Legal framework
Anyone who works for you, and is not genuinely self-employed, is either a worker or an employee.
Employees have a contract of service and are usually required to work a set or minimum number of hours per week.
A worker will also work under some form of contract (it doesn’t need to be written).
However, they have fewer employment rights than an employee, such as:
- protection against unfair dismissal
- time off for emergencies
They will usually have fewer obligations to their employer. For example, casual workers or agency staff can usually decline work offered to them.
Employment Relations Act 1999
The Employment Relations Act 1999 accords gives employees the right to be accompanied at any disciplinary or grievance hearing.
This could be done by a:
- work colleague
- trade union
- professional organisation representative
If the chosen companion is not available at the time proposed for the hearing or meeting, the employer must postpone to an alternative time suggested by the employee.
The alternative time must be:
- reasonable
- before the end of five working days after the day proposed by the employer
Employment Rights Act 1996
The Employment Rights Act 1996 places a duty on employers to provide written contracts to an employee within two months of commencing employment.
These must include details of any disciplinary and grievance policy or procedures which apply to the employee.
Data Protection Act 2018 and General Data Protection Regulations 2018
This is the UK’s third generation of data protection law.
This modernises data protection legislation to ensure it is effective in the years to come.
The General Data Protection Regulations (GDPR) forms part of the data protection regime in the UK.