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Flashcards in 7 Employment Law Deck (17):

What is employment law? (3)

1. Sets out a series of rules for employers / employees
2. Developed by Common Law in parliament
3. Informed by European directives on social policies and equally informs UK legislation


Where is employment law set out? (3)

1. Employment Rights Act 1996
2. Employment Act 2002
3. RIBA Employment Policy


Where are definitions or contract terms?

1. Section 1 of Employment Rights Act 1996
2. Must be written
3. Can be explicit and implied


What are explicit terms of a contract?

1. Written terms of an agreement


What are implied terms of an employment contract? (2)

1. Assumptions
2. By both the employer and the employee


What are some examples of implied terms of an employment contract? (6)

1. Not to disclose confidential information
2. Take reasonable skill and care
3. Show good faith
4. Employers duty to treat employers with care
5. Employers to maintain health and safety regulations
6. Uphold trust


What are explicit and implied terms supported by?

12 standards of ARB Architect's Code


What are model contracts of employment? (2)

1. RIBA provided model contracts for students
2. Definitions of expectation on employers on level of ability, learning, work experience requirements, study leave provisions


What are diversity and equality opportunities? (3)

1. Employers duty to ensure that diversity and equality is being met
2. RIBA Code of Professional Conduct GN 8 promotes diversity and equal opportunities
3. RIBA Diversity and Inclusion Policy into effect 1 Jan 16


What is the Equality Act 2010?

Defines the employers obligations to act equally with all employees


What is the Equal Pay Act 1970?

Defines that if a man and a woman are performing the same task then they are to be paid the same amount


What act regulates working hours and health and safety? (5)

1. Working Time Regulations 1998
2. Maximum 48 hours a week
3. Minimum of 11 hours rest between days
4. 20 mins break every 6 hours
5. 20 days annual leave a year


What are the requirements for flexible working hours? (3)

1. Came into affect on 30 Jan 2014
2. Employees can request flexible hours after 26 weeks or continuous service
3. Employers must have a sound business reason for rejecting any request


What are employers obligations under the RIBA Employment Policy on work hours? (3)

1. Employers must address any culture of long working hours (condition 2)
2. Employers responsibility to maintain balance and record working time
3. Employees obligation to recommend working method efficiencies and conditions


What are an employers obligations with regards to Health and Safety? (3)

1. To notice occurrences of stress related illness
2. Valid claims of stress only valid if it can be foreseeable by employer
3. Architectural firms have an obligation to provide Personal Protection Equipment on site


What are salary and employee benefits? (4)

1. Covered under Right to National Minimum Wage Act 1998
2. 1 Jan 16, RIBA registered practices are obligated to pay staff the national living wage
3. Employees are entitled to statutory sick pay but must report absense in writing
4, Nov 2015, staff must be provided with Pension Scheme after 3 months of employment if over 22 and earning more than £10k a year


How many hours are imposed per year by the RIBA for CPD?

35 hours