Monday, September 23, 2019

Employment Law Essay Example | Topics and Well Written Essays - 3000 words - 7

Employment Law - Essay Example 38). The Agency Workers Regulations 2010 is founded on the principle of equal treatment to agency workers, in comparison to employees. The entitlement to equal treatment is restricted to fundamental employment and working conditions, like rest breaks and pay and not to protection from unfair dismissal and other such statutory rights (Agency Worker Regulations 2010 – a missed opportunity?, 2010). In order to advice Erica, the Human Resource Director of the Cranford Computers Ltd, with regard to Shirley; the major issue to be considered is whether Shirley’s frequent absence from work, on health grounds, is permitted by the employment legislation. It is also to be examined, whether the Cranford Computers Ltd, is in breach of the provisions of the Health and Safety at Work etc. Act 1974. As an employee of Cranford Computers Ltd, for 2 years, Shirley is entitled to rights under the Employment Rights Act 1996. The time off rights of the Employment Protection Act 1975 (Employment Protection Act , 1975) were incorporated in the Employment Rights Act 1996. Some of these grant employees paid time off, whilst others permit unpaid time off. Section 50(4) of the Employment Rights Act 1996, specifies that the duration of time off and related conditions to be reasonable (Employment Rights Act , 1996). In our problem, Julie, who was one of Shirley’s colleagues covering her absences, had protested at having to shoulder Shirley’s duties frequently. Julie had also demanded additional remuneration for this work, entailing additional costs for the employer. Whilst taking decisions in respect of Shirley’s absence, these factors have to be taken into consideration by Cranford Computers Ltd. With regard to Julie, there is no legal entitlement for working overtime. Furthermore, there is no specification regarding overtime pay and the only requirement is that the average pay should not be less than the National Minimum Wage. However, no worker

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