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Chapter

Cover Employment Law in Context

8. Pay and Working Time  

This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 relating to wages (e.g. the statutory right not to suffer unauthorized deductions from wages, and the right to a guarantee payment).

Chapter

Cover Employment Law

21. Wages and benefits  

This chapter examines the distinct areas of employment law that regulate the payment of wages and benefits. It starts by focusing on the national minimum wage and national living wage legislation, describing how these work in practice and assessing the many debates that still surround the effectiveness and impact of this legislation. It goes on to explain the situations in which employers can and cannot lawfully make deductions from pay packets, the right for all employees to receive an itemised pay statement and the administration of statutory sick pay (SSP). Finally, it briefly discusses the regulation of occupational pension schemes.

Chapter

Cover Smith & Wood's Employment Law

3. Contracts of employment (2): content and wages  

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

Chapter

Cover Smith & Wood's Employment Law

3. Contracts of employment (2): content and wages  

Ian Smith, Owen Warnock, and Gemma Mitchell

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

Chapter

Cover Employment Law Concentrate

3. Pay  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 23 (until 2021, this was 25), the National Living Wage, was introduced in 2016.

Chapter

Cover Selwyn's Law of Employment

8. Protection of Wages  

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.

Chapter

Cover Card & James' Business Law

26. Employment rights, and health and safety  

This chapter examines the employment rights provided by law to employees and workers. It explains that aside from the rights contained in the employment contract, the law provides employees with a number of free-standing rights. These include the right to a national minimum wage, rules relating to the transfer of undertakings, and the numerous family-related rights (for example, maternity and paternity leave/pay, adoption leave/pay, and shared parental leave/pay. This chapter also discusses the mandate for employers to protect the health and safety of their employees and the key provisions of the Health and Safety at Work etc. Act 1974 and the Working Time Regulations 1998.