– Introduce different terms
• Red-circling– London Allowances
• ‘Eventing’– An event that triggers a change of
contract type
NGSU Regional Councils – Feb/Mar 2014
Example ContractExample Contract
• Branch Network Contract
• 8to8 Contract
• Flexible Contract