Employment Rights Act 1996, No. 18 (as amended) (ERA)

The Employment Rights Act 1996 is a significant piece of legislation in the UK that outlines the rights and responsibilities of both employers and employees. It serves as the cornerstone of employment law, ensuring fair treatment, protection of rights, and the establishment of clear workplace standards.

Purpose: The primary purpose of this Act is to provide a legal framework that governs the relationship between employers and employees. It aims to ensure fair treatment in the workplace, protect against unfair dismissal, and grant rights concerning pay, leave, and working conditions.

Requirements:

1. Fair Wages: The Act ensures employees receive fair remuneration for their work, including stipulations for minimum wage and equal pay.
2. Employment Terms: Employers must provide employees with a written statement of employment terms within two months of the employee's start date.
3. Protection from Unfair Dismissal: Employees have the right to be protected against unfair dismissal, with stipulations around the process and reasons for which an employee can legally be dismissed.
4. Redundancy Rights: The Act outlines rights related to redundancy, ensuring that employees are treated fairly and receive appropriate compensation if made redundant.
5. Family Leave: It includes provisions for maternity, paternity, adoption, and parental leave, ensuring that employees can take necessary time off for family responsibilities.
6. Working Hours and Health & Safety: The Act covers rights related to working hours, rest breaks, and health and safety protections in the workplace.

Applicability: The Employment Rights Act 1996 applies to most workers and employees in the UK, including part-time, full-time, permanent, and temporary staff. However, there are certain exclusions and specific conditions for different types of employment which can affect the application of some rights.

This Act is essential for establishing the standards of fair practices in employment within the UK, guiding both employers and employees in their professional relationships and ensuring that the workplace is equitable and just.

The Employment Rights Act 1996 requires various forms of documentation and records to ensure both compliance with the law and protection of the rights of employees. The evidence requirements under this Act are crucial for resolving disputes and enforcing rights within the workplace.

Key Evidence Requirements:

1. Written Statement of Employment Terms: Employers must provide employees with a written statement of the main terms of employment within two months of the employee's start date. This statement should include details such as pay, working hours, job description, and place of work.
2. Pay Slips: Employers are required to provide employees with itemized pay slips that detail their gross pay, deductions, and net pay. This ensures transparency in wage calculations and deductions.
3. Records of Working Hours and Leave: Employers need to maintain accurate records of employees' working hours, including overtime, and all types of leave taken (e.g., annual leave, maternity/paternity leave) to ensure compliance with regulations on working hours and statutory leave entitlements.
4. Documentation of Disciplinary Procedures and Grievances: Employers should keep detailed records of any disciplinary actions and grievance procedures. This includes documentation of the steps taken during the process, communications between the parties involved, and the outcomes.
5. Redundancy and Dismissal Records: In cases of redundancy or dismissal, employers must document the reasons for these decisions, the process followed, and any calculations for redundancy payments. This is essential for demonstrating that the dismissal or redundancy was handled fairly and lawfully.
6. Health and Safety Records: Employers are also required to keep records related to health and safety, including risk assessments and incidents of accidents or injuries at work, to comply with related statutory requirements.

These evidence requirements are vital for enforcing the rights established by the Employment Rights Act 1996 and for providing clear and accessible information that can be used in legal proceedings or dispute resolution. They help ensure that both employers and employees adhere to the legal standards and maintain fair workplace practices.