Key statutes

Equal Pay Act 1970

An established principle that people of different sexes doing the same job must be paid at the same rate. The principle was extended by an EU directive: work of equal value, though not necessarily the same work, must be remunerated the same. It applies to non-wage conditions as well as to pay packets, e.g. working hours.

Employment Protection Act

This act established the right to complain to industrial tribunals of unfair dismissal. An employer's defence may be one of the following:

• Employee misconduct.
• Employee incapability.
• Redundancy.
• Need to comply with the law.
• Some other substantial reason.

The reason for dismissal must be fair and it should be carried out fairly.

Anti-discrimination legislation

The Sex Discrimination Act 1975 (since amended), the Race Relations Act 1976 and the Disability Discrimination Act 1995 all make it illegal to discriminate in the appointment of employees, pay or how staff are treated on grounds of gender, race and disability. Elements include:

Direct discrimination - such as refusing to appoint a woman to what traditionalists might still call 'a man's job.'

Indirect discrimination - making an unjustifiable requirement that one group is less able to meet than another, such as advanced literacy in English for a manual job, which many non-English speakers will not be able to meet.

Positive action - helping disadvantaged groups to compete equally - is encouraged. But positive discrimination - giving people jobs just because they are black, women or disabled - is illegal.

Employment Rights Act 1996

(consolidating the Trade Union Reform and Employment Rights Act 1993)
This act sets out the rights of virtually all employees to written statements of particulars of contract of employment within two months of starting, including:

• Pay rates.
• Place of work.
• Details of continuous employment.
• Leave entitlement.
• Sick pay.
• Disciplinary and grievance processes.
• Pension rights.

The Act also incorporated EU maternity rights into British law and restated sliding scale entitlements to redundancy payments.

Health and Safety at Work Act 1974

This act established joint employer and employee responsibility for safe working and general duty of care. Ultimate responsibility for employee safety lies with the most senior levels in the organisation and cannot be delegated. The act formed the basis of a whole range of subsequent codes, EU directives and consolidating legislation controlling the workplace environment, notably:

• Control of Substances Hazardous to Health regulations (COSHH).
• Electrical Appliance Inspection regulations (EAIR).
• VDU regulations.
• A general duty to conduct regular risk assessments.

National Minimum Wage Act 1998

The national minimum wage is based on a figure decided by the Low Pay Commission which is in continual dialogue various organisations, including non-profits. It has been £4.10 per hour since October 2001. The national minimum wage development rate (which applies to 18-21 year olds, and to people aged 22 or over if they receive accredited training for six months after they start work with an employer) is £3.50 an hour. The minimum wage does not apply to:

• People who are genuinely self-employed.
• Volunteers.
• People who are under 18.
• Apprentices who are over 18 but under 26 in the first 12 months of their apprenticeships.
• Members of the armed forces.
• People who work and live as part of a family (e.g. au pairs).

The national minimum wage is enforced by the Inland Revenue. In the agricultural sector, agricultural inspectors are responsible for its enforcement. It is a criminal offence to refuse or wilfully neglect to pay the minimum wage, fail to keep suitable records or prevent an enforcement officer from doing their job.

Find out more about other staff issues and examples in the In more depth section.