Employer rights and responsibilities are also important to Theatro Technics. Employer rights include no discrimination. Employers have other rights such as to refuse training or to block the internet access of an employee. Their responsibilities are to protect the health and safety of an employee and asses risks in the workplace. They must also inform employees of any health and safety risks. Employer rights
Theatro Technics has to by law abide by the health and safety act. If they don’t then they could be closed down by the government. The Health and Safety at Work Act (HASAWA) 1974 says that: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees". More recently, Regulation 4 of the Management of Health and Safety at Work (MHSW) Regulations 1992 lays down that every employer shall make arrangements for the "effective planning, organisation, control, monitoring and review of the preventive and protective measures".
Sample Employment Termination Contract
As I worked at Theatro Technics I was lucky enough to be shown a method of resolving a dispute. Most employees are familiar with employment contracts, (they cover all the issues of the job and the employees and employer's rights and responsibilities.) Sometimes the employers and employees also have a contract that covers just the end of the employment relationship. It includes some of the issues covered in the employment contract plus additional obligations or benefits the employers and employees negotiated at termination. It might also contain a "release" by the employee of any claim he or she might otherwise have against the employer, in exchange for a nice severance package. Theatro Technics found that an employment termination contract is the best way to protect themselves and the employee as they leave one job and start another.
TERMINATION CONTRACT
Employer Theatro Technics and Employee Jamie Morrison hereby agree to this Termination Contract.
Employee and Employer had an employment agreement from [02/04/2003] to [02/10/2008], in which they agreed that they would resolve any employment dispute as follows Tribunals are bodies outside the hierarchy of the courts with administrative or judicial functions. They constitute a substantial part of the system of justice in the UK and have a widespread impact on people's lives. Many disputes are resolved by tribunals, which cover a wide range of matters. And Arbitration (This is sometimes described as a 'private version' of going to court. It involves an independent arbitrator who is impartial and who will hear both sides of the disagreement and then make a decision to resolve the problem.
You and the other person or company must both agree to go to arbitration and to accept the arbitrator's decision.
The process is confidential and so is any amount of compensation that the arbitrator awards. Sometimes the arbitrator makes their decision based on papers that each person gives them to support their case.
At other times they hold a hearing where both sides can present their cases. However, this is usually less formal than a court hearing.
Arbitration is binding, so you can't take your case to court after the arbitrator has made a decision unless the arbitrator has made an obvious legal mistake or behaved improperly.)
Employee hereby agrees and obligates himself to the following:
1. Employee will not engage in any competition with Employer for the period of 2 years, which includes employment with another company in the same or similar business as Employer, establishment of a new company in the same or similar business as Employer, or any contractual arrangement under which Employee consults, advises, or assists another company in the same or similar business.
2. Employee will not engage in conduct or make statements relating to his employment or this Termination Contract that can be construed as critical or derogatory of Employer its employees, agents, partners, shareholders, officers, directors, and affiliated companies.
3. Employee releases and discharges all claims, complaints, charges, disputes, and demands against Employer and its employees, agents, partners, shareholders, officers, directors, and affiliated companies, except for claims, complaints, charges, disputes, or demands that could arise from a breach of this Termination Contract, such as claims for back pay, front pay, damages, and fees such as attorneys' fees, that could arise from federal or state employment laws or from any conduct by Employer. Employee has had the opportunity to consult with his attorney and is aware of his legal rights, but knowingly and voluntarily waives those rights to the extent possible under law.
4. Employee will not share, divulge or disclose any information about Employer or its employees, agents, partners, shareholders, officers, directors, and affiliated companies that Employee knows is confidential or is considered a trade secret, trademark, service mark, trade name, patent, or copyright, including information or a product invented or developed by Employee during his employment with Employer.
5. Employee has surrendered to Employer paper and electronic copies of all letters, memoranda, documents, records, and other material that is the property of Employer. Employee has also surrendered to Employer all other tangible property of Employer, including keys, products, charge cards, telephones, pagers, computer and other equipment, and vehicles.
6. Employee will not share, divulge, or disclose the provisions of this Termination Agreement except to Employee's family, agents, representatives, or advisors, or to the extent required by law.
Employer and Employee further agree that in consideration for the above agreements and promises, Employer will pay Employee as follows: A lump sum amount of £12,000. Such severance payment constitutes the entire obligation of Employer to Employee.
Employer and Employee further agree that in the event of any breach of this Termination Contract or default hereunder; the injured Employee or employer has the right to pursue any legal action available to enjoin the breaching party from further injurious conduct and/or to recover from the breaching party damages for such breach or default.
Dated:
Signed:
Safety Policy
The starting point of a good system in Theatro Technics system is the health and safety policy. Section 2(3) of HASAWA requires every organisation with five or more employees to have a written health and safety policy. Smaller organisations should also adopt good practice and accept the need for a written policy as well. Employers at Theatro Technics abide by the safety policy and should:
• state the organisation's commitment to making the health and safety of employees a priority organisational goal.
• set out arrangements for the management, organisation and review of health and safety
• make provision for consultation and co-operation with workforce representatives
• be revised when there are changes in the work or law
• be readily accessible to employees
Organisation and planning
Companies and organisations have to design and establish systems and allocate responsibilities. Managers must:
• integrate health and safety matters into their planning and decision making procedures
• identify and choose methods and techniques that can be used to train and communicate with staff; detect, control or eliminate hazards; and monitor and review performance
• allocate responsibilities and devise a timetable for the implementation of their plan.
Individuals at all levels of management have to be made responsible and accountable for the control and implementation of policy. The organisation must make sure that these people are competent and are given training and access to information and advice appropriate to the extent of the responsibility and the level of risk involved.
What I Think?
This is a contract of termination. I think that this is useful to Theatro Technics because of two points, first, (1) Impossibility of Performance. Impossibility of performance can terminate a contract if an unforeseen contingency prevents the performance of the contract. For example, you contract with a new partner to take over the theatre and the partner dies. The obligation to take over the theatre cannot be completed. The contract to take over the theatre is terminated by impossibility of performance. And the seconds, (1) Rescission. Rescission may terminate the obligations of a contract in a variety of circumstances. One party may have the legal right to rescind the contract, or the parties together agree to terminate the contract. For example, a minor has the right to rescind contracts because a minor lacks competence to make them.
Risk Assessments
Regulation 3 of MHSW lays down that every employer shall assess the risks to the health and safety of his employees to which they are exposed at work. Where the employer employs five or more people, the significant findings of the assessment must be written down. When conducted properly, risk assessments can facilitate a structured approach to identifying risks and determining control measures. Standard forms are normally used to achieve thoroughness and consistency. Official guidance often includes suggested standard formats, though these can be modified to suit particular needs and risk levels.
Risk assessments may be thematic (e.g. stress, violence, manual handling), task-centred (e.g. keyboarding, cleaning, driving) or relate to particular aspects of the working environment (e.g. hot working conditions). Task-centred assessments can be generic (i.e. apply to all situations) or focus on a particular piece of equipment or job. They should record the people at risk; minimum legal standards; existing control measures and the need for further action. Workers must be consulted as part of the risk assessment. They will often know the hazards and risks of their jobs better than anybody else.
Monitoring
Two types of monitoring system must be implemented:
1. Active systems which monitor the achievement of objectives and the extent of compliance with standards. Regular and carefully conducted inspections, covering one or all parts of the premises or one specific work activity (e.g. keyboarding or manual handling), provide information essential for conducting risk assessments, verifying whether plans are being implemented and objectives achieved. A written record must be taken, circulated to others with specific health and safety responsibility and made available to employees.
2. Reactive systems which monitor accidents, ill-health, incidents and other evidence of deficient health and safety performance. Recording and reporting systems and subsequent investigations are important elements of a good monitoring system. All accidents and near-misses must be recorded in an accident book. Employees should be encouraged to record such events and they have the right to record accidents in the terms they see fit.
Review
All health and safety management systems need regular review. Changes in the law, production systems or working methods should all trigger an evaluation of existing arrangements. In addition a periodic review of the whole system should take place. An annual review would be appropriate in most cases. An independent audit should take place at less regular intervals. An independent assessment of the validity and reliability of management planning and controls systems may help to avoid complacency on the part of those managing the system and provide welcome input on how improvements could be made. Employers at Theatro Technics are responsible for providing a safe and healthful workplace for their employees. OSHA’s ( role is to assure the safety and Health of America’s working men and women by setting and enforcing standards; providing Training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.
Health and safety issues are a matter that could affect the health and safety of an individual.
This could include an employee of Theatro Technics or a customer. An example of a Health and safety fault could be a puddle without a wet floor sign or an out of date drink in the bar. Health and safety problems should be eliminated and the teams devoted to preventing any failures should be diligent in their work.
Conflicts between stakeholders are common as I have discussed in the stakeholders section. In this section I’ll be discussing internal conflicts.
Disputes can arise from discrimination and other issues, but also things like personality clashes, frustrations at work and favouring one employee after another.
Theatro Technics grievance procedure is interesting. The standard procedure runs basically on four strikes before you’re fired, they are:
- Oral warning.
- Written warning.
- Final written warning.
- Dismissal.
After the last strike the employee will be fired (dismissed). This is the final penalty, although a serious offence can lead to instant dismissal.
Each of thee warnings remain on the record for a year. Another offence in that year will lead to another strike.
Following a more serious grievance (E.G. an allegation of racism), under normal procedure the relevant employees will have an interview together with the Human resources manager of the human resources department who acts as a witness. After the interview the employees have seven days to send a letter of grievance and for the letter to be acknowledged. If this is not completed the artistic director fully investigates the complaint or grievance. If the Artistic Director finds no case then the case ends but if the case is justified then a disciplinary meeting is held against the employee where a judgement is made. This judgement can be appealed through an independent assessor who will recheck the facts. The strike system isn’t used.
Explanation of Employer and Employee rights and Responsibilities in
Theatro Technics
Without Theatro Technics’s regulation on rights, responsibilities, disputes, health and safety issues there would be corruption in the workplace.
Employee and employer rights are designed to create a fair workplace. Without these regulations discrimination would be very common, severely increasing the complexity of dispute solving procedure.
When employees and employers work together they can achieve a clear productive work environment.
Customers would be appalled by the negative behaviour within the theatre and the seemingly poor treatment of employees and employers alike, and would be unlikely to return of recommend Theatro Technics. Sometimes also the law is not sufficient – under the EU regulations, workers must have a break only after six hours of work. Theatro Technics give breaks after four hours, which gives Theatro Technics a good reputation for being “generous”.
Health and safety issues are also very important to Theatro Technics because if an employee or customer is injured due to a health and safety failure, he/she could sue Theatro Technics for negligence. It is an employer’s responsibility to look out for a employee health and safety. Where they fail, they prefer to compensate the injured rather than settle it n court which is expensive and could damage the good reputation of Theatro Technics.
The way the disputes are settled is extremely efficient because disputes can have a big detrimental affect on a business, creating bad publicity and a negative vibe. If there wasn’t this sort of system then it would be easy for bad publicity to appear from an unfair dismissed employee who could sue the business for unfair dismissal. This is why the grievance procedure is important.
Evaluating how it could be done better in Theatro Technics?
I would judge Theatro Technics treatment of rights and responsibilities, disputes and health and safety issues to be very good, even though there is room for improvement.
There are fairly obvious strengths. From what I have researched, Theatro Technics deal with Health and Safety issues quite quickly. Following a health and safety complaint (of which there are very few), the customer service are quick to offer a refund and offer compensation. Disputes are fairly and quickly resolved. Employee rights and responsibilities seem to be assured.
The weaknesses come from different factors. Firstly, as I have stressed before, the level of training to the “basic job” workers for example cleaning, need to be improved. At the current level it is entirely possible that one cleaner could make a simple mistake like leave a mop in an awkward place, causing a customer to trip. Without proper training, disputes are more likely to happen, as employees may not be able to deal with the frustration at work. They may also not respect their fellow employees and their employer’s rights.
Another weakness comes from the lack of a better system to judge what offences are justifiable for dismissing a member of staff. I was told that one employee was instantly fired after attacking a customer, skipping straight to strike four, which is dismissal. There needs to be a better system, perhaps involving rehabilitation, to deal with these problems.
The opportunities to improve how Theatre Technics deal with these subjects come from better training and a precise company policy. This is what Theatro Technics should aim towards, to reduce the number of internal problems making the business better as a whole. Due to the nature of the problems they can never be completely eliminated, but training would make staff become more skilled in dealing with personal and professional issues.
By improving the company policy Theatro Technics can be perfectly clear as to how they deal with problems and create more effective solutions.
The threats come from failure to address the areas for improvement and gain a reputation as a company with unclear morals. However, overall, Theatro Technics deals with employee and employer rights, responsibilities, health and safety quite well.
Health and Safety at work is very important. Many students don't understand their rights and this has led to them working under dangerous conditions. Under health and safety law you have both rights and responsibilities.
