If you need legal advice on any Employment Law issues, pleasecontact us here.
Legislation has had a very considerable impact on employment relationships in recent times and lays down a wealth of both rights and obligations on the part of employers and employees.
The principal pieces of legislation are as follows:
The Terms of Employment (Information) Act 1994 obliges employers to inform employees of the conditions that apply to their employment.
The Organisation of Working Time Act 1997 which deals with maximum weekly working time and rest breaks, holidays, public holidays and also places an obligation on employers to keep records of holidays and public holidays.
The Unfair Dismissals Acts 1977 - 1993 govern the termination of contracts of employment and sets out the procedures that must be followed in effecting the termination and also lays down the framework for the calculation of compensation for an unfair dismissal. The Acts also specify the procedures that must be followed in a redundancy and in selecting a particular employee for redundancy.
The Parental Leave Act 1998 and The Maternity Protection Act 1994 sets out the entitlements to parental leave and maternity leave and the maximum amount of leave that might be taken.
The Payment of Wages Act 1991 governs the payment of wages and the deductions that are permitted to be made by an employer. Complaints in relation to unlawful deductions are to be made to a rights commissioner.
The Employment Equality Act 1998 greatly added to the scope of equality legislation and prohibits both direct and indirect discrimination in relation to the following:
1. access to employment 2. conditions of employment 3. training or experience for or in relation to employment 4. promotion or regarding; or 5. classification
The discrimination outlawed by the legislation is on the following grounds:
1. Gender 2. Marital Status 3. Family Status 4. Sexual Orientation 5. Religion 6. Age 7. Disability 8. Race/Nationality/Ethnic or National Origins and 9. Membership of the Traveller community
The Act also provides that employers may be found vicariously liable for the discriminatory actions of an employee towards a fellow employee. There is now an obligation on employers to have a framework and grievance procedures in place to deal with instances of discrimination in the workplace.
The Safety, Health and Welfare At Work Act 1989 was enacted with the aim of preventing accidents by obliging employers to assess and address potential risks in their place of work and by establishing a regulatory body with enforcement powers and also imposes general duties of both employers and employees.
Whether you are an employer or employee, Doyle & Company will be more than happy to assist and advice you on your various obligations and entitlements under employment legislation.
If you need legal advice on any Employment Law issues, pleasecontact us here.
