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Pay Working Time And Conditions Notes

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Pay, Working Time and Conditions Basic Reading Collins, Ewing & McColgan, Labour Law, Chapter 3.9, 4:

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Britain has a particularly strong long-hours culture for full time work, which has several negative effects: (1) Men often miss out on family life; (2) Part time jobs have very short hours and therefore are v badly paid and attract low status; (3) one partner (usually the woman) has to do all the caring, meaning she can only engage in the short-hours part time work and cant really get into a long term career as a result. (4) crap pension for part tiem workers. (5) Surely another is lower productivity that occurs in long hours economies and (6) spreading hours between full and part-time work can reduce unemployment, as done successfully by Mitterand in France, even if 35 hours is too far

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Half of all female workers are in part-time jobs. Hence EOC said in 1999 that the threshold for entry into NI system and state pension should be low enough to include vast majority of part time and low-paid workers.

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The Part Time Work Directive 96/34/EC prohibiting discrimination against part time workers in employment (not social security) matters, requires employers to: 'give consideration to requests to transfer into part-time work and vice versa; to provide info to workers' representatives about opportunities for transfer into part time work; to facilitate development of part time work across the enterprise and facilitate vocational training to part time workers. MSs also asked to review and, where appropriate, eliminate legal and administrative barriers to part time work subject to principle of non-discrimination and the rule that the directive's implementation shall not be grounds for a general reduction in the protection of part time workers. The part-time workers regulation in 2000 that consolidated previous directives on this subject prevented discrimination in terms of the clauses of the contract or being subjected to other detriments, provided there was no objective justification. HOWEVER there has to be an actual comparator! This comparator is under same type of contract, engaged in broadly similar work (considering experience, qualifications etc), working at same establishment. This is narrower than comparator under Equal Pay Act 1970 (EPA) who merely needs to be engaged in broadly the same work/work of equal value/work the employer has accepted as equivalent. Govt's own survey estimates that only 7% part time workers would actually benefit from these regulations.

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S.99 ERA 1996 says an employee shall be regarded as unfairly dismissed if sacked due to a proscribed reason. This list is supplemented by Maternity and Paternity Leave Regulations 1999 (reg.20(3)), so as to include pregnancy: giving birth, using ordinary maternity leave rights, taking/seeking to take additional pregnancy leave, failure to return after maternity leave where the employer hadn't notified her of the date on which the period would end and she reasonably believed the period had not ended OR employer gave her less than 28 days notice of the date on which the period would end and and it was not reasonably practicable for her to return on this date. BUT doesn't apply where employer only employs 5 people before end of the period and it isn't reasonably practical for employer to take her back.

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Under Employment Relations Act 1999 all women are now entitled to 26 weeks minimum. There are now rights for adoptive parents (only one of the parents) lasting 26 weeks. Paternity leave (s.80A,B) lasts 14 days at same rate of statutory maternity pay. Parental leave is critical to allow a person to combine childbearing with work, but does not solve the fundamental question of work/life balance. Employees are entitled to some emergency leave S.80F ERA gives the right to request flexible working which must be given consideration at a meeting between employee and employer, but can be rejected on grounds of cost, ability to meet demand, inability to reorganise work among existing staff, inability to recruit additional staff needed, impact on quality/performance, or planned structural changes. If incorrect procedure is followed/employer based his decision on incorrect facts, EAT may award employee 8 weeks pay at mx of PS270 per week. DTI studies show that 80% of those making such requests have been granted them. Minimum Wage shouldn't be seen in isolation- we need to think about minimum income, taking into account social security benefits, tax credits etc. NMW Act 1998 applies to someone who worke or ordinarily works in the UK under his contract. NB Members of armed forces are exempted under s.37 and prisoners under ss.43-45. s.54(3)(b) defines worker broadly, including some apprentices, agency workers, homeworkers. Much of the detail comes from the NMW Regulations 1999. Workers can claim any shortfall between min wage and what they were actually paid either as a contractual claim or under s.13 ERA 1996 (as an unauthorised education). Burden is on employer to show that P did not qualify for minimum wage. Reg 38 requires employer to keep adequate records in respect of min wage pay and under s.10any worker can inspect these documents if they reasonably believe they have been paid less than minimum wage, and can choose to be accompanied by a person he/she thinks fit. Failure to permit inspection can lead to a maximum award of 80 times minimum hourly wage then in force. NB Inland Revenue can also enforce NMWA. In 1999 CAB did a study of clients with minimum wage complaints: 58% complained that their employers simply refused to pay minimum wage, 10% had been dismissed by employers to avoid paying minimum wage, and 13% had been put on reduced hours. There have also been pay cuts to minimum wage levels, abolition of other benefits, reduction in holiday pay/entitlements, contrived self employed status etc. Labour introduced the Working Time Regulations 1998 nearly two years after the deadline for implementation of the working time directive. Agency workers are included as 'workers' for purpose of WTR 1998 in some cases (see reg 36). Question of whether being 'on call' constitutes working hours. Reg 20 contains provisions for individual opt outs. Reg 20 also removes application of working time rules for jobs whose specific characteristics prevent a real calculation of hours worked (e.g. someone flipping through paperwork on the train). Employers are obliged to keep records showing that the 48 hour week is being complied with (payroll records suffice). Enforcement is by HSE. Note how MW applies differently to different types of work: o 'Time-work' = work paid wholly by reference to time (or work paid on the basis of time and output), per reg 3. In determining the rate of pay the

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