Employment Law

Clause one of the employment contract doesn't give a clear description of the job that the employee is expected to do. By stating that the job "entails stacking slippers for collection in the North of England only" this is indicating that this will be the only duty he ever has to carry out, and it doesn't give the employer much flexibility if he ever wishes to change this. The 1996 Employment Rights Act states that a full job description must be given therefore a wider job description needs to be included. This should detail the specific duties required of the employee. If the employer included the words North Of England, rather than "North Of England only" it would give him mobility to change the clause by mutual agreement and within reason, at a later date.

There isn't enough information on the amount of hours that the employee is expected to work, also I have no idea of the employees age therefore I cannot calculate if the £8,600 a year wage meets the requirements of the National Minimum wage Act 1998. The current NMW is £4.20 per hour for people over 21, £3.60 per hour for 18-21 year olds, or older people receiving accredited training. The clause also states "the employer may deduct from the employees wages any amounts it thinks fit to cover breakages or loss". This is against the Employment rights Act 1996, section 13, as the law protects individuals from having unauthorised deductions made from their wages, including complete non-payment. The only time when an employer can deduct from an employees wages is in the case of an overpayment of wages. The cost of disciplinary proceedings held by virtue of statutory provision, or the cost of any industrial action to deductions, to satisfy court orders. One of three conditions has to be met for an employer lawfully to make deductions or receive payments from a worker. The deduction or payment must be:
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* Required or authorised by legislation (for example, income tax or national insurance deductions)

* Authorised by the workers contract - provided the worker has been given a written copy of the relevant terms or a written explanation of them before it is made.

* Consented to by the worker in writing before it is made.

Protection for individuals in retail work make it illegal for an employer to deduct more than ten per cent from the gross amount of any wages (except the final payment on termination of employment) if the deduction is made ...

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