Covers statutory rights of employees in employment

1. Unit 201 Employment Right and Responsibilities in
the Energy and Utility Sector
7517 Certificate in the Principles of Sustainable
Resource Management Level 2
Portfolio of Evidence/completion of workbook

2. Aims and outcomes
Cover the topics of:
Employment Rights and Responsibilities
In-organisation policies and procedures
The waste and recycling industry and career opportunities
within the sector
The primary aim of this pack is to support learners successful
completion of the Technical Certificate assessment Unit in
Employment Rights and responsibilities.

4. Session Objectives
On completion of this session you should be able to:
Outline the basic detail of legislation relating to
employment law
Outline the key aims of employment legislation in
protecting the rights of employees at work
Describe the main aims of legislation providing
protection against discrimination at work.

5. Employment Legislation – Main Items
The following are the primary items of legislation relating
to employment:
 The Employment Rights Act 1996
 The Employment Relations Act 2004 (updated from
1999 Act)
 The Employment Act 2008

6. Employment Rights Act 1996
The primary aim of the Act are to provide basic employment
protection for workers. The main areas covered relate to:
 Wages rules
- Establishes minimum procedures for making wages payments
- Makes unauthorised wage deductions illegal
- Requires employer to make a ‘guaranteed payment’, even
when the employer cannot find work
- Establishes specific requirements for Sunday working
- Requires the employer to provide a statement of employment
(formally known as a contract of employment)

7. Employment Rights Act 1996 (continued)
 Time off work
Flexible working
Entitles employees to paid holiday leave from commencement of employment
Entitles employees to have time off that may be owed to personal needs such as
ante-natal care, training, or public duties.
Provides overarching guidance on the requirements for statutory maternity and
paternity leave
 Dismissal and redundancy
Lays down requirements that companies must adopt related to dismissal
procedures
Provides the right to receive fair compensation in relation to cases of unfair
dismissal from work
Provides the requirement for an employer to make payment in respect of
redundancy

8. Employment Rights Act 1996 (continued)
Dispute resolution
Lays down a requirement for a company to have
a fair disciplinary and grievance procedure
Provides the right for an employee to refer an
employment dispute related to employment,
dismissal etc. to an employment tribunal

9. Employment Relations Act 2004
Key points covered in this Act include:
• Trade union recognition (dependent on company size)
• Industrial action ballots – procedures that must be adopted by unions
• Unfair dismissal of strikers
• Flexible working
• Time off for dependants – caring arrangements for close relatives
• Employment tribunal awards – maximum levels, type of award
• The right to be accompanied in disciplinary and grievance hearings
• Part-time work – equality with full time work in terms of pay, work
conditions, holidays etc.

10. Employment Act 2008
Key points covered include:
• Resolving Disputes in the workplace
• National minimum wage and employment agency
standards enforcement
• Voluntary workers
• Trade union membership

11. Equal Pay Act
The Act establishes requirements for equal
pay for both men and women in the same
establishment.
The method of determining whether pay is
equal is based on a review of job content,
not the job title or name.

12. Data Protection Act
The Act lays down requirements related to keeping data about
individuals, including workers, on company files.
The Act requires companies keeping certain types of data to be
registered with the Information Commissioner’s Office.
The Act lays down key requirements of storing data. It establishes an 8-
point rule requiring that personal information should be:
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate
- Not kept longer than necessary
- Processed in accordance with your rights
- Kept secure
- Not transferred abroad without adequate protection

13. National Minimum Wage Act
The Act DOES apply to:
Full-time workers
Part-time workers
Casual labourers
Agency workers
Piece workers, including
homeworkers
The Act DOES NOT apply to:
The genuinely self-employed
Voluntary workers
Workers who are based
permanently outside the UK
Apprentices under 19 years of
age
Apprentices over 19 years of
age in their first year of training

14. National Minimum Wage Act (continued)
Act became law in 1999
Payment based on recommendations of the Low Pay
Commission
Four rates of pay that may be applicable:
 The main NMW rate applies to workers aged 21 and over
 The NMW development rate applies to 18- to 20-year-olds
 The third NMW rate applies to under 18 year olds
 Apprentices who are 16-18 or 19 or over in their first year

15. In your designated groups, research, discuss and answer the following questions.
1 What are the two main reasons that an employer may
consider making an employee redundant?
2 What is the primary piece of legislation that requires an
employer to provide a Statement of Employment Terms &
Conditions?
3 If you have an in-company dispute with your employer, or
you feel you have been unfairly dismissed, what
arrangements are in place to establish that your case has
been handled fairly by your employer? To whom should you
refer the matter?
Employment Rights and Responsibilities
Legislation (Part 1)
Recommended sources of reference:
ACAS website – www.acas.gov.uk
National archives - Legislation.gov.uk
Google search – www.google.co.uk

16. Answers
1 What are the two main reasons that an employer may
consider making an employee redundant?
• The company ceases, or intends to cease trading
• The requirements of the business for the employee to carry
out the work has ceased or diminished
2 What is the primary piece of legislation requiring an
employer to provide a Statement of Employment Terms &
Conditions?
Employment Rights Act 1996

17. • If you have an in-company dispute with your employer, or you
feel you have been unfairly dismissed, what arrangements are in
place to establish that your case has been handled fairly by your
employer? To whom should you refer the matter?
• The matter could be referred to conciliation through an
organisation such as ACAS who mediate between both parties
• The matter could be referred independently to an Employment
Tribunal who will independently review the claim
• Industrial tribunals should be referred to the tribunal services –
www.employmenttribunals.gov.uk
Answers (continued)

18. Equality Act 2010
Replaces:
most of Disability Discrimination Act (DDA)
Race Relations Act
Sex Discrimination Act
Employment Equality Act (Religion & Belief, Sexual
orientation, Age)

19. What do we mean by Equality?
Everyone having the same chance
Treating people fairly
Equal opportunity to apply for jobs, promotion etc
Reducing obstacles or barriers to services
Creating environment that encourage inclusivity

20. What do we mean by diversity?
Mix of different kinds of people
Age
Sex
Race
Disability
Religion
Welcoming, embracing and encouraging the differences
between individuals
Concerned with inclusion, dignity and respecting difference

21. Equality & Diversity
Everyone has certain legal rights regardless of:
Age
Sex
Disability
Race
Religion or belief
Sexual orientation
Gender reassignment
Marriage/civil partnership
Pregnancy and maternity

22. Equality & Diversity Policy
Each organisation should promote equality and value diversity
by treating people fairly and give everyone with the right skills
the same chances to compete for jobs or promotion.
Access to training
Equal opportunity in applying for posts
Encourage a diversity of the population to apply for roles
Question
Why do you think using a clearly published E & D Policy
can support the success of a business?

23. It makes good sense
Shows a commitment to promoting Equality & Diversity
Good advert for the organisation for
Employees & potential employees
Stakeholders & customers
Attract a wide range of people
Benefits staff, clients and customers
Demonstrates a commitment to employees with aims
and goals, lines of responsibility on reporting
discrimination and grievances.

25. Session Objectives
On completion of this session you should be able to:
Outline the purpose of the statement of employment
and supporting handbooks
Outline the range of procedures contained in the
statement of employment and the typical employment
arrangements that must be put in place by companies
to comply with employment law requirements.

26. Statements of Employment
• A statement of employment must be provided to an employee within two
months of starting work if the employment lasts for longer than one month.
• A statement of employment must include:
– the name of your employer and your name
– the date your employment started
– your job title and a summary of your duties
– the period of employment, stating whether it is a permanent position
– the place of work
– how much you will be paid, how often, and the method of payment; it should also include
information such as travel allowances and any deductions from pay
– hours of work
– holiday entitlement
– procedures for dealing with absence from work through illness, or for other reasons, and how
to notify the employer if absent
– details of pension scheme if applicable
– details of how to terminate employment (for example, length of notice required by both you
and your employer)
– disciplinary rules and procedures (these are usually contained in a separate document such as
a staff handbook)
– grievance procedures (which again could be contained in a staff handbook)

27. Entitlement to Paid Leave
 Entitlement to paid holiday leave starts from the commencement of a job.
 The entitlement is 5.6 weeks (28 days) for someone working a 5 day week (12.07%)
 Compressed or casual work may be calculated differently
 Your employer may include public holidays as part of the annual leave entitlement
and may set the times when you take holidays, such as during the Christmas
shutdown.
 If your employment ends and you have leave due, you have a right to be paid for the
leave time due and not taken.
 Time off work may also be permitted to carry out other duties, such as:
- Dealing with emergencies involving dependents (close family)
- Jury service
- Trade union duties.
These items are normally on an unpaid basis unless referred to otherwise in your
employment statement. Jury Service attracts an allowance from the Courts.

28. Working Hours
Legal requirements for working hours are laid down in the
Working Time Regulations.
Workers aged 18 or over cannot be forced to work for more
than 48 hours a week on average.
Most workers can agree in writing to work longer than the
48-hour limit. The agreement must be signed by the worker.
The worker can, with notice, then opt-out of this agreement
at a later date.
Young workers under age 18 are restricted to a maximum
working week of 40 hours, and each working day must be no
longer than 8 hours.

29. Termination of Employment
An employer must provide fair and reasonable grounds for
dismissal.
If you have been in employment for 12 months or more, then a
claim of unfair dismissal can be made to an employment
tribunal if the grounds are deemed to be unfair.
There are exceptions in relation to the 12 month period, for
example a case of unfair dismissal on the grounds of
discrimination can be brought at any time.
The notice period for a dismissal should be a minimum
according to the following:
- one week if employed between one month and two years
- an additional week’s notice for every continuous year of
employment between two and twelve years
- minimum twelve weeks notice if in continuous
employment for 12 years or more.

30. In-company employment policies
and procedures
1 What procedure should be used by a company to deal with
issues related to poor work performance?
2 Is it acceptable for an employer to just give you a letter
advising of your instant dismissal?
3 What is the minimum period of notice that must be
provided to an employee who has 8 years of service with a
company?
Recommended sources of reference:
Direct.gov.uk
ACAS website – www.acas.gov.uk
Google search – www.google.co.uk

31. 1 What procedure should be used by a company to deal
with issues related to poor work performance?
The disciplinary procedure
2 Is it acceptable for an employer to just give you a letter
advising of your instant dismissal?
No.
● A letter must be provided stating that the disciplinary action under the disciplinary
procedure is taking place, including the grounds for the disciplinary action.
● A hearing must be arranged at which the employee has the right to be accompanied by
a fellow colleague or trade union official in order that they can state their case against
the claims that have been made.
● A decision on any action under the disciplinary procedure is then forwarded to the
employee, and a right of appeal must also be provided.
Activity – Answers

32. 3What is the minimum period of notice that must be
provided to an employee who has 8 years of service with
a company?
Answer: One week for the first 2 years of service plus
an additional week for the remaining years of service over
two years comes to a total of 7 weeks notice
Activity – Answers (continued)

33. Wages
 An employer is required by law to provide an itemised payslip showing the
following:
- the gross wages earned before deductions
- the amounts of and reasons for any deductions, for example national
insurance
- the net or ‘take home’ pay.
 An employer is legally required to keep records of the payments made, including
any deductions.
 The rate of pay in smaller companies is often negotiated between employer and
employee. The minimum rate of pay must be in line with the National Minimum
Wage.
 In larger companies, pay rates and working conditions may be determined
collectively between an employer and a trade union.

34. Sick Pay
Procedures for reporting in sick are normally laid out in the
statement of employment or staff handbook.
In most cases you will be required to submit a self certificate
of sickness for periods of up to 7 days.
Sickness periods over 7 days normally require a medical
certificate provided by a GP.
Your employer will expect you to notify him/her of your
inability to work due to sickness as soon as possible and to
keep them updated on progress if the sickness period becomes
longer term.
If you are off sick for 4 consecutive days or more (assuming a
doctor’s certificate is provided) you are entitled to Statutory
Sick Pay (SSP).
SSP is paid by the employer in the same way that wages are
paid.

35. Redundancy
Employees employed over two years have the right to a
lump-sum 'redundancy payment' if they are dismissed
because of redundancy.
The amount of redundancy pay is related to the
employee's age, length of continuous service with the
employer and weekly pay up to a maximum.
The employer must provide a written statement
showing how the payment has been calculated, at or
before the time it is paid.

36. Redundancy
You are not entitled to a statutory redundancy
payment if your employer either:
offers to keep you on
offers you suitable alternative work which you refuse
without good reason
If you leave your job for a new one before the end of
your notice period, your statutory payment might also
be affected.

37. Redundancy
If your employer has selected you for redundancy you
must be given a notice period before your employment
ends. The statutory redundancy notice periods are:
at least one week’s notice if you have been employed
between one month and two years
one week’s notice for each year if employed between
two and 12 years
12 weeks’ notice if employed for 12 years or more
However, you should also check your contract of
employment because your employer could have set out
longer notice periods.

38. Maternity/Pregnancy
Pregnant employees have four key rights:
paid time off for antenatal care
maternity leave
maternity pay benefits
protection against unfair treatment or dismissal
Employers also have certain obligations to ensure the
health and safety of pregnant employees

39. Fathers-to-be
Fathers do not have a legal right to time off to accompany
their partners to antenatal appointments as the right to
paid time off only applies to pregnant employees.
However, many companies recognise how important a
time this is and let their employees either take paid time
off or make up the time later.

40. Maternity Leave
All pregnant employees are entitled to paid time off for
antenatal care.
All pregnant employees are entitled to 52 weeks of
maternity leave – 26 weeks of Ordinary Maternity Leave and
26 weeks of Additional Maternity Leave.
Pregnant employees who meet qualifying conditions based
on their length of service and average earnings are entitled
to up to 39 weeks of Statutory Maternity Pay (SMP).
Women who are not entitled to SMP but meet qualifying
conditions based on their recent employment and earnings
may claim up to 39 weeks of Maternity Allowance, paid
directly by Jobcentre Plus.

41. Maternity Leave (continued)
Employers may make reasonable contact with a woman on
maternity leave for a number of reasons, such as to discuss
arrangements for her return to work.
Employees may take up to ten ‘Keeping in Touch Days’ during
their maternity leave by agreement with the employer, which
allows them work under their contract of employment.
Employees who wish to return to work either earlier or later than
agreed with the employer should provide eight weeks’ notice,
unless the employer agrees to less notice being given.
Employees normally have a right to return to the same job after
maternity leave.

42. Paternity Leave
Employees must satisfy the following conditions in order to qualify
for paternity leave. They must:
- have or expect to have responsibility for the child’s
upbringing
- be the biological father of the child or the mother’s
husband or partner
- have worked continuously for their employer for 26 weeks
ending with the 15th week before the baby is due.
Employers can ask their employees to provide a self-certificate.
Eligible employees can choose to take either one week or two
consecutive weeks of paternity leave (not odd days).
Only one period of leave is available to employees regardless of
whether more than one child is born as the result of the same
pregnancy.
Additional paternity leave and pay may also be available

43. Paternity Leave (continued)
Paternity leave can start:
- from the date of the child’s birth, whether this is earlier or later
than expected
- from a chosen number of days or weeks after the date of the
child’s birth (whether this is earlier or later than expected), or
- from a chosen date later than the first day of the week in
which the baby is expected to be born. Leave can start on any day
of the week on or following the child’s birth but must be completed in
two weeks. Other conditions may apply.
During their paternity leave, most employees are entitled to Statutory
Paternity Pay (SPP) from their employers.
Statutory Paternity Pay is paid by employers for either one or two
consecutive weeks as the employee has chosen.

44. Pensions
Any occupational pension provision eligible to you will
be laid down in your statement of employment.
If a company scheme is not available to you, then
- State pension arrangements apply
- As a minimum, organisations employing five or
more people are obliged to offer access to a
stakeholder pension scheme if they do not already
offer pension provision.

45. In-company employment policies and
procedures (Part 2)
1 An employer provides your wages in cash every week with no
supporting paperwork. Is this acceptable?
2 What are the qualifying requirements for Maternity Allowance
from the Benefits Agency for maternity leave associated with
recent employment?
Recommended sources of reference:
 ACAS website – www.acas.gov.uk
 UNITE (union website) – www.amicustheunion.org.uk
 Direct.gov.uk
 Google search – www.google.co.uk

46. Answers
1 An employer provides your wages in cash every week with no
supporting paperwork. Is this acceptable?
No. Employment legislation requires that an itemised payslip is
provided detailing any deductions made.
2 What are the qualifying requirements for Maternity Allowance
from the Benefits Agency for maternity leave associated with
recent employment?
Employment or self-employment for 26 weeks out of the 66 weeks
before the expected week of childbirth and average weekly earnings
of at least £30

48. Within your place of work there may be potential safety
hazards and risks that could cause an accident, injury,
damage, for which you may be liable.
Hazards and risks could be connected to:
 Machinery and equipment
 Unsafe working
 Breakages and spillages
 Environmental factors

49. Health and safety at work act 1974
What you need to know
All workers have a right to work in places where risks to
their health and safety are properly controlled. Health
and safety is about stopping you getting hurt at work or
ill through work. Your employer is responsible for health
and safety, but you must help.

50. Health and safety at work act 1974
By 2014
50

51. Health and safety at work act 1974
What employers must do for you
 Decide what could harm you in your job and the
precautions to stop it. This is part of risk assessment.
In a way you can understand, explain how risks will be
controlled and tell you who is responsible for this.
 Consult and work with you and your health and safety
representatives in protecting everyone from harm in the
workplace.
Free of charge, give you the health and safety training you
need to do your job.
Free of charge, provide you with any equipment and
protective clothing you need, and ensure it is properly
looked after.

52. Health and safety at work act 1974
What you must do as an employee
Follow the training you have received when using any
work items your employer has given you.
Take reasonable care of your own and other people’s
health and safety.
 Co-operate with your employer on health and safety.
Tell someone (your employer, supervisor, or health and
safety representative) if you think the work or
inadequate precautions are putting anyone’s health and
safety at serious risk.

54. Identify representative bodies for the industry
 Sector Skills Council
 Regulatory bodies
 industry specific organisations
 career options within the industry
Session Objectives

55. Sector Skills councils (SSC’s)
Formerly known as National Training Organisations
independent, employer-led, UK–wide organisations
SSCs and the UK Commission are committed to working
in partnership across the four nations to create the
conditions for increased employer investment in skills
which will drive enterprise and create jobs and
sustainable economic growth
They share a belief that the sectoral approach is the
most effective way to do this
25 SSCs covering over 90% of the economy

56. Energy & Utility Skills (EU Skills) is the Sector Skills
Council (SSC) for:
Gas
Power
Waste management
Water industries
Employer-led, their purpose is to ensure that our industry
has the skills they need now and in the future

57. Core activities within the industry are:
Waste collection and transport
Transfer stations and household waste and recycling
centres
Energy from waste (including thermal recovery
processes and anaerobic digestion)
Recycling, processing and specialist operations
Landfill

58. ciwm.co.uk
The Chartered Institution of Wastes Management
(CIWM), is the professional body which represents waste
professionals working in the sustainable waste and
resource management sectors worldwide

59. wrap.org.uk
Waste and Resources Action Programme
Priorities:
To help the UK Governments to meet their national and
international commitments and build the green economy;
and
to support resource efficiency in the UK so that
householders, businesses and the public sector save money
and make better use of resources.

60. wrap.org.uk
WRAP has been instrumental in:
helping the UK recycling and reprocessing sector to
quadruple in size between 2000 and 2008;
diverting 670,000 tonnes of food from landfill, saving
consumers over £600 million a year;
stopping the growth in household packaging waste; and
developing a world-first technology for the closed-loop
recycling of plastic bottles, which has led to the creation
of a new market for recycled plastics in the UK.

61. Larac.org.uk
Local Authority Recycling Advisory
Committee
Represent local authorities on waste
and recycling issues
lobby key opinion formers and policy
makers

62. Defra
The Department for Environment, Food and Rural
Affairs (Defra) is a government department in the UK
Make policy and legislation, and work with others to
deliver our policies in - areas such as:
the natural environment, biodiversity, plants and
animals
sustainable development and the green economy
environmental protection and pollution control
rural communities and issues.

63. Career paths
 Waste Collection Driver/ Loader
 Recyclables Collection Driver/ Loader
 Weighbridge Operative
 Compost Operative
 Materials Recovery Facility (MRF)
Operative
 Household Waste Recycling Centres
(HWRCs) Operative
 Recycling Operative - Reception and
Segregation
 Processing or a Waste Electrical and
Electronic
Equipment (WEEE) processing pathway
 Manual/ Mechanical Street Cleanser
 Team Leader
 Recycling Collection Supervisor
 Refuse Collection Supervisor
 Transfer Station Supervisor
 Treatment (Physical/ Chemical/ Thermal)
Supervisor
 Biological Treatment Supervisor
 Materials Recovery Facility (MRF)
Supervisor
 Landfill Supervisor
 Sustainability Officer

64. Goals for next session
Employee Rights and Responsibilities
Complete workbook
Add evidence covering topics covered
Research organisations policies and procedures
Look at the Personal Learning and Thinking Skills logbook