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A more significant development for the employment relationship has been the enactment of employment protection legislation such as the ERA 1996, which confers statutory rights upon individual employees. These provide a basic framework of income protection and job security. The main categories of entitlement relate to minimum periods of notice prior to dismissal, maternity pay, lay-off pay within a guaranteed week and the provision by the employer of a written statement of the terms and conditions of employment. Legislation has also been introduced to provide protection against unfair dismissal (s.94 (1) ERA 1996) and to provide a payment on redundancy (s.136 (5) and s.174 ERA), and to outlaw discrimination upon grounds of sex or racial origin in the terms of hiring, the conditions of employment and at termination. These rights and obligations do not attract criminal sanctions; instead they are enforceable by individuals through actions for monetary awards of damages via a system of specialised tribunals, from which appeal may lie to the higher courts of the regular judicial system (Deakin, 1986). A tribunal may make an order of reinstatement or re-engagement following a finding of unfair dismissal, but the employer is entitled to resist the order which may lead to incurring a greater financial penalty.
Some of the key legislations which impact the employment in UK are also influenced by the EU legislations apart from UK's own laws. The fundamental legislations are based on:
Anti-discrimination 反歧视
EU Legislation 欧盟立法
Workplace discrimination 职场歧视
Directive 2000/78/EC (The European Employment Directive) establishes a general framework for equal treatment in employment and occupation, which forbids discrimination based on religion, belief, disability, age and sexual orientation. The principle of equal treatment means that there shall be no direct or indirect discrimination on any of the grounds outlined above. This also means that employers have to take appropriate measures to enable a person with a disability to participate in employment or to undergo training (LCCI, 2006).
Racial and ethnic discrimination 种族和种族歧视
The general principle of anti-discrimination is safeguarded at the EU level by Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (London Chamber of Commerce and Industry (LCCI), 2006). The Directive covers areas such as education, social protection (social security and healthcare), social advantages and access to and supply of goods and services and goes beyond access to employment and self-employment (see Directive 2000/78/EC). Under the Directive, all forms of direct or indirect discrimination on the grounds of race or ethnic origin are prohibited. Indirect discrimination may be in the form of less favourable treatment of the person or group of people concerned. Indirect discrimination can also happen in the form of an act that may appear to be neutral but is likely to have an unfavourable outcome for a person or a specific group of people (Sargeant & Lewis, 2006). The only possible exception here is when race or ethnic origin constitutes a fundamental professional requirement. The Directive does not cover discrimination based on nationality.
UK Legislation 英国立法
Parts of Directive 2000/78/EC are implemented in the UK by the Employment Equality (Sexual Orientation) Regulation 2003 and the Employment Equality (Religion or Belief) Regulation 2003 (Sargeant & Lewis, 2006). In 1995, the Disability Discrimination Act (DDA) was passed by the UK Parliament. New provisions have been added to the original DDA and came into effect on 1 October 2004. The Employment Equality (Age) Regulations 2006, dealing with age discrimination came into force on 1 October and 1 December 2006 (Sargeant & Lewis, 2006). Directive 2000/43/EC (The Race Directive) is implemented in the UK by The Race Relations Act 1976 (Amendment) Regulations 2003, amending the Race Relations Act of 1976 (Sargeant & Lewis, 2006).
Equal treatment of men and women in the workplace
EU Legislation
Equality between men and women in the workplace is guaranteed by three pieces of EU legislation:
The Equal Pay Directive
Directive 75/117/EC is based on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women. This Directive specifies that an employer is not allowed to pay persons doing the same work or work of equal value differently due to their sex (LCCI, 2006). A job qualification or evaluation is used to determine the pay, has to be designed in such a way that it does not discriminate between the two sexes.
The Equal Treatment Directive
Directive 76/207/EC is based on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and working conditions (LCCI, 2006). This Directive ensures equal access to all types and levels of vocational guidance and training and equal working conditions, including dismissal. A woman cannot be dismissed on grounds of pregnancy or maternity. However, the Directive does not apply to occupations where the sex of the employee is a determining factor.
The Equal Social Security Directive
Directive 86/378/EEC is based on the implementation of the principle of equal treatment for men and women in occupational social security schemes. This Directive applies to members of the working population including self-employed persons, persons whose activity is interrupted by illness, maternity, accident or involuntary unemployment and persons seeking employment and to retired and disabled workers (LCCI, 2006). The Directive does not apply to individual contracts, schemes having only one member and salaried workers.
UK Legislation
Directive 75/117/EEC (The Equal Pay Directive) has been implemented into UK law by the following acts and regulations:
The Equal Pay Act 1970
The Sex Discrimination Act 1975
The Equal Pay (Amendment) Regulations 1983
The Sex Discrimination Act 1986
Directive 76/207/EEC (The Equal Treatment Directive) has been implemented into UK Law by the Sex Discrimination Act 1975. Directive 86/378/EEC on equal treatment for men and women in occupational social security was first implemented in the UK as the Personal and Occupational Pension Schemes Regulations 1996, but after several amendments to the 1996 Regulations, the Directive is now part of the Occupational and Personal Pension Schemes Regulations 2005 (LCCI, 2006).
Working Time Regulations and employment contracts
EU Legislation:
There are three EU Directives that deal with the organisation of working time:
Working Time Directive
Directive 2003/88/EC consolidates the original Working Time Directive 93/104/EC and it's amending Directive 2000/34/EC. The Working Time Directive is intended to ensure that workers are protected against adverse effects on their health and safety that can be caused by excessively long working hours, inadequate rest or disruptive working patterns.
Fixed-term work
Directive 1999/70/EC aims to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination, and to prevent abuse arising from the use of successive fixed-term employment contracts.
Part-time work
Directive 97/81/EC states that in respect of employment conditions, part-time workers shall not be treated in a less favourable manner than comparable full-time workers solely because they work part-time, unless different treatment is justified on objective grounds.
Employment contracts
Directive 91/533/EEC is based on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship. The Directive establishes in particular that an employer has to provide employees with a written contract of employment, a letter of engagement or one or more other written documents (LCCI, 2006). Any change to the terms of the contract or employment relationship must be recorded in writing.
UK Legislation
The EU Working Time Directive is implemented in the UK by the Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2003. Smaller amendments to the Working Time Regulations 1998 were also made in 1999, 2001, 2002 and 2006 giving guidelines on compulsory rest breaks, paid annual leave etc. The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 have introduced new rights for employees on fixed term contracts such as being entitled to the same pay and benefits, sick and holiday entitlements as comparable to permanent employees (Sargeant & Lewis, 2006). The Part-time Workers Directive is implemented in the UK by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Sargeant & Lewis, 2006). Finally, the Employment Contracts Directive is implemented in the UK by the Employment Rights Act 1996.
Maternity rights
EU Legislation
Directive 92/85/EEC of 19 October 1992 concerns the implementation of measures to encourage improvements in the health and safety of pregnant workers, women workers who have recently given birth and women who are breast-feeding (LCCI, 2006). This Directive is an application of the Framework Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work in general. |
