What obligations/duties does the employer owe to the employee ?
An employer owes their employee the following duties, which again can be implied by the law or may be found in the employment contract.
1. Duty to pay the employee the agreed amount if the employee arrives for work and is able to work.
2. Provide the employee with work to do, (this is limited). However, for example, if the employee is paid by commission and the employer does not give the employee any work or if not working could damage the employee's reputation, for example if you are a senior executive in a company. Then the employer may have broken their duty to the employee.
3. Observe Health & Safety Regulations.
4. Give employees correct information about rights under their contract.
5. Give employees reasonable opportunity to have their complaints looked at.
6. There is no duty to provide references to an employee. (except where the reference is required by the Financial Service Authority.) However, if a reference is provided the employer owes a duty to the employee to make sure the reference is completed with reasonable skill and care and is true, accurate and fair. The employer also owes a duty to the receiver of the reference not to make any negligent statements about the employee.
7. The employer and employee also owe each other a duty of "Mutual Trust & Confidence", basically they must show respect for each other.
Examples of breaches:
Harassing or victimising employees, particularly in front of other employees who are less senior than the victim.
Physical violence by employer or employee.
Theft by employee.
There is no duty to pay Contractual Sick Pay.
There is an obligation on an employer to pay statutory sick pay for the first 28 weeks an employee is absent due to sickness in any period of 3 years. If an employee is eligible.
Employees entitled to at least 4 weeks holiday in any one year period.
What should be included in an employment contract ?