Human Resource Management

HRM Issue 1
Human Resource Management

Human Resource Management (HRM) is not only hiring and firing; instead, it also covers the entire
employee cycle. The employee cycle starts from the pre-employment stage and ends at the post-
employment stage, which then restarts back with the pre-employment stage again for recruitment.
HRM is required to be carried out professionally. Relevant statutory legislation do not only regulate
the professional environment but also help to protect human rights, such as the Equality Act.
HRM can be managed internally by an in-house HR department or outsourced to external HR

services, depending on the practice's size and demand.
Keywords
Human resources Statutory Leaves

5R Responsibilities Equality Act
Discrimination Employment Contract
Working hours Expressed Terms
Job Descriptions Implied Terms
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HRM Issue 1
Test your knowledge...
You are working as an architect in practice. You attended an interview with your Senior
Director to interview job applicants. The interviewee’s tutor is a friend of the Director. The
Director did not look at the interviewee’s portfolio because she trusts the tutor. The
interviewee is a girl, the Director then asked if the interviewee plans to have a family or
give birth shortly.
1. Describe the critical HR and employment issues during the interview conduct and list
out relevant legislation. How would you address those issues?
You are working as an architect in practice. One of the colleagues in your team is a Part 1
year out student. He tells you that there is no formal contract signed between him and
the practice. He also complained that he has been working late and on weekends quite
frequently, which is unpaid.
1. What would you suggest the student do? How would you address those issues to the
practice? Please also list out any relevant legislation.
You have been working late on weekdays and weekends for project deadlines for a
significant period. You asked your Project Manager for the project scope of work. The
Project Manager told you that there is no scope of work signed since the client is
personal contact, and there is no contract. But she trusts the client and believes that the
client will pay for the design work. The annual staff review is approaching, and you want
to use this opportunity to raise those issues.
1. How would you explain the issues related to your personal development and practice
management? How would you suggest solutions? Include relevant professional,
employment, and statutory issues as well.
HRM Issue 1
Things to think about when dealing with Form of Practice...

01 Both ARB and RIBA Code of Conduct have principles to protect employers, familiarise
yourself with both.
02 Be aware of employee’ duties and rights during employment; be aware of the relevant
statutory legislation/regulations/laws.
03 Be aware of the employer’s duties and rights during employment;be aware of the
relevant statutory legislation/regulations/laws.
Resources (Books / Articles / Online Publishing)

HR for Creative Companies, by Kate Marks
Handbook of Practice Management (9th Edition), by Ostime, Nigel
Equality Act 2010

Disability Discrimination Act 1995
Bribery Act 2010
RIBA Code of Conduct
ARB Code of Conduct
Health and Safety Act 1999
https://www.gov.uk/workplace-bullying-and-harassment
https://archive.acas.org.uk/media/3920/Asking-and-responding-to-questions-
of-discrimination-in-the-workplace/pdf/Asking-and-responding-to-questions-of-
discrimination-in-the-workplace.pdf
https://archive.acas.org.uk/media/304/Advice-leaflet---Bullying-and-
harassment-at-work-a-guide-for-managers-and-employers/pdf/Bullying-and-
harassment-in-the-workplace-a-guide-for-managers-and-employers.pdf
https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-
discrimination/if-youre-being-harassed-or-bullied-at-work/
HRM Issue 1
What is Human Resources?

What is the role of human resources within a business?
Human resources refer to the coordination of all the issues relating to the people a business
employs, to ensure that the company can operate.
Responsibilities relevant to the HR process (a circular process)

• Recruit – Orientation/ Integration / Evaluation Period/ Productivity / Efficiency
• Reward - financial/ non-financial / benefits
• Retain – Performance Management / Benefits / Professional Development / Learning-Training
• Recognise – Promotion / Opportunities / Employee Participation / Consultation and Feedback
• Release – Resignation / Termination / Exit Interviews
• Restore – Re-hire / Career Move / Role change
ARB/RIBA Clauses relevant to architects when looking at human resources responsibilities

within a business;
REWARD RETAIN
• Financial • Re-hire
• Non-Financial • Role Change
• Benefits • Career Move
6R
RECOGNISE
RECRUIT • Participation
• Integration • Succession
• Evaluation • Opportunities
• Attraction 6R Employee Life-cycle • Promotion
RESTORE RELEASE
• Re-hire • Resignation
• Role Change • Dismissal
• Career Move • Redundancy
HRM Issue 1
ARB
• ARB Standard 4.1 states you are expected to have effective systems in place to ensure that the
practice is run professionally and that projects are regularly monitored and reviewed.
• ARB Standard 4.2 states you should ensure that you are able to provide adequate professional,
financial and technical resources when entering into a contract and throughout its duration.
You should also, where appropriate, ensure you have enough suitably qualified and supervised
staff to provide an effective and efficient service to clients.
• ARB Standard 12.1 states you should treat everyone fairly and must not discriminate.
• ARB Standard 2.1 states You are expected to be competent to carry out the professional work
you undertake to do, and if you engage others to do that work they should be competent and
adequately supervised.
• ARB Standard 4 & 2 states ‘to manage a business competently’ which highlights the need to
judge interviewees fairly and based on their skill and qualifications.
RIBA
RIBA Code of Conduct Principle 3 8.3: Members must handle complaints courteously and
promptly at every stage, and as far as practicable in accordance with the following time scale:
a) an acknowledgement within 10 working days from the receipt of a written complaint; and
b) a response addressing the issues raised in the initial letter of complaint within 30 working days
from its receipt.
The practice should also be put into a record.
• RIBA Principle 3 6.4 Members must comply with good employment practice in their capacity
as an employer and/or employee.
• RIBA Principle 2 Competence states ‘shall act competently, conscientiously and responsibly’
• RIBA Principle 3 6.8 Members who employ students must: d) provide a reasonable breadth of
work experience and level of responsibility in accordance with any relevant and current RIBA
guidance.
• RIBA Principle 3 6.5, Members shall have regard for the maximum weekly working hours and
the 48 hour working week under the working time directive and should ensure that the hours
worked by their employees are reasonable and allow for a healthy work-life balance.
• RIBA Principle 3 8.3 and 5.1 States Members shall maintain appropriate records throughout
their engagement in order to document the interview process for future reference.
• RIBA Principle 4.2 Members shall not discriminate unlawfully on the grounds of age, disability,
gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or
belief, sex, sexual-orientation, nationality, culture or socio-economic background.
•
HRM Issue 1
Issues around recruitment that may arise within a business

Job descriptions / Discrimination Claims / Immigration
• Key areas where issues concerning criteria might arise - advertisement, interviewers acting or
questioning in a discriminatory manner, unfair selection process.
• Job descriptions help define roles in the companies – they can cause problems if they are to
brief or too detailed / RIBA is considering doing model jobs for architects
• It can lead to discrimination disputes with unsuccessful applicants as to the scope of role
(recruiting directly from specific architectural school, other candidates allege that their non-
selection was for discriminatory reasons)
• Advertisements constitute statements containing promises which can become terms and
conditions of employment
• Candidates have the right to see notes under the Data Protection Act 1998
• Damages for discrimination are unlimited
• To counterclaims, it is necessary to prove that actions taken were not due to sex, race, disability
etc.
• Criteria not related to the job and subjective judgements run a significant risk of discrimination
claims
Stages Before Employment is made

Recruitment and Interviewing
• Asking appropriate questions
• Make sure written notes are appropriate
• Making an offer
• Be careful as to how/when you make a job offer as it can become difficult to retract once issued.
Right to work
• Make sure people have the right of work in the UK – you need to see the original documents
Recognised Employment status that will may affect employment rights

• Employee - An employee will gain rights from the beginning
• Worker
• Work experience / training / interns
HRM Issue 1
Stages of Employment Cycle for Employees

There are four stages during the employment cycle that need to be taken into account and managed
to ensure the employees transition throughout is positive. It is also vital to ensure updating records
should this be necessary, specific rules and legislation may be added or updated which will require
all staff to be informed. Examples of these would be pension provider changes and flexible working
schemes.
Stage 1 Stage 2
Written particulars Record-keeping
Orientation/induction Training and development
Probationary period Performance management
Policies and procedures Implementing policies and procedures
Stage 3 Stage 4
Statutory leaves Resignation

• Maternity/Adoption
• Paternity Exit interviews
• Parental leave
• Shared Parental Leave Redundancy
• Time off for dependants
• Jury service If your employer has selected you for redundancy you
• Flexible-working must be given a notice period before your employ‐
• Paid holidays ment ends. The statutory redundancy notice periods
are: at least one week’s notice if you have been em‐
ployed between one month and two years. one week’s
Discretionary time off
notice for each year if employed between two and 12
• Compassionate leave
years.
• Study leave
• Sabbaticals
Dismissal
References
HRM Issue 1
Legislation / Regulations / Acts

Laws affecting employment (Legislation / Regulations / Acts)
• Contract Law
• Equality Act 2010
• National Minimum Wage Act 1998
• Part time Workers Regulation 2000
• Employment Act 2002
• Employment Rights Acts 1996
• Disability Discrimination Act 1995 2005
• Equal Pay 1970
• Immigration Law
• Human Rights Act
• Health & Safety at work Act 1974
Legal bodies
• Employment Tribunal
• Employment Appeal Tribunal
• Civil Court – typically related to money issues
• Crown Court – extreme H&S issues, employing multiple illegal immigrants
• European Commission
• Equality and Human Rights Commission – if they became aware an abuse in an organisation
• UK Visa and Immigration (UKVI)
• HM Revenue & Customs (HMRC)
HRM Issue 1
Health, Safety and welfare in the workplace

The Health and Safety at Work Act 1974 (HASAWA) lays down wide-ranging duties on employers.
Employers must protect the 'health, safety and welfare' at work of all their employees, as well as
others on their premises, including temps, casual workers, the self-employed, clients, visitors and
the general public. However, these duties are qualified with the words 'so far as is reasonably
practicable'.
Your employer's duty under the Health and Safety at Work Act1974 (HASAWA) is to provide you
with a safe and healthy workplace, and this includes:
• a safe system of work;
• a safe place of work;
• safe equipment, plant and machinery;
• safe and competent people working alongside you, because employers are also liable for the
actions of their staff and managers;
• carrying out risk assessments as set out in regulations, and taking steps to eliminate or control
these risks;
• informing workers fully about all potential hazards associated with any work process, chemical
substance or activity, including providing instruction, training and supervision;
• appointing a 'competent person' responsible for health and safety (competent persons, such as
a head of health and safety, oversee day-to-day safety management, oversee safety
inspections, and liaise with staff safety reps);
• consulting with workplace safety representatives (if a union is recognised, your employer must
set up and attend a workplace safety committee if two or more safety reps request one); and
• providing adequate facilities for staff welfare at work.
HRM Issue 1
Working Hours
• Working time legislation, sickness, absence and stress at work
• The Working Time Regulations 1998. They protect employees and ‘workers’ but not self-
employed.
48 hours /week on average

• 11 hours of rest between working days
• 20 min rest breaks any 6 hours of work
• Adequate rest during monotonous work
• 4.5 weeks annual leave – 28 days including bank holidays – pro-rata for part time
• ‘Unmeasured hours’ – do not count as working hours – when the employee chooses to work
outside of working hours
• Records must be kept showing the compliance with the 48 hours limit
• In ‘special’ circumstances (unforeseeable surges of activity) the worker can be asked to
continue without breaks – with the employer needing to give ‘compensatory rest’
• Special rules apply to young persons and night workers
Family-friendly and flexible work issues

• Change of work-life balance
• Work-life and family-life are complementary
• Parenthood can bring more motivated employees
HRM Issue 1
Leaves
Maternity leave
• Eligible after 26 weeks of continuous employment
• Statutory 26 weeks of ‘ordinary maternity leave’
• Depending on the length of services employee can be entitled to a further ’26 additional
maternity leave’ – Unpaid, only some terms and conditions operate during additional maternity
leave
• The first 6 weeks: 90% of their average weekly earnings (AWE) before tax (According to
government regulations)
• The remaining 33 weeks: £151.20 or 90% of their AWE (whichever is lower) (According to
government regulations)
• Leave starts the day after the birth if the baby is born early.
• An employee’s employment rights (like the right to pay, holidays and returning to a job) are
protected during maternity leave.
• Employees can work up to 10 days during their maternity or adoption leave. These days are
called ‘keeping in touch days’
• When the employee tells their employer they’re pregnant, the employer should assess the risks
to the employee and their baby.
• There are overlaps between maternity rights and the rights not to be discriminated against on
ground of sex and marital status
• New employees can be recruited to cover for employees on maternity leave
• Employee on maternity leave can be dismissed during maternity leave if the reason is not
related to the pregnancy: eg for redundancy but consultation must be adopted
Adoption Leave
• Eligible after 26 weeks of continuous employment
• Both male and female have the rights for adoption leave
• Same statutory lengths of leave – 26 days + 26 additional days unpaid
• Only one member of the couple can take adoption leave
Paternity Leave
• It’s available to the father, but also to the husband or partner of a child’s mother
• Paid for 2 weeks at relatively low statutory paternity leave level
• Employees are protected from being detrimentally treated
Parental Leave
• Unpaid leave to care for a young child
• Up to 5 years from the date of birth or adoption
• Employees are protected from being detrimentally treated
• A maximum of four weeks can be taken in any one year
• 21 days’ notice must be given
• Employees can work up to 20 days during their Shared Parental Leave. These are called
‘shared parental leave in touch’ (or SPLIT) days.
HRM Issue 1
Dependents Leave
• For emergency events
• A dependent is wife, child, or parent or someone living in the same household
• To provide assistance in the event of illness, injury or assault or in the case of birth
• Must notify employer as soon as practically reasonable
• The National Minimum Wage Act 1998;
• Sets out the minimum amount of pay a worker is entitled to per hour. This wage is based on a
worker's age. There is also a specific rate for apprentices. It is a legal requirement for employers
to pay workers the national minimum wage. Her Majesty’s Revenue & Customs (HRMC) have
the authority to take employers to court if they are not paying workers the national minimum
wage.
HRM Issue 1
The Equality Act in the workplace

It's all about treating people fairly and consistently. The two main forms of the act:
• Protected characteristics
• Types of Discrimination
The Equality Act also requires public bodies (like local councils, hospitals, and publicly funded
service providers) to consider how their decisions and policies affect people with different
protected characteristics.
The public body also should have evidence to show how it has done this. For example, a local
authority wants to improve its local bus service. It carries out a survey of people who use public
transport and finds that very few women use bus at night because they are worried about sexual
harassment. The local authority decides to work with the police and the transport provider, as well
as residents, to find ways to address this problem and make the bus service more inclusive.
How Contracts of Employment can be made

• Offer and acceptance of employment can be verbal
• Offer letters, email correspondence can create contract
• Contract needs to be signed to ensure the ambit of employment terms
• Terms of employment can arise from custom and practice - Christmas bonuses that were paid
every year may become terms of employment even if this is not written down in a contract
• The RIBA guidance and model contracts for reference – they also plan to introduce a model
employment contract
Minimum written particulars that should be included within a contract:

• An employer must provide employee with written particulars (statement of terms) or contract
of employment under Section 1 of the Employments Rights Act 1996 – no later than 2 months
after the employment commences
• It must include: name, date, pay intervals, normal working hours, holiday entitlements, amount
and frequency of pay, sickness and injury pay, notice period length, duration of employment,
collective agreements, if there is a contracting out certificate in force for purposes of the
Pension Schemes Act 1993, disciplinary rules
• Failure to provide written particulars can result in - An employment tribunal can award 2-4
weeks’ pay per employee as penalty
Express terms and implied terms within a contract explained:

• Express terms - any additional protection above minimum requirements can increase certainty
and reduce risk
• Implied terms imposed on employer: to treat employee with trust and confidence, to - care for
employee and H&S to agree with reasonable period of notice. Implied terms imposed on
employee: to treat employer with trust and good faith, to obey reasonable instructions, to work
with due diligence and care, not to disclose or use trade secrets
• Terms can be altered only if both parties consent, otherwise a breach of contract will occur.
HRM Issue 1
Employment benefits;
• Can vary according to company’s preferences - so benefit particulars will vary within contracts
Contract Termination;
• Is done through the means of Dismissal by employer (with or without notice), resignation by
employee, expiry and non-renewal of contract, constructive dismissal (breach of contract),
frustration (when contract cannot pe perform) - These must be done following the statutory
current procedures.
Architectural students;
• Fixed term or specific purpose contracts.
Discrimination
What is discrimination, how it can it be addressed within the workplace, and who can bring a claim if
discrimination forward?
• Discrimination claims can be brought by employees, ‘workers’, former employees and
unsuccessful job applicants
• Individuals can bring damage claims for their losses or injury to feelings
• Employers are generally liable for actions of their staff
Types of Discrimination
With the protected characteristic come types of discrimination. These are:
• Direct Discrimination
• Indirect Discrimination
• Associative Discrimination
• Discrimination arising from a disability
• Perspective discrimination
• Harassment and Bullying
• Victimisation
• Direct (relating to person characteristics), Indirect (applying a condition or requirement that

fewer people can comply with), Victimisation (when discrimination has been challenged and
leads to less-favourable treatment).
• Harassment – a particular form of discrimination that has purpose or effect of violating dignity
or creating intimidating, hostile. Degrading, humiliating or offensive working environment -it can
be deliberate or unintentional.
• Bullying- abuse of power intended to humiliate, injure or undermine. – linked to breaches of
mutual trust.
Under the Equality Act 2010 certain characteristics are protected under law against forms of
discrimination.
HRM Issue 1
Marriage and Civil Partnership

Being treated differently at work because you are married or in a civil partnership. Single people are
not protected. Types of marriage and civil partnership discrimination:
• Single
• living with someone as a couple neither married nor civil partners
• engaged to be married but not married
• divorced or a person whose civil partnership has been dissolved
Pregnancy & Maternity

Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period
after the birth and is linked to maternity leave in the employment context. In the non-work context,
protection against maternity discrimination is for 26 weeks after giving birth, and this includes
treating a woman unfavourably because she is breastfeeding.
• Pregnancy related – discriminating against female only
• Flexible working hours request – returning from maternity leave
Race
Refers to the protected characteristic of race. It refers to a group of people defined by their race,
colour, and nationality (including citizenship) ethnic or national origins.
Indirect race discrimination through the application of a ‘provision, criteria or practice’ that puts
individuals in disadvantage compared with others.
Indirect race discrimination applies if detrimental ‘requirement or condition’ is applied and small
group of people can comply with.
Disability
Includes mental as well as physical; can possibly include the following, MS, Cancer, depression and
dyslexia. Always seek advice on this, as the key is how the condition may affect the person's ability
to work. Explore ‘reasonable adjustment’ that may have to be made to support a disability.
Employers are under duty’ to make reasonable Adjustments’ – depending on cost, practicality and
the size of business – can include extra equipment, extra training, physical adjustments (ramps),
ability to work remotely etc.
Gender Reassignment
The process of transitioning from one gender to another. The equality act states ‘that you must not
be discriminated against because you are transsexual. Note: surgery not required to change from
your birth sex to your preferred. Direct discrimination Not to be confused with transvestism.
HRM Issue 1
Sexual Orientation
This is when you are treated differently because of your sexual orientation in one of the situations
that are covered by the equality act. The treatment could be a one-off action or as a result of a rule
or policy based on sexual orientation. It doesn’t have to be intentional to be unlawful.
Lesbian/gay, heterosexual, bisexual

Issues may include: eg the incorrect perception of a man being gay, the link between sexual
orientation and religious beliefs, incorrect use of pronouns in reference to a person.
Religion and beliefs

Religion refers to any religion, including a lack of religion. Belief refers to any religious or
philosophical belief and includes a lack of belief. Generally, a belief should affect your life choices or
the way you live for it to be included in the definition.
Including correct and incorrect perceptions, based on a person’s associations with another person
beliefs or religion.
Potential issues may include dress code, religious holidays, closure period, recruitment, social
interactions, food and alcohol issues.
Specific exemptions exist to allow Sikhs to not wear helmets on construction sites.
Sex
This is when you are treated differently because of your sex, in certain situations covered by the
equality act. It doesn’t have to be intention or unlawful.
Someone thinks you are the opposite sex (this is known as discrimination by perception)
You are connected to someone of a particular sex (this is known as discrimination by association).
You are (or are not) a particular sex.
Age
The Equality Act 2010 says that you must not be discriminated against because:
you are (or are not) a certain age or in a certain age group.
Someone thinks you are (or are not) a specific age or age group, this is known as discrimination by
perception.
You are connected to someone of a specific age or age group, this is known as discrimination by
association.
• Generally, manage people based on their performance, not their age.

• A statutory retirement age is set – employers need to justify early retirement
• Planned retirement – 6-12 months’ notice
HRM Issue 1
The Recruitment Process

1. Identifying a need
2. Writing a job description
3. Managing the recruitment process
4. Source of Candidates - internal / external
5. Job advertisement
6. the selection process / screening
7. Interviewing. Work sample, group interview, psychometric tests, skill tests.
8. Making an Offer
9. Right to Work
10. Employment Status
Dismissal Process / Redundancy procedure

1. Planning
2. Identifying the pool for selection
3. Seeking volunteers
4. Consulting employees
5. Selection for redundancy
6. Appeal and dismissals
7. Suitable alternative employment
8. Redundancy payment
9. Counselling and support.
10. Exit interviews
Employment Rights Act

Employment Rights Act 1996 - set out the rights of employees in situations such as dismissal,
unfair dismissal, parental leave, and redundancy.
The right to be given employment particulars;
Section 1 (2) of the ERA 1996 states that the main terms between the employee and employer
must be recorded in writing and given to the employee within two months of starting employment.
The document might be an employment contract, or a shorter “written statement of particulars”.

Signing creates an enforceable contract between the employee and the employer. A statement
may also tell the employee their statutory employment rights.
Disclosures and detriment

Under the ERA 1996, an employee may not disclose any company’s confidential or private
information to a third party.
HRM Issue 1
Dismissal: notice and reason

Under Section 86 of the Act, “reasonable notice” has to be given before the termination of the
contract. That applies to both the employee and the employer.
The duration of a reasonable notice period depends on the employment duration of the employee.
If the employee has worked for more than one month then a minimum notice period of one week
should be issued in case of dismissal. After 2 years of service, the duration of a reasonable notice
period increases to two weeks. After 3 years, the duration increases by another week to 3 and so
on to a maximum of twelve weeks’ notice.
Unfair dismissal
Section 94 of the Act prevents the employer from unfairly dismissing the employee. An employer
must specify the reason that resulted in the employee’s dismissal.
Dismissals related to the following are considered automatically unfair:

• Health and safety concerns
• Assertion of statutory rights
• Request for flexible working
Valid (fair) reasons mentioned in s. 98(2) to dismiss an employee are as follows:

• Relates to the capability or qualifications of the employee for performing work of the kind which
they were employed by the employer to do
• Relates to the conduct of the employee
• Is retirement of the employee
• Is that the employee was redundant, or
• Is that the employee could not continue to work in the position which he held without
• Contravention (either on his part or on that of his employer) of a duty or restriction imposed by
or under an enactment.
Additionally, the employer has the right to dismiss the employee under Section 98 (1) for some
other substantial reason.
Redundancy payments
• Section 135 of the Act gives an employee a right to compensation if his or her job becomes
obsolete (redundant) – provided he or she has worked under the employer for a specified
duration to become an established employee.
To qualify for the redundancy payment, the employee must have had a working relationship with
the same employer for two years (Section155). Employees who have reached retirement age are
not entitled to redundancy payments (Section 156).
The employer can avoid paying the employee compensation by dismissing him or her for a
different reason, such as misconduct or capability, as mentioned above.
HRM Issue 1
Employment Stages
BEFORE
EMPLOYMENT Recruitment and • Asking appropriate questions;
Interviewing • Make sure written notes are appropriate.
• Make sure people have the right of work in the UK – you need to see the
original documents;
Right to Work
• If they do not have the right of work in the UK, consider if you are eligible
or willing to offer Working Visa to them.
• Employee – they have employee rights from the beginning, and they
Recognised might get more benefits as the time passes
Employment Status • Independent Contractor
• Training/interns
• Making an offer for the chosen Employment Status

Making an Offer • Be careful as to how/when you make a job offer as it can become more
difficult to retract once issued
DURING • Be clear of the written particulars in Employment Contract

EMPLOYMENT STAGE 1 • Carry out orientation/induction
Start • Probationary period
• Policies and procedures
• Record-keeping
STAGE 2 • Training and development
Management • Performance management
• Implementing policies and procedures
• Statutory leaves
STAGE 3 • Maternity/Adoption
Time off Management • Paternity
• Parental leave
• Shared Parental Leave
• Time off for dependants
• Jury service
• Flexible-working
• Paid holidays
• Discretionary time off
• Compassionate leave
• Study leave
• Sabbaticals
• Resignation
STAGE 4 • Exit interviews
End of Employment • Redundancy
• Dismissal
• References
HRM Issue 1
Part-time workers
Protected by law. Employees cannot be detrimentally treated compared to a full-time worker
Pro-rata payments and benefits in line with working hours.
Fixed term
Since 2002 fixed term workers have been protected by; statutory regulations, including defined
period contracts, contracts for specific act or task, contracts ending on the happening of events.
Dismissal must be dealt with under the statutory dismissal and disciplinary procedure – advance
warning, meeting to discuss the right to appeal.
Pro-rata benefits where detrimental treatment cannot be avoided: eg not giving a fixed term worker
a company car but an added cash benefit instead.
After 4 years the fixed term contract becomes indefinite.
Whistle-blowing within the workplace

Public Interest Disclosure Act 1998
Workers protection only applies to alleged criminal offences, breaches of legal obligations, and
Health & Safety.
Working Time Regulation

The Working Time Regulations 1998 - put a limit on the number of hours that workers can work
each week. The basic provisions of the Working Time Regulations state that employees are:
• Required to work an average of / no more than 48hrs a week, unless they specifically opt-out.
• Entitled to 5.6 weeks' paid time off per year.
• Allowed 1 consecutive hours' rest per 24-hour period.
• Entitled to a 20-minute rest break (for working days longer than six hours).
• Meant to have 11 hours of rest between working days. (e.g. Say they finish work at 8pm, they
wouldn't work again until 7am the next day.)
• Given a minimum of one day off per week.
• Not allowed to work more than eight hours - for night shifts - in any 24-hour period.
• Restricted to 8-hours per day and 40-hours per week if they are aged 16-18.
This legislation was introduced due to:

• Health and safety requirements - to defer people from working for dangerously long periods of
time; as well as maintaining a healthy work-life balance.
• The Regulations apply to all part-time and full-time workers, including most agency workers
and freelancers.
• The 48-hour working week.
• In the UK, unlike other EU Member states, we allow workers to opt out of the 48 hour working
week limit. The employer and or employees think that opting out means they are opting out of
the whole regulation. This is not the case they are only opting out of the total hour’s limit which
is currently set at 48 hours.
HRM Issue 1
Pensions Act
National Minimum Wage Act
The National Minimum Wage Act 1998 sets out the minimum amount of pay a worker is entitled
to per hour. This wage is based on a worker's age. There is also a specific rate for apprentices. It is
a legal requirement for employers to pay workers the national minimum wage. Her Majesty’s
Revenue & Customs (HRMC) have the authority to take employers to court if they are not paying
workers the national minimum wage.
Data protection act

The Data Protection Act 2018 is a United Kingdom Act of Parliament which updates data
protection laws in the UK.
Equality act
It's all about treating people fairly and consistently. 2 main forms of the act: protected
characteristics; and types of discrimination.
Equality Act also requires public bodies (like local councils, hospitals, and publicly-funded service
providers) to consider how their decisions and policies affect people with different protected
characteristics. The public body also should have evidence to show how it has done this.
Disability Discrimination Act

Employment Relations Act
Employment Equality Regulations (Religion or Belief)
Employment Equality Regulations (Sexual Orientation)
Employment Equality Regulations (Age)
Part Time workers regulations
Sex Discrimination Act
The Pregnant workers Directive
Paternity Rights
Equal Pay Act
Race Relations Act

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HRM Issue 1