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Jobholder
A jobholder is a new type of employment status in UK labour law, that was introduced by the Pensions Act 2008, sections 1 and 88. Jobholders are entitled under the Act to be automatically enrolled in an occupational pension. Meaning Section 1 of the Act reads: In turn, section 88 defines a worker in the same way as the Employment Rights Act 1996 section 230, as someone either with a "contract of employment" (on which, see '' Autoclenz Ltd v Belcher'') or someone who personally performs work but is not a client or a customer. Consequence The concept of jobholder was a fifth type of employment status in UK labour law. It joins, *"employee" under ERA 1996 section 230, see '' Autoclenz Ltd v Belcher'' *"worker" under ERA 1996 section 230 *"employment relationship" under EU law *"worker" under EU law, see ''Pfeiffer v Deutsches Rotes Kreuz'' In the ERA 1996 section 205A, the government also created a new "employee shareholder" status, although the takeup of this was so poor that i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can Codeterminati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pensions Act 2008
The Pensions Act 2008c 30 is an Act of the Parliament of the United Kingdom. The principal change brought about by the Act is that all workers will have to opt out of an occupational pension plan of their employer, rather than opt in. A second change is the creation of a National Employment Savings Trust, a public pension provider for those who do not have an occupational pensions, which will function as a low-fee pension scheme in competition with existing funds. Key provisions Automatic enrolment The cornerstone of the Pensions Act 2008 is the introduction of automatic enrolment. This provision requires employers to automatically enrol eligible workers into a qualifying pension scheme. The key aspects of automatic enrolment include: * Workers aged between 22 and the State Pension age, earning above a certain threshold (initially set at £5,035, later increased to £10,000), must be automatically enrolled. * Instead of choosing to join a pension scheme, workers now have to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975, and thWages Act 1986 It deals with rights that most employees can get when they work, including Unfair dismissal in the United Kingdom, unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Autoclenz Ltd V Belcher
''Autoclenz Ltd v Belcher'' 011UKSC 41is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights. As Lord Clarke said, Facts Twenty car valeters, including Mr Paul Huntington and Mr Belcher, worked for Autoclenz Ltd in Measham, Derbyshire. Autoclenz Ltd had contracted with British Car Auctions Ltd (BCA) to provide valeting services. The valeters engaged by Autoclenz claimed holiday pay and pay at the rate of the national minimum wage. They had each signed contracts describing them as self-employed. Paul Huntington worked full-time from 1991 until the hearing before the Employment Tribunal (and thereafter) except for a few weeks working f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ERA 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975, and thWages Act 1986 It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pfeiffer V Deutsches Rotes Kreuz
''Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV'' (2005C-397/01-403/01is an EU law and European labour law case concerning the Working Time Directive. It is relevant for the Working Time Regulations 1998 in UK labour law. Facts Workers of the German Red Cross, including Mr Pfeiffer, who served as emergency workers, doing ambulance runs claimed that a collective agreement that set their hours at 49 hours per week violated the Working Time Directive. The Red Cross contended that as emergency workers they were akin to civil servants and thus fell outside the Directive's scope. Judgment The Grand Chamber of the Court of Justice held that workers could not be asked to work 49 hours a week by a collective agreement. They had to opt out individually. As a starting matter it held that the exception for civil servants was not applicable, holding that ‘the civil protection service in the strict sense thus defined, at which the provision is aimed, can be clearly distinguishe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the " European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
