01 Apr 2022
Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and sets out employees' rights at work.
The rules, regulations, guidelines, and good practice covered by employment law can, at least to the layperson, appear to be complex and tricky to navigate. That said, like any other legal framework, the underpinning principles are built upon ensuring that fairness, equality, and transparency is present.
Employment law covers a wide range of issues related to the working environment and workplace processes. The areas it covers include:
- Age discrimination
- Bullying and harassment
- Disability
- Discrimination
- Dismissal and employee grievances
- Employment agreements and contracts
- Health and safety
- Holiday pay
- Minimum wage
- Parental leave including maternity, paternity leave and parental rights
- Pay and conditions
- Recruitment
- Redundancy
- Whistleblowing
- Working hours
Although employment law exists to protect both employers and employees, in most cases, litigation and legal action in the workplace can be avoided if either fairness, equality and transparency is present from the outset or if both employee and employer work together to address any shortfalls when issues arise.
The hints and tips set out below are drawn from three examples of where NAEO members have encountered issues in the workplace and sought advice from the NAEO.
Contracted working hours
A contract of employment sets out the terms that both employer and employee must adhere to during the period of employment. This includes contracted hours, which is the minimum that an employee is expected to work and to be paid for.
Example issue
My employer expects me to work for more hours than is set out in my contract of employment.
This issue usually occurs due to one or more of the following factors:
- A poorly drafted, generic, vague, or unfit for purpose employment contract being in place
- A mismatch of expectations or lack of understanding of/appreciation for the scope of the role
- A breakdown in communications between the employer and employee
- Poor, or an absence of, line management
Hints and tips for resolving the issue
- Carefully read through your contract of employment and any other related documents which you have previously signed or agreed to abide by, so you know exactly what is and is not in place
- Pay particular attention to any wording relating to contracted hours within your contract, including expectations around working overtime, additional days and any associated notice periods and procedures in place for requesting these
- Arrange to meet with your line manager to discuss the nature of the issue and your preferred outcome/resolution
- If necessary, meet with the relevant manager/HR professional to explain the nature of your issue and, perhaps most importantly, present a clear plan for how you feel the issue should be resolved
- Ensure that any resulting amendments or variations made to your contract are clear, mutually agreeable and signed off by both parties
- Ensure that notes are kept of the meeting, so that a formal record exists, should anything be disputed or questioned afterwards
- Should the situation remain unresolved, then mediation can be used. Mediation involves an independent, impartial person working with both sides to find a solution. The mediator can be someone from inside or outside of your organisation. Both sides will need to agree to mediation beforehand
- In the event that a satisfactory conclusion is still not reached, then a formal grievance will need to be raised. Your centre should have its own grievance policy/procedure. If it doesn’t, then please follow the link in the ‘Useful reading’ section below
- In the unlikely event of a resolution still not having been agreed, visit the ‘Legal Services’ page of the NAEO website, complete and submit the online form and a member of the NAEO’s Legal Team will be in touch to advise on next steps
Useful reading:
Salary
A contract of employment should clearly set out how much and how often an employee or worker will get paid, as well as the duties to be carried out and arrangements/expectations for if absent from work. The frequency and timing of pay reviews should also be set out and ideally include the criteria upon which the contracted salary was based – i.e. banding, equivalence or pay scale.
Example issue
A pay review has taken place at my centre and the salary for my post has been unfairly adversely impacted.
This issue usually occurs due to one or more of the following factors:
- A lack of understanding of/appreciation for the scope of the role
- A pay review system in use which is unfit for purpose
- Poor, or an absence of, line management
Hints and tips for resolving the issue
- Carefully read through your contract of employment and any other related documents which you have previously signed or agreed to abide by, so you know exactly what is and is not in place
- Pay particular attention to any wording within your contract that states by which criteria or on what basis the salary was based – i.e. pay points, pay spines, banding, equivalence etc. – and the mechanisms by which (and frequency of) pay reviews will be based
- Ensure that you read any policies or procedural documentation in place at your centre which should set out this information in detail
- Make sure that you understand how your role fits into the pay review framework so you can pre-empt any potential areas of likely misunderstanding or inequality when the evaluation process is reflected upon
- Gather as much information as you can about those with equivalent or comparable roles in your centre and beyond and evidence for the areas in which your post differs in the level of responsibility, scope of duties, and the skills, knowledge and experience required to carry out the post
- Arrange to meet with your line manager to discuss the nature of the issue and your preferred outcome/resolution
- If necessary, meet with the relevant manager/HR professional to explain the nature of your issue and, perhaps most importantly, present a clear plan for how you feel the issue should be resolved
- Ensure that any resulting amendments or variations made to your contract are clear, mutually agreeable and signed off by both parties
- Ensure that notes are kept of the meeting, so that a formal record exists, should anything be disputed or questioned afterwards
- Should the situation remain unresolved, then mediation can be used. Mediation involves an independent, impartial person working with both sides to find a solution. The mediator can be someone from inside or outside of your organisation. Both sides will need to agree to mediation beforehand
- In the event that a satisfactory conclusion is still not reached, then a formal grievance will need to be raised. Your centre should have its own grievance policy/procedure. If it doesn’t, then please follow the link in the ‘Useful reading’ section below
- In the unlikely event of a resolution still not having been agreed, visit the ‘Legal Services’ page of the NAEO website, complete and submit the online form and a member of the NAEO’s Legal Team will be in touch to advise on next steps
Useful reading:
Absence through ill health
All employees should be entitled to take time off work if they feel too unwell to carry out their contractual duties.
Your employer should have procedures setting out who you should notify and when if you are not well enough to work. Clear guidance should be in place about how often you should keep in contact and the periods for which self-certification is sufficient and for when certification from a medical professional is required. Additionally, your pay entitlement during periods of absence through ill health should be clearly set out.
Example issue
I have been absent from work due to long-term illness and my employer isn’t being clear about my entitlement or the support I can access.
This issue usually occurs due to one or more of the following factors:
- An unclear or inadequate absence policy being in place which is either poorly drafted, generic, vague, or unfit for purpose and subject to interpretation
- A poorly drafted, generic, vague, or unfit for purpose employment contract being in place
- Poor, or an absence of, line management and senior leadership
Hints and tips for resolving the issue
- Carefully read through your contract of employment and any other related documents which you have previously signed or agreed to abide by, so you know exactly what is and is not in place
- Pay particular attention to any wording within your contract that sets out the protocols, procedures and/or your pay entitlement during periods of absence through ill health
- Ensure that you read any policies or procedural documentation in place at your centre which should set out this information in detail
- Although it can be difficult to do so, make sure that you remain in regular and open communication with your employer throughout your absence. The minimum requirements in this regard should be set out in your centre’s absence policy documentation
- Key staff absences can present your employer with challenges, so you should recognise this and be as supportive and helpful as you are able to be under the circumstances
- Speak with or email your line manager to discuss the nature of the issue and your preferred outcome/resolution
- If you are able to do so, liaise with the relevant manager/HR professional to explain the nature of your issue and, perhaps most importantly, be clear about how you feel the issue should be resolved
- Should the situation remain unresolved, then mediation can be used. Mediation involves an independent, impartial person working with both sides to find a solution. The mediator can be someone from inside or outside of your organisation. Both sides will need to agree to mediation beforehand
- In the event that a satisfactory conclusion is still not reached, then a formal grievance will need to be raised. Your centre should have its own grievance policy/procedure. If it doesn’t, then please follow the link in the ‘Useful reading’ section below
- In the unlikely event of a resolution still not having been agreed, visit the ‘Legal Services’ page of the NAEO website, complete and submit the online form and a member of the NAEO’s Legal Team will be in touch to advise on next steps
Useful reading:
The examples set out above are reflective of the common shortfalls that can lead to workplace disputes, namely substandard documentation, poor employer/employee communication, and an absence of line management support and leadership.
By following the good practice set out above, the vast majority of workplace disputes can be resolved in amicable and ultimately positive manner, however, should you still feel that you require expert advice regarding your particular circumstances or position, then please visit the Legal Services page of the NAEO website for further support.