NALC Legal Topic Notes: Employment

This page contains Legal Topic Notes which include information on Employment.

 

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1/4/2016 - 2016 - 2017 NATIONAL PAY SCALES

 

Please find attached the 2016-17 National Pay Scales

 

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[22] DISCIPLINARY AND GRIEVANCE ARRANGEMENTS

 

1. This LTN provides guidance on:

• the disciplinary process: how councils can deal with concerns about employee misconduct or poor performance

• the grievance process: how employees can raise work-related concerns

 

 

 

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[23] HEALTH AND SAFETY

 

The Health and Safety Executive (HSE) advises that over 200 people lose their lives at work in the UK each year. Additionally, about 150,000 non-fatal injuries are reported and an estimated 2 million suffer from ill health caused or made worse by their work. Local councils are made up of over 80,000 councillors and employ over 25,000 staff and have a legal responsibility to ensure the safety of its employees and others.

 

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[24] THE HUMAN RIGHTS ACT 1998

 

The Human Rights Act 1988 (the 1988 Act) (which came into effect in October 2000) incorporates the European Convention on Human Rights into UK law (England, Wales, Scotland and Northern Ireland). Prior to the Act, any party who believed that his convention rights had been breached was required to take his case to the European Court of Human Rights (ECHR) in Strasbourg. The aim of the Act is to incorporate all the provisions of the Convention into UK law so that individuals can benefit from their rights in the UK courts; without having to go to Strasbourg.

 

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[25] SEX DISCRIMINATION

 

As of January 2013 this Legal Topic Note no longer contains current legislation and has therefore been replaced by Legal Topic Note 78


 

[26] RACE DISCRIMINATION

 

As of January 2013 this Legal Topic Note no longer contains current legislation and has therefore been replaced by Legal Topic 78


 

[27] DISABILITY DISCRIMINATION

 

As of January 2013 this Legal Topic Note no longer contains current legislation and has therefore been replaced by Legal Topic Note 78


 

[30] DEFAMATION

 

A defamatory statement is one “which tends to lower a person in the estimation of right-thinking members of society generally or to cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule, or to convey an imputation on him disparaging or injurious to him in his office, profession, calling, trade or business” (Halsbury’s Laws of England).

 

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[34] RETIREMENT GRATUITIES

 

The current regulations which govern the payment of gratuities are contained in Part VI of the Local Government (Discretionary Payments) Regulations 1996, SI 1680 (“the 1996 Regulations”). The Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011, SI 2954 (“the 2011 Regulations”), will come into force on 16 January 2012 and will revoke Part VI of the 1996 Regulations. The effect of the 2011 Regulations is that after 16 January 2012, councils will no longer have the discretion to pay a retirement gratuity. However, the Government’s view (with which NALC is in agreement) is that local councils may still fulfil any extant contractual obligations for the payment of gratuities There is a separate NALC employment briefing which gives more information about the background to and effect of 2011 Regulations.

 

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[36] UNFAIR CONTRACT TERMS ACT 1977

 

The aim of the 1977 Act was to regulate two contractual principles which had developed prior to the introduction of the Act. The two principles enabled:

  • contracts to contain clauses which exempted one party from any liability to the other even where the other had been killed or injured by the fault of the first party; and
  • notices to be used to disclaim liability for actions or situations not arising from contract.

 

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[79] STAFF PENSIONS

 

Staff Pensions - revised May 2016

 

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