Could engineering be reaching a retirement cliff?

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Could engineering be reaching a retirement cliff?

As the issue of talent shortages in STEM skills (science, technology, engineering and maths) continues to rage across the globe, could the engineering sector be facing a retirement cliff as it loses some of its top talent?

Peter Davies, Managing Consultant at Berkley Engineering discusses how more needs to be done to pipeline the future talent. With companies like Siemans recently introducing an engineering education and careers portal for schools as a means of bridging the skills gap, there seems to be a positive future. But is this enough?

To highlight the problem, it was recently estimated that, in America alone, STEM jobs will grow by 17% between 2008 and 2018, compared to just 9.8 percent-growth in non-STEM roles. However, at the current pace, the U.S. simply will not produce enough workers to fill the jobs.

So why is there a STEM gap? In a recent online poll by Our Future Mobility Now, the majority of respondents agreed it is because there isn’t enough promotion of how important STEM skills are in the younger generation. In order to prevent a possible retirement cliff then, there is a need for those in the sector to do more to reach out to the emerging employment generation and educate them on the importance of these skills sets. An initiative like Siemans is a step in the right direction, but more still needs to be done.

For those already established in the industry though, this skills gap means there are more employment opportunities currently available. However it’s important that individuals do not become complacent in their continued skills growth. As more is done to close the gap in emerging STEM talent, current professionals also need to look at continued development themselves to remain competitive. This is perhaps more important in the technology and engineering areas which are constantly evolving. So what can you do to remain a contender in the race for top skills?

Keep up to date

With constant changes and technology updates in the engineering industry, it’s vital that employees receive the relevant training and development to meet new demands and work with new machines. As an individual it’s imperative that you stay ahead of new developments by keeping up to date with industry relevant news and identify any areas where a level of ‘upskilling’ may be needed.

Look at training options

Identify any potential training courses which will help develop your career. The Institute of Engineering and Technology, for example, offer career training and professional development courses to help keep individuals grow their skills. Don’t forget to approach your current employer to gauge any possible training and development they can help with. This would also provide a perfect opportunity to demonstrate your eagerness to progress in your current role and could lead to promotional opportunities.

Keep abreast of changes in education as well. Ultimately, the emerging workforce is likely to have had training in the newest industry developments. The more education and training changes you are aware, the better placed you will be to compete against future candidates.

Utilise your network

It’s also advisable that you make the most of the knowledge base you have to hand through your network. The most valuable competitive advantage individuals in the engineering sector will have against future emerging talent is the experience and connections which have been built up during the course of their career. Make sure you are attending any relevant networking events and liaising with your peers to getting as much industry exposure as possible.

Build your online profile

Finally, look at how you can maximise your online presence to ensure you are visible to the right audience. With social media channels such as LinkedIn and Twitter increasingly being used to source top talent it’s imperative that you have a strong online profile. Make it easy for potential employers to find you by using keywords relevant to your experience, current role and skills.

While it is unclear whether the engineering sector will be able to address the issue of STEM skills gaps before it really starts to see an impact from the retirement cliff, the current workforce need to prepare themselves to compete with a potential influx of emerging talent. By following these tips above, you will be in a stronger position to get some of the best engineering roles out there.

Click here for vacancies in Engineering.

Peter Davies is Managing Consultant at Berkley Engineering.

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kryan 19 April 2013 Career Advice, Engineering News engineering career, Engineering Jobs, engineering skills shortage, Our Future Mobility Now, skills shortage, STEM, STEM skills, training No Comments

SHOULD I STAY OR SHOULD I GO? DEALING WITH COUNTER OFFERS

It is no secret that the oil and gas market is suffering a major skills shortage and it is also no secret that employers who want to hold onto top talent will often use money as a retention tool when someone resigns.

In my experience, job seekers who decide to actively look for another role have a number of reasons for doing so – and it is rare that it is purely about money. More often, while salary will be important other factors such as people, progression and culture will come into the mix.

If your move is purely money related and you are 100% happy with everything else in your existing role then you may as well accept a counter offer but in all honesty it’s probably easy to just ask for a pay rise rather than go to the trouble of securing another job offer first.

If it’s a frustration at a lack of career progression, the company culture and the people then it doesn’t matter how much the buyback is your frustrations will still exist – you’ll just have a bit more cash for your pain.

What will probably happen is that you’ll be asked to outline all the reasons which led you to your decision to resign. You’ll be reminded that the very least you owe them is an opportunity to understand your decision. Slowly but surely a number of more senior individuals will also want to talk to you and suddenly all the reasons for your unhappiness and the fact that your salary is woefully under market rate, will be magically wiped away. Because guess what? Everything is going to be different and just the way you wanted it to be – if only you’d stick around to see it.

This is what’s called “The Utopia Zone” – you start to feel pleased that you are obviously so important – and you crumble. What comes next is ‘The Real Deal’. There’ll be the compromises in the promises that you’ve been made. Then there will be the interviews with your potential successor (which they’ll be doing just in case you do decide to leave) who has a similar skill set to you but is on more money than you already. Then all of a sudden you realise that you are surrounded by the same people, with the same issues, the same lack of real progression and the same culture.

So why do companies counter offer? Very simply, in most cases it is hard to replace someone (particularly in this skill short market) during the notice period and recruitment is seen (wrongly) to be more expensive than counter offering. It’s easier to counter offer and throw some money at the problem than replace you.

So think very carefully, when you next look to move, about exactly why you are unhappy as you will almost certainly get a counter offer in this market. Why not just look for a job once and be happy – rather than go through the pain of the process twice to achieve the same result?

Click here for vacancies in the Oil & Gas sector.

Dominic Morris is Director of Global Energy Business at Twenty Recruitment Group

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kryan 8 April 2013 Career Advice career advice, Counter offers, new job, Oil & Gas, Oil & Gas jobs, skills shortages, Twenty Recruitment Group No Comments

Workplace Pensions: Be savings-savvy

We’ve caught up with the Department of Work & Pensions to get the latest advice on workplace pensions and to get some top tips on how to make your money work harder for you:

Many of us are worried about money at the moment – and all of us need to make our money stretch a bit further. When it comes to making plans to save for the future, many people find themselves putting it off because they fear they have too little to make it worthwhile, or because they just don’t feel confident about financial planning.

The good news is that there are some easy and affordable ways to becoming more money-savvy:

Stay enrolled in your workplace pension. By 2018 all UK employers will have to offer a workplace pension and will be automatically enrolling workers into it. You don’t have to stay opted in – but if you do, your employer has to contribute to it by law. And you’ll usually get tax relief from the government too – so you really do get extra money! You can find out more at www.gov.uk/workplacepensions

Keep track of your money and switch, switch, switch. Many savings accounts offer great deals when you open them, but these can quite quickly fall. Check out up to date interest rates in your newspaper or online at places like MoneySavingExpert.com. Mortgages aren’t so easy to switch but its still worth while reviewing at least once a year, sooner if you’re near the end of a fixed rate deal. Try online consumer experts for recommendations on different types of savings products. This way you’ll be sure to get the maximum return on your precious savings.

Put your savings into an ISA. ISAs can be a great tax-free way of saving. You can save from just a few pounds a month so they’re ideal if you just want to regularly put away a small amount. Ask your bank for their best rates and deals on ISAs – but don’t forget to shop around!

Top up your pension. Ask your employers’ pension provider whether it will let you make extra contributions to your pension so that it grows faster. Yet another way to get tax relief!

Top Tip

Use all these tips and your money will be working harder for you. But the Top Tip is to stay with your workplace pension. If you pay in to that, your employer has to pay in too – now that really is a good deal!

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kryan 14 February 2013 Career Advice Department for Work and Pensions, employer’s pension scheme, ISA, pension advice, Pensions, work advice, workplace pensions No Comments

Workplace Pensions – the latest consumer information and advice from the Department for Work and Pensions

As the population grows older most of us can look forward to around 20 years in retirement. This is good news. A comfortable retirement should be a reward for years spent at work. But what if we haven’t saved up for our retirement? Our dreams of time spent on holidays and hobbies might never come true.

Millions of us are not saving enough to afford the retirement we want.

The State Pension is a foundation for your retirement, but you may want more. Today, the full basic State Pension is £107.45 a week for a single person.

If you are of working age and you haven’t got round to starting a workplace pension, then there’s good news. The government has created a new initiative to help you build up a pension through your workplace. And the best news is the setting-up is all done by your employer. There is very little you have to do if you want to start saving for your retirement.

You will be automatically enrolled into a pension scheme at work if you:

are not already in your employer’s pension scheme;
are aged 22 or over;
are under State Pension age;
earn more than £8,105.00 a year (this figure may change); and if you
work, or usually work, in the UK.

You can choose to opt out of the scheme if you want to, but if you stay in you will have your own pension which you get when you retire.

What’s more, if you stay in, your employer will contribute to your pension and the government will also contribute through tax relief*. This means, unlike other ways of saving, being in a workplace pension means you’re not the only one putting money in.

So:

You pay into it
Your employer pays into it
The government pays into it (in the form of tax relief)

Example

John earns £12,000 a year (£1000 a month) gross** basic salary and is paid monthly.

He pays in the equivalent of 4% of his gross salary into his workplace pension (£40 a month). This is taken directly from his monthly pay.
His employer pays in the equivalent of 3% of his gross salary (£30 a month)
The government, in the form of tax relief, pays the equivalent of 1% of his gross salary (£10 a month).

So the total contribution to John’s pension pot is £80 a month.

Please note this is just an example: how your employer’s pension scheme actually calculates payments will probably be different.

*Tax relief means some of your money that would have gone to the government as income tax, goes into your pension instead.

** ‘Gross’ means before tax and National Insurance are taken off

When this will happen

When exactly an employer will enrol their workers depends on their size. Very large employers are doing it first, in late 2012 and early 2013. Other employers will follow sometime after this, over several years.

To find out more about what enrolment into a workplace pension means for you, and the benefits of staying enrolled, visit www.direct.gov.uk/workplacepension

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jdunning1 4 October 2012 Career Advice career advice, Construction, Consumer advice, Department for Work and Pensions, employer’s pension scheme, Government pension scheme, Government pensions, pension contribution, Pensions, Retirement, State Pension, Tax relief, workplace pensions No Comments

Pension myths from the Department for Work and Pensions

Automatic enrolment into a workplace pension will make it easier for people to start saving for their retirement. All employers will be required to enrol their eligible workers into a workplace pension scheme if they are not already in one.

We know there is a lot of confusion surrounding pensions and saving. These pension myths can make people feel confused about what they need to do to fund their retirement. We’ve explained some common pension myths below.

It’s not worth saving into a pension.

FALSE! Most people can expect to get back more in retirement than they put in their pension. Most people saving in a workplace pension also benefit from contributions from their employer and the government in the form of tax relief*.

My house will be my pension pot.

BE CAREFUL! Property doesn’t allow you to spread your money across a range of different investments like a pension does, and doesn’t have the same tax advantages.

My partner will be my pension pot / I’ll inherit money from my parents.

BE CAREFUL! Inheritances can be uncertain, so it is important to make individual pension provision. Increasing numbers of people are surviving into their 90s and longer, so your parents may still be alive when you retire. You might also find yourself in a difficult situation in the case of divorce.

I can only pay in a small amount so it isn’t worth it.

FALSE! Your contribution to your workplace pension will be a percentage of your salary. You’re also likely to benefit from a contribution from your employer and tax relief* from the government too. Even if you end up with a small overall pension pot, you might be able to take your pension as a cash lump sum as long as your pension savings are no more than a certain amount (currently £18,000).

I’ll save when I get old / I’m too old to start saving.

FALSE! It is better to start early – usually, the younger you start to save, the bigger your pension will be, as your money has more time to grow. And unless your retirement is a few months away, there’s still time for you to build up some money.

If my company shuts down I lose everything.

FALSE! There was a problem with people losing their pensions when their company shut down in the past. But this is no longer the case. With most schemes your pension is looked after by the pension provider, so if your employer goes bust you won’t lose your pension pot.

If your pension scheme is run by your employer and they go bust, your pension pot might be smaller than it would have been. This is because, if your employer has been paying the pension scheme administration costs, they will no longer be doing so. These costs would now come from the scheme member’s pots.

My grandma only lived to be 70 so surely I won’t live much longer, why bother saving?

BE CAREFUL! People tend to underestimate how long they’re likely to live and life expectancy across the generations is changing fast. On average, you’re likely to spend 20 years in retirement, so you will need to plan for that.

The State Pension will be enough.

BE CAREFUL! The State Pension is a foundation, but for many people, relying on this alone could mean a fall in income at retirement. Saving into a workplace pension means people will have more money to help continue enjoying the things they like when they retire.

(*Tax relief means some of your money that would have gone to the government as income tax, goes into your workplace pension instead.)

To find out more about what enrolment into a workplace pension means for you, and the benefits of staying enrolled, visit www.direct.gov.uk/workplacepension

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jdunning1 4 October 2012 Career Advice career advice, Construction, Consumer advice, Department for Work and Pensions, employer’s pension scheme, Government pension scheme, Government pensions, pension contribution, Pension myths, Pensions, Retirement, State Pension, Tax relief, workplace pensions No Comments

What are your employment law rights? Final part of the series: References, restrictive covenants and temporary & agency workers

The fourth and final part of the series by Philip Landau, employment lawyer and partner at Landau Zeffertt Weir Solicitors

References

Your employer is not obliged to provide you with a reference after you leave employment, but if they do, it needs to be fair and accurate. This is a subjective test. If your employer reasonably considers the reference to be fair, then the fact that you do not agree with it does not give you rights to object.

The vast majority of references are factual in any event, and will therefore just set out your name, job role and dates of employment. It is unlikely that any negative inference is drawn from this common practice.

If you are given an unfavourable reference, you can ask for a copy from the recipient (i.e. your prospective employer), but you are not entitled to demand a copy from your old employer who has actually written the reference.

Restrictive Covenants

Many employers will include clauses in your contract of employment which seek to restrict your conduct post-termination. This has historically applied to senior executives, but is also becoming more and more common for this to also apply to more junior employees.

Typical restrictive covenants seek to prevent you from working for a competitor, poaching clients, contacts and employees away from the company and/or using confidential information learned during the course of your employment for a set period of time after termination of your employment. This is usually 6, but sometimes 3 or 12 months.

Whether such clauses are actually enforceable against the employee will depend upon the particular circumstances of the case. However, the following principles will usually be taken into account:

The clause must not be any more restrictive than is reasonably necessary in the particular circumstances to protect the employer’s business. If the clause is too restrictive then it is likely to be struck out as unenforceable by the Courts. For example, a clause seeking to restrict your dealing with “all clients is likely to be too wide and therefore unenforceable.
Your employer must be able to show that they have a legitimate business interest which requires protection.
What is reasonable will depend upon your position within the business. For example, it will be more reasonable to seek to restrict your actions if you are a senior executive and regularly in contact with the customers and contacts of the business.

If you do have restrictive covenants in your contract, this could leave you unable to start work with a new employer for 6 or 12 months. If you ignore the restrictions you run the risk of your old employer issuing legal proceedings against you. They could seek an injunction restraining both you and your new employer from being in breach of the covenant.

Such applications are rare, but you should nevertheless not recklessly breach your covenants without first taking professional advice. It could otherwise be a costly mistake.

Temporary and Agency workers

Many legal rights are only available to employees and cannot be enforced if you are an agency worker. For instance, you can only claim for Unfair Dismissal if you are an employee and only employees are entitled to statutory redundancy payment. Agency workers may be deemed to be employed by the agency, or by the end client, but they may not in fact be employees at all.

The Agency Workers Regulations 2010, which came into force in October 2011, (implementing EU legislation) are intended to help to increase rights previously denied to agency workers as a consequence of their employment status.

The regulations entitle you as an agency worker to the same basic employment conditions as those which you would have were you employed directly by the client with whom you are placed, (subject to a 12 week qualifying period in the same job with the same hirer). You are guaranteed equal terms and conditions to employees when it comes to basic pay, holiday pay, working time, annual leave and rest breaks.

The regulations do provide an exemption to this equal treatment principle, known as “the Swedish derogation”. This ensures that agency workers cannot always claim a right to equal treatment when it comes to pay. In situations where you have a contract which provides for minimum pay between assignments when you are not working for a hirer, you will not be able to override this and claim equal pay.

Agency workers also have the right to claim for discrimination.

Need more advice?

Philip Landau who is an employment law solicitor and partner at London firm Landau Zeffertt Weir Solicitors is pleased to give JustEngineers.net users a free initial consultation on any UK employment matter.

If you have a specific enquiry or require further information in relation to your employment law rights, email Philip at pl@lzwlaw.co.uk or call him on 020 7357 9494.

DISCLAIMER
The information and any commentary on the law on this web site is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying upon it, is assumed by either Jobsite or Landau Zeffertt Weir. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a solicitor about your case or matter and not to rely on the information or comments on this site.

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jdunning1 19 September 2012 Career Advice agency workers, career advice, employment advice, employment law, holiday entitlement, JustEngineers, Landau Zeffertt Weir Solicitors, legal advice, Notice periods, Philip Landau, Poor performance, redundancy, References, Restrictions on working time, restrictive covenants and temporary workers, sick leave, UK employment, unfair dismissal, work advice No Comments

What are your employment law rights? Part III: Restrictions on working time, sick leave, unfair dismissal and redundancy

By Philip Landau, employment lawyer and partner at Landau Zeffertt Weir Solicitors

Restrictions on working time

The Working Time Regulations 1998 govern working hours in the UK. The Regulations provide that you must not work on average more than 48 hours a week. You do, however, have the right to opt-out of this weekly restriction and many employers request this when asking you to sign your employment contract.

If you are working for more than six hours, you are entitled to a rest break of 20 minutes. You are allowed a period of 11 consecutive hours in each 24 hour period as daily rest and not. The regulations also entitle you to a weekly rest break of not less than 24 hours every 7 days, or alternatively 48 hours in each 14 day period.

Sick leave and entitlement

UK employment law does not provide you with a right to take time off in case of illness, however your contract is likely to make provision for your sick leave entitlement.

You are entitled to Statutory Sick Pay if you are unable to work as a result of illness. You will not, however, be able to claim SSP for the first 3 days of absence and the total entitlement is capped at 28 weeks.

Unfair Dismissal

The Employment Rights Act 1996 gives you rights if you have an unfair dismissal claim.

You have 3 months less one day from the date of termination of employment in which to make any claim to the employment tribunal, otherwise you will be time barred. There are only very limited exceptions to this time limit.

The right not to be unfairly dismissed is generally subject to a minimum qualifying period of employment. Employees employed prior to 6^th April 2012 require one year’s qualifying service to accrue the right to claim unfair dismissal, those employed after 6^th April require two years qualifying service.

Some unfair dismissals are automatically unfair and do not require a minimum qualifying period. Examples include being dismissed for taking maternity leave, claiming discrimination and whistle blowing.

There are five potentially fair reasons for dismissal:

Conduct
Capability
Redundancy
The continuation of employment would contravene a statute
Some other substantial reason

Even if you have been dismissed for a fair reason, in order to avoid claims for unfair dismissal, your employer must ensure that they follow a fair procedure in dismissing you. The ACAS Code of Practice sets out principles which your employer should follow when it comes to handling a dismissal in a procedurally fair manner (i.e. carry out investigations and inform you of the problem). You have the statutory right to be accompanied by a colleague or Trade Union representative at a formal disciplinary or grievance meeting and you should be afforded the chance to appeal against any formal decision made.

Many employment cases are settled by way of a compromise agreement (shortly to be known as a settlement agreement). This is a full and final settlement document setting out the full terms and which you need to have signed by an independent lawyer.

Click here for further information on unfair dismissal

Redundancy

For your redundancy to be genuine, it will generally need to fall into one of three categories: the closure of a business, the closure of a particular place of work, or a diminishing need for employees to carry out a particular kind of work.

Redundancy should be a last resort and your employer is under a duty to consider alternatives. It may be that a reduction in agency staff or independent contractors, salary freezes etc could avoid the need for a redundancy. Your employer is also under a duty to consider the potential of suitable alternative employment. Whether an alternative position is deemed a “suitable” alternative will depend on several factors including how close the work is to your current job, your skills in relationship to the job and the pay, status, hours and location of the job.

In a redundancy scenario, your employer is under a duty to use objective selection criteria as far as is possible. Objective selection criteria include for example an analysis of disciplinary records, experience or capability. Your employer may leave themselves open to a discrimination claim if they select employees for redundancy on the basis of subjective characteristics such as gender, race, disability or working pattern (e.g. part time employees).

Your employer is under a duty to consult you regarding your selection for redundancy and inform you of any alternatives available. If your employer is making large scale redundancies (20 or more within a 90 day period), employee representatives need to be consulted under the process of collective consultation.

If you have at least two years continuous service, you will be entitled to a statutory redundancy payment. The amount you are entitled will vary depending upon your age, salary and length of service. You can claim half a week’s pay for each complete year of employment under the age of 22, one week’s pay for each complete year of employment between the ages of 22 and 40 and one and a half weeks’ pay for each complete year of employment age 41 and over. Weekly salary is capped at £430 per week from 1^st February 2012 and the number of years service which can be taken into account is limited to 20 years. It is important to note that if you are a successful candidate for an alternative role offered to you during the redundancy process, and the role is deemed suitable but you turn the job offer down, you may lose your right to statutory redundancy pay.

Click here for further information on Redundancy

Need more advice?

If you have a specific enquiry or require further information in relation to your employment law rights, email Philip at pl@lzwlaw.co.uk or call him on 020 7357 9494.

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jdunning1 3 September 2012 Career Advice career advice, employment advice, employment law, holiday entitlement, JobsGroup, JustEngineers, Landau Zeffertt Weir Solicitors, legal advice, Notice periods, Philip Landau, Poor performance, redundancy, Restrictions on working time, sick leave, UK employment, unfair dismissal, work advice No Comments

What are your employment law rights? Part II: Holiday entitlement, notice periods and poor performance

By Philip Landau, employment lawyer and partner at Landau Zeffertt Weir Solicitors

Holiday entitlement

You are entitled to a minimum of 5.6 weeks paid holiday each year (equal to 28 days including Bank Holidays). You must take holidays when it is convenient with your employer. There is no absolute right to take the holiday times of your choosing.

You cannot decide to take payment in lieu of holiday unless your employment has terminated in which case you are entitled to any accrued but untaken holiday for that year. Your employer may stipulate that your remaining annual leave is to be taken during your notice period, assuming you are working this or on garden leave.

If you are sick during a pre-booked holiday, new case law (and forthcoming legislation) provides that you may in some circumstances be able to claim back the holiday time for the period that you were sick and even roll that extra time into next year’s holiday allowance.

Notice periods

You are entitled to one week’s minimum notice if you have been employed for less than two years and one week per years of service if you are employed for two years and over. This week per year entitlement continues up to a maximum of 12 weeks.

The only situation in which you would not be entitled to any notice is if you committed a repudiatory breach of contract (i.e. gross misconduct). In these circumstances, you could be what is called “summarily dismissed” (legitimately dismissed without notice).

Poor Performance

Poor performance is essentially an allegation by your employer that your work is not up to scratch. You may be missing sales or other business targets set by your employer, or you could be making mistakes in your work. Capability is a potentially fair reason for dismissal. In order for a dismissal to be fair, however, your employer must also demonstrate that they have followed a fair procedure.

Before a formal disciplinary procedure gets underway, your employer should ideally address performance issues informally if possible, and such initial discussions would not usually appear on your disciplinary record.

The ACAS code of practice provides guidance for employers to ensure that performance issues are dealt with fairly at work, although your employer will often have their own specific policies (which should be no less than what is recommended by the ACAS code). Although the ACAS code is not legally binding, whether or not your employer abides by the ACAS code will be a factor which Employment Tribunals consider when determining whether a performance dismissal is fair. An employment tribunal can impose an uplift in damages you are awarded against your employer as a penalty for not following the Code.

The usual process for poor performance is for your employer to give a first and then final written warning before you are dismissed. You should also be given an opportunity to improve and are entitled to reasonable notice and sufficient evidence to be provided to you at disciplinary meetings. You are also entitled to appeal any disciplinary action.

Click here for more information about poor performance

Need more advice?

If you have a specific enquiry or require further information in relation to your employment law rights, email Philip at pl@lzwlaw.co.uk or call him on 020 7357 9494.

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jdunning1 13 August 2012 Career Advice career advice, employment advice, employment law, holiday entitlement, JustEngineers, Landau Zeffertt Weir Solicitors, legal advice, Notice periods, Philip Landau, Poor performance, UK employment, work advice No Comments

What are your UK employment law rights?

Over the next few weeks we’ll be posting a series of articles that cover all areas of your UK employment rights.

The first of this series by Philip Landau, will cover contracts of employment and discrimination.

By Philip Landau, employment lawyer and partner at Landau Zeffertt Weir Solicitors

Contracts of Employment

There is no legal requirement for your employer to provide you with a written employment contract. Your employer must, however, provide you with a written statement of employment terms within two months of your start date. This written statement should include details such as remuneration, terms and conditions regarding working hours, holiday pay, sick pay, notice periods etc.

The law implies duties into employment contracts. You as an employee are bound to provide faithful service to your employer, obey reasonable orders and exercise reasonable skill and care. In return, an employer has a duty to provide work and pay wages accordingly, provide a safe system of work and maintain the relationship of trust and confidence which exists between employer and employee.

Collective agreements are relatively rare. They tend to be most used in the public sector, or in industries such as manufacturing where unions are heavily utilised.

If your employer wants to change your contractual terms, they generally will need to do so by mutual agreement.

Discrimination

Discrimination is governed by The Equality Act 2010. This Act prohibits discrimination on the grounds such as age, sex, disability, pregnancy, race and religion. This is not an exhaustive list.

There are two types of discrimination, direct and indirect. Direct discrimination occurs when you are treated less favorably than someone else because of e.g. your sex and indirect discrimination is where a provision or practice is applied across the board which disadvantages e.g. women more than men. There is generally no defence to direct discrimination unless for instance it is an occupational requirement to be male (e.g. for an acting role). When it comes to indirect discrimination, an employer may have a defence that this is a requirement of the business (e.g. there have been cases where women are required to wear skirts to work which have been upheld because there is a reciprocal obligation on men to wear shirts and ties).

Unlike a claim for unfair dismissal (please see below), discrimination does not require a minimum qualifying period of employment. In fact, you can make a discrimination claims even as a prospective candidate. You have 3 months less one day from the alleged discriminatory act complained of to bring a discrimination claim at Tribunal.

Harassment is also unlawful under the Equality Act. This covers situations were an employer engages in conduct which creates an intimidating and degrading atmosphere for you in the workplace.

Click here for further information on discrimination

Need more advice?

If you have a specific enquiry or require further information in relation to your employment law rights, email Philip at pl@lzwlaw.co.uk or call him on 020 7357 9494.

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jdunning1 1 August 2012 Career Advice career advice, contract, discimination, employment advice, employment contracts, employment law, JustEngineers, Landau Zeffertt Weir Solicitors, legal advice, Philip Landau, UK employment, work advice No Comments

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