Solution
Task One – Written Report
Section 1
AC 2.1: Principles of discrimination law in recruitment, selection and employment
Recruitment
In UK, the Equality Act 2010 is use in governing how recruitment is pursued to avoid discrimination (Citizensadvice.org.UK, 2022). For instance, according to section 60 of the Equality Act 2010, it is against the law rejecting job applications without offering a chance to show that you possess the skills of doing the job (Equality Human Rights, 2022). By prioritising on the skills rather than the individual characteristics, objectivity criteria of recruitment is noted to have been adopted. To evidence the rationale of embracing objectivity in recruitment, the Government Legal Service V Brookes (EAT) case law can be considered. In this case law, the recruiting organisation had failed in making reasonable adjustments to a disabled employee. The outcome of this was passing the case in the Employment Tribunal where a decision was made on the need of enhancing objective recruitment. There are however instances where discrimination in recruitment can be allowed. As evidenced in Citizensadvice.org.UK (2022) when objective justification of discrimination is provided, it is not unlawful under the Equality Act 2010. For instance, if an organisation recruitment process require employees to have at least 10 years of experience, women who could fail to meet this requirement could feel indirectly discriminated since they could have spent considerable time caring for their children.
Selection
Further, Equality Act 2010, the process followed for interviewing and the overall process ought to have zero discrimination. According to Ons.gov.uk (2023), this is pursued by noting on employee fit level in line with job descriptions/specifications increasing likelihood for being considered. In the process of selection, there should be no blind CVs or unfair scoring matrix.
Employment
In employment, Equality Act 2010 note that in the employment phase, discrimination of the staff should not be evident. This is while being compliant with entire tribunal demands. For example, an employee verbally provided with a job opportunity in an interview process should not be withdrawn. There should not be any type of engagement with referees on job appropriateness evident.
AC 2.2: The legal requirements of equal pay
Adopting the definition in ACAS (2022) equal pay represent a situation where men and women ought to be offered with equal pay for doing equal work. This is a work which equal pay law classes as the same, similar, equivalent or of equal value. To achieve equal pay, an organisation should not pay an employee less compared to another person who is of opposite gender and doing equal work. This is covered in the Equality Act 2010 and Equality and Human Rights Commission (EHRC) statutory code of practice on equal pay. In society, equal or Equality can be termed as a facet which offers human beings, even from different origins and ethnicities, similar or equivalent treatment and guides them in improving their lives and life expectancies (Equalityhumanrights.com, 2023).
Statutory code of practice on equal pay, it can be stated that Men and Women must offer equal pay and allowances across workplaces (Equalityhumanrights.com, 2023). The key features of equal pay are applied to contractual terms and conditions: basic pay, performance-related benefits, non-discretionary bonuses, overtime rates and allowances, severance and redundancy pay, benefits under pension schemes, and sick pay and access to pension schemes.
The Equality Act 2010 gives women and men to receive equal pay for equal work unless the difference can be justified (Legislation.gov.uk, 2010). The gender pay gap is a major issue in UK workplaces, which means different average pay among men and women.
In this context, through acknowledging a case study of BBC news, it has been found that despite being recognized as a well-reputed entity, the Men workers at BBC enjoy an additional 9.3% off grade pay that the employer has offered to the female companions (Croneri.co.uk). On the contrary, through acknowledging statistics from ONS, it has been found that among full-tune employees, the Gender pay gap was 8.3% in 2022, where the gap was 7.7%, exactly the same time interval in the previous year and 9% during the year of global pandemic 2019 (Ons.gov.uk, 2023).If True Health receives an equal pay claim, the HR managers can defend themselves by referring it to Performance-related benefits. As an example, if the organizations have a similar pay claim from a female employee with the reference of a male employee who is being paid more for the same job position, the HR manager can defend the claim by referring to the higher pay. Fair pay does not mean equal pay. It means if an employee has more efficiency and work experience has more liability to get paid than other employees. This kind of differentiated pay can refer to performance-related pay.
Section 2
AC 4.1: Major statutory rights workers have concerning pay
The statutory rights to employees in areas of pay has been improved to include 1 day in line with the 2020 Act after commencing their employment. The considerations include payment above the national minimum wage and an itemised payslip from the first day. The different legislations such as Equal Pay Act 1970, Equality Act 1970 have all been repealed with Equality Act 2010 consolidating all the legislations. The payslip should involve Basic salary, Dearness Allowance, Housing rent allowances, Professional taxes, special allowances, leave travel allowances, medical allowances, conveyance allowances, tax deducted at source and EPFs (Employee’s provident funds). Legislation.Go.UK (2021a) which identify the National Minimum Wage 1998 which note the minimum pay per hour majority of workers of under 23 years are entitled to by law (Pearce, 2018). Also, the National Living Wage 2022 (GOV.UK, 2021b) which identify the minimum wage rates as increasing on 1st April where the pay per hour of employees of age 23 years is set by law. For instance, in April 2022, the minimum wage was set to include £4.81 which is a 4.1% increase for 16-17 year olds, £6.83 representing 4.1% increase for 18-20 years old and £9.18 representing 9.8% increase for employees aged 21-22 years.
Right of itemized pay slip starting from their first day– In the UK, employees should be given a payslip to employees from the first day of their employment. This is considerable for all employment contracts except casual ones. According to Section 8 of the Employment Rights Act 1996, at the start of employment, employers have to give payment of wages or salary as the itemized pay statement (payslip) (Legislation.gov.uk, 1996). This provision makes employees aware of the number of work hours, before and after deductions, and the number of deductions that may change. With this provision, employers have to clear employees about the fixed wage, salary, and amount to be deducted for capability. The Equal PayAct of 1970 forced organizations to maintain transparency in payslips regarding employment terms and conditions. In UK, the payslip legislation is as addressed by the Payment of Wages Act 1991. This law was further amended in February 2018 to be incorporated in the Employment Rights Act 1996 (itemised pay statement (amendment). In this amendment, it was stated that employers are required to offer insights on the amount of wages or salary varying by referencing on time worked, the total number of hours worked in respect of variable amount of wages or salary as a single aggregate figure or a separate figures for different types of work or different rates of pay. As evidenced in ACAS (2022), the employees leverage on the right to a payslip and entail what need to be included in the payslip. More critically, the payslip is a written statement from the employer evidencing what is earned before taxation and other deductions.
Statutory maternity pay (SMP), Statutory Adoption Pay (SAP), Statutory Paternity Pay (SSP), Statutory shared parental pay (ShPP), Statutory Parental Bereavement Pay (SSBP) and the Statutory Sick Pay (SSP)- As evidenced in Gov.UK (2013), these are reviewed every April of a year. As evidenced in April 2022 release, these would be increased from £151.97 to £156.66 or 90% of the employees every week earnings when the amount is less than a statutory rate. Further, for the MA, this would increase from £151.97 to £156.66.
AC 4.2: Major statutory rights in leave and working time
Employees in the UK have the right to paid public holidays and leaves, including sick leave, casual leave, privilege leaves, and other leaves. Working hours mean the period during which an employee is available for work (Messenger, 2018). Based on the working hour policies and legislations, statutorily rights of leave and Working time are considered. Working hours & time off work give employees basic rights and protections relating to working time. True Health should consider the following statutory rights concerning leave and Working time.
A right to 28 days paid leaves in a year– A full-time worker in the UK has the right to 28 days’ holiday if they worked for 5 weeks straight, which is equivalent to 5.6 weeks of leaves in a year. With the Working Time Regulations 1998 (UK) provision, permanent employees should be given 5.6 weeks of leaves, including bank holidays (Legislation.gov.uk, 1998). However, employees who work irregular hours are entitled to paid time off for every hour they work.Paid annual leave is a legal right that an employer must provide. Based on the Working Time regulation 1998, Workers have the right to take rests at certain intervals during the Working period (Acas.org.uk, 2023). These have enabled them to avoid fatigue and improve their concentration levels to deliver results with the most adequate outcomes.
A right to 11 hours of rest a day– Employers have the right to take 11 hours of breaks in a day, before and after working hours. For instance, an employee who finished his work at 9 pm on Tuesday must start on Wednesday, at 8 am. According to the Working Time Regulations 1998, an uninterrupted 11 hours of rest is the statutory right of employees (Legislation.gov.uk, 1998). Hence, employers should design the working hours according to the statutory rights of uninterrupted 11 hours breaks. True Health’s working hours and shifts should consider 11 at the broken protocol.
A right to work not more than 48 hours in a week– Average working hours are calculated over 17 weeks, and workers can work for work more than 48 hours if the average working hours are less than 48 hours. According to Working Time Regulations 1998 (UK), workers in the UK should not have to work more than an average of 48 hours a week (Legislation.gov.uk, 1998). The only way to work more than 48 hours in a week is if employees sign an agreement to opt out of the maximum weekly working time limit.
Shift works-These types of rests must only entitle to a part number of rests for working weeks or days.
Rest during working Weeks-Workersare entitled to have a minimum of rest depending on how long they have worked. For instance, in 7 days period, at least 24 hours of rest. In 14 days, at least 48 hours of rest, whereas employees can take 1 block of 48 hours or 2 blocks of 24 hours of rest as per their preferences (Acas.org.uk, 2023).
Rest between working days-Employees and workers need at least 11 hours of uninterrupted rest between finishing work and starting work the next day.
AC 4.3: Main principles of maternity, paternity, and adoption rights in the context of employment rights
Statutory maternity, paternity and adoption rights in the UK apply before and after birth and adoption. Paternity and Adoption Leave Regulations 2002, Employment Rights Act 1996, and Employment Protection Act 1975 are related to statutory maternity, paternity and adoption rights.
Statutory right of 52 weeks maternity leave– In the UK, employees are eligible to take maternity leave if they have worked for at least 26 weeks. Based on the UK maternity pay and leave policy, the SMP is paid for 39 weeks to all employees, whereas the pay is equivalent to 90% of average earnings for the first 6 weeks before the tax. On the other hand, 156.66 British Pounds, equivalent to 90% of average weekly earnings for the last 33 weeks (Gov.uk, 2023).According to Employment Rights Act 1996, all pregnant employees are entitled to 12 months of maternity leave in the UK, which is relevant to 52 weeks of maternity leave (Legislation.gov.uk, 1996).
Statutory right for paternity leave and pay-Statutory Paternity Pay is applied with £156.66 per week of payment, or 90% of their average pay. Employee’s paternity leave and pay are calculated with maternity and paternity calculator. According to the Children and Families Act 2014 (UK), employees who worked for 26 weeks straight have the right to statutory paternity leave and pay during the paternity leave period (Legislation.gov.uk, 2014). In this context, through acknowledging the paternity leave and pay policy, a male employee should re-join to serve his responsibilities after 56 days of the newborn (Gov.uk, 2023). In addition, as per regulation, the employee must provide a notice to the employer if the staff needs to change or alter the starting date 28 days in advance. As evidenced in the UK legislations, the employees have the freedom of selecting to either take 1 week or 2 consecutive weeks leave. The time is the same irrespective of whether they have more than one child such as twins. The start date of the leave can either be during the actual date of birth of the child, agreed number of days after the birth, and agreed number of days after the expected week of childbirth. For the eligible employees, their statutory paternity pay is approximately £156.66 weekly or 90% of average weekly earnings (whichever is lower). Taxation and National Insurance Cover is supposed to be deducted (Messenger, 2018).
Statutory right to return work– Employees in the UK who have been away 26 weeks or less are eligible to return to work. According to the Employment Protection Act 1975, full-time workers have the right to return to the same job after maternity and paternity leave (Legislation.gov.uk, 1975). Employers in True Health should include terms and conditions related to this act and follow this to avoid legal complications.
“Adoption or shared parental leave & Pay”
On the contrary, shared parental leave is considered a term which enables employees to end or abolish their maternity leave or pay within the first year of the newborn (Maternityaction.org.uk, 2023). This enables one parent to work a full-time job and another to acquire maternal leave and payables.
“Right to Parental Bereavement Leave and Pay.”
Apart from other beneficiaries and allowances, it has been found that parental bereavement leave & pay are also considered among other rightful policies which are affiliated with the death of a newborn or if the child passed away within 18 to 24 weeks of pregnancy (Nidirect.gov.uk, 2023).
“Neonatal Leave and Pay”
Following an article by Arnautovic and Dammann (2022), Sturrart C Mcdonald introduced a bill to offer additional leave and pay employees accountable for childcare and receiving neonatal care services.
AC 4.4: Other employment rights relating to Flexible Working
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