These relationships are essentially narrow in their ambit and can not be unilaterally created under the general law for all citizens or for all citizens of particular classes. Only legislation, properly authorised and made, can unilaterally create or change rights and obligations of citizens generally, or change or affect the operation of the general law.
Legislation may also be an option chosen to present a policy in a particularly powerful way or to create a state of affairs that can only be further changed or brought to an end by legislation. There are lower rates for less experienced workers over These changes often cause confusion with the legal minimum wage as typically FM workers are on a higher basic rate to other general operatives. Employers should also be aware of other key employment-related developments.
New legislated changes, such as those to parental leave entitlements, also impact the cost of employment. Case law on employment related issues should be monitored carefully including those relating to age discrimination, discipline and grievances, race discrimination, maternity and parental rights, redundancy, religious discrimination, sex and sexual orientation discrimination, terms and conditions of employment and working time.
There are a number of current employment-related cases which are important to watch because they could drive a precedent for change. A test case in relation to equal pay is currently being brought against ASDA in the UK, and there are cases in relation to age and religious discrimination which may have implications for employers.
So what can clients of FM partners and those who employ staff directly do to make sure they are fully prepared for whatever developments may be in store arising from legislative change? Here are three key things that organisations can do to help protect their people, reputation and standards:. To avoid surprises, ask that your FM partner includes regular formal briefings on the potential impact of employment legislation.
This can be part of a broader monthly update and the information can be built into monthly reports and meetings. Failure to meet statutory employment changes can lead to being named and shamed, potential criminal proceedings and financial penalties. Increasingly, tenders are checking that service providers have the relevant knowledge and experience of dealing sensitively and fairly with their own employees.
Questions about employment practice, wage rates and employee well-being are increasingly being included in tenders.
Make sure you engage an FM partner who fully understands its responsibilities under Transfer of Undertakings Protection of Employment regulations. There are a number of advantages and disadvantages of legislation to production. Advantages of legislation include:.
Disadvantages of legislation include:. There are a number of advantages and disadvantages of legislation to human resources.
Impact of legislation on businesses Costs and profits Businesses must comply with government legislation , but this means that they incur a range of additional costs in terms of time and money.
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