Steps involved in the selling process in Employment contracts

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this is a lecture from open tuition to benefit from the lecture you should download the free lecture notes from open tuition calm this chakra deals with employment law and as also covers some aspects of bribery corruption sanitation payments dealing with money laundering problems and whistleblowing some of which we've mentioned a little bit earlier and what the end it looks at the duties on the data protection legislation but first of all what's meant by employment when are you an employee and this hinges on whether you are regarded as having a contract of service that's when you become an employee or whether you simply have a contract to provide services so for example if I wanted to have a let's say my bathroom refitted and I hire a plumber for a week or something of that sort then that plumber does not become my employee this person is really entering into a contract to provide plumbing services there are quite complicated rules about deciding whether to contract the service or services it's principally to do with taxation because the taxation of employees and employers and employees and self-employed people is really quite different when you become an employee you expect to have terms of employment you don't necessarily have the early written contract of employment but many people do on this claim and those terms can be set out in the contract they can be set out in the engagement letter that you've been sent it could be a verbal arrangement it could be the employee handbook which sets out holiday and sick pay arrangements but sometimes the law will intervene many countries of laws are setting out the minimum wage rate or law setting out the maximum hours you permitted to work in a week in the UK even if there's not a formal contract you have to be provided as an employee with a rape written statement of particulars likely employers name salary pension entitlements they the notice period the webinars a fixed term contract will end in two years and so on as a full list of this in your notes there are implied terms in all employment contracts for example it is required of the employer to behave in such a way to maintain the handing employee as well to maintain neutral trust and confidence so if either party acts unreasonably to undermine mutual trust and confidence then the employment contract might be broken and we'll see this something called constructive dismissal whereby you can sometimes regard the behavior of your employer as being so outrageous that it completely undermines the employment contract and effectively you regard yourself as having me dismissed there's a duty of fidelity this is this kind of honesty honesty really by the employee to the employer not to spill the secrets of the employer to interact in the best interest of the employer and this becomes particularly contentious when you change employer because at your old employer you will know about their products you know about plans for new products you'll know about their customers you maybe know what prices are paying to their suppliers and when you move to the new employer will take all of that knowledge with you and of course there's a danger you begin spinning the secrets of the old employer believe it or not though there is a duty of the steel finger employer didn't say much more about that you should obey the reasonable and lawful instructions of you oh yeah so people above you called supervisors or managers there is an implied part of your contract that you'll do what they say provided is reasonable provided its lawful employees must exercise reasonable care and skill now what is reasonable care and skill depends very much on what you are what your qualifications are so if you are qualified as an accountant then the reasonable care and skill with regard to may be preparing estimates and budgets will be higher than what it might be expected from somebody who has got no accounting training employers are required to provide a safe working environment for their employees could see much more about this when we come on to looking at health and safety employees should supply what's necessary to do the job in certain circumstances so if you are a let's say a delivery driver then it is a an applied term of the contract of employment that you have a driving licence there is not normally a duty on the employer to provide work so let's say somebody is paid on a kind of variable rate only play paid maybe when they do some work something called the piece rate you are paid per item produced sorry old-fashioned there but it's still possible and let's say in a particular day the employer does not require you to produce anything and if we are not going to be paid there there is no particular duty on the employer to still pay or to provide that very time it becomes a duty as if we need to keep you your skills up and your reputation up maybe you need a certain amount of work to be doing that there is no duty upon employers to provide references if you're seeking new employment and many employers prefer not to because it's rather time-consuming they can get into potentially legal difficulties because if you do choose to supply a reference you have to make sure it's accurate it's not accurate the employee could potentially take some action against you for ruining her chances of reemployment they're in the UK and in much of Europe there is a considerable amount of legislation dealing with discrimination and outlawing discrimination and in the UK we have laws now which essentially outlaw laws to do with discrimination either and hiring people or paying people or promoting people based on the grounds of race or sex with its male or female disability in the UK reasonable adjustments have to be made to the working environment so that disabled people can be employed this would put a higher burden on a very large company very large company would expect that would in a lift to their wheelchairs going up if you are a very small company say to people in this venue on high offices on the first floor then it will be regarded as probably being unreasonable to expect you to put in a lift if you are taking on or wanted a girl want a disabled person we can't discriminate in terms of religion or sexual orientation or age now the three types of potential illegal behavior are rising from discrimination are as follows first of all you can have what's called direct discrimination and this would occur if you put an ad in the paper saying sales and man required because you're asked you you you're implied that you don't want any women to apply for that job that is direct discrimination that's usually very easy to spot by the way you can sometimes get away with a little bit of discrimination if it is absolutely inherent in the job so so if you were advertising for actors to play Romeo and Juliet you would be permitted as things are at the moment to insist that the the person playing Romeo was male and consistently person playing Juliet was female and there are a few other very kind of exceptional rules on discrimination indirect discrimination is harder to find or harder to maybe recognize in advance so if you put an advert in the paper saying salesperson required and then said that the person must be two metres tall the large black beard then affecting this indirect discrimination there because it is relatively unlikely that female applicants will be able to comply with the condition that they're two meters tall with a large black beard and this is where many organizations inadvertently fall into discrimination for example there was a case in the UK were within a company people were going to be going on to some sort of foster management course and it's said to be eligible for this course you have to be under the age of 30 and you have to be a let's say supervisor for three years and I was held to be discriminatory against women because many women have turn out after turn out to have children so around the birth of the child and afterwards they have maybe a year or something of that sort so it is much harder for women and men to be 30 and her three years would be supervisory experience because they said they haven't at the time to do that so there was a it wasn't deliberate direct discrimination but it kind of sneaked up on people as being unfair and then there is victimization and victimization is what happens if an employee takes their employer to what's called a employment tribunal this is where these discrimination claims are heard and the employment tribunal finds on the side of the employee and an employee it kind of goes back to work or yeah goes back to work and then people are nasty you lied to that employee because they're taken the employer to the tribunal and give them a hard time that is victimization and that in itself is illegal the idea of diversity in employment is something which people have really encouraged now in the UK over the last 10 to 20 years a diversity is where you try to have employees that match the composition and makeup of the population as a whole rather than just for example in a company going for white male University maybe public school educated people who are maybe like the existing managers diversity is saying know that you know what to do that apart from there maybe being discrimination in it but believe me if it wasn't going over the discrimination laws you don't actually want that you shouldn't want that what's the point in having more people the same as used when we weren't saying and the thrust against having this kind of monoculture are trying to encourage diversity is you simply get a wider range of candidates if you simply say I just want male candidates you are here you're cutting out half of the population which is sinning or if you are away saying I want all employees to work conventional working weeks nine to five five days a week then of course you could be making it very difficult for parents and parents many parents might want to work three days a week and maybe they want to apply days a week but they wanted to leave work at 3:00 so they configured to run up and so on if you don't offer that flexibility again you could be turning your back on an awful lot of talent people it may be used to work for you I were very good but now other commitments mean they can't so diversity will widen the pool candidates it'll give you a greater range of skills not just technical skills but social skills getting on with a wider range of people it matches customers you would feel perhaps a little bit intimidated as a customer if a people supply you with the Google services were very different to the people you people you regard like yourself or people you are used to so it's here to make your customers feel more comfortable and diversity is probably a good thing and of course are going to be reputational advantages once you get the reputation of being an open and fair and adversity employer you will probably attract better candidates and you may attract a whole extra range of customers so apart from any kind of moral or ethical push if you like to encourage diversity you can justify it very much in terms it will almost certainly increase your profit and improve the quality of people who are working for you bribery corruption and whistleblowing if you remember this week a we talked about this a little bit in ethics primary is giving some sort of financial inducement to someone to do something they shouldn't do so we're giving a customs officer and you pay the customs officer to push goods through the import system without raising the proper taxes and duty on that that is primary facilitation payments sometimes called grease mugging is where you pay somebody to do more quickly or more efficiently something you should be doing anyway so your goods come to the front of the queue for customs both of those in the UK are regarded as are illegal so mainly zarkan legal acts and you must not do them whistle blowing whistle blowing can be as its defined here making a disclosure that is in the public interest it is an employee's seeing something wrong in their employer employer doesn't worry about it covers it up repeats it and so on and you are convinced that the new this is this is wrong this is against the public interest in some way in the UK employees are given protection if they embark on whistleblowing provided certain things are in place first of all you have to be whistleblowing about it share criminal offence or in someone's health and safety is in danger you are now dog whistle boy or if there's a risk or actual damage to the environment so if on the quiet your employer is releasing nasty stuff into the river then that would be grounds for whistleblowing if you think there's a miscarriage of justice and so silly you think your employer's got away with something that they shouldn't have because it fell lies making sure the court case the company is breaking the law if a company isn't paying its correct taxes or is making people work far longer than the law requires until then then you'd be like the whistle blow or you believe that someone is covering up a wrongdoing and then you are allowed to whistle blow you allowed to divulge this information to the authorities however it has to be done basically in good faith it must actually be in the public interest so to be protected by law the whistle or a must believe what they are saying is basically true they're not making it up it's not a malicious invention if you like just to get your own back on your employer because you didn't get that promotion you are hoping for you must reason to leave information to be substantially true again to get away from it is just just stirring up a problems in revenge or maliciously something of that sort and you must reasonably be believe that you're making disclosure to the right person and that would tend to mean that you can't go off immediately to a newspaper so usually within the company there might be people that you could report the wrongdoings to if the company doesn't take any action then maybe you will seek legal and I so you go to your C mail your professional Institute and so on and really only as a last resort would you tend to be justified and saying well the only proper disclosure I have left is publicity maybe going to newspapers a tes money laundering money laundering is were a come me or a person tries to conceal the source of funds because the source of funds have is essentially illegal it's from drug money prostitution people smuggling whatever it's going to be and what we want to do is this to conceal these process but nevertheless make it look as though they have a legitimate origin I mean obviously one way you could conceal proceeds is just to hide it but that's not going to give you much pleasure what people with these drug money want to do they want to spend it they want to spend it on flashy cars usually and what money laundering does is it tries to clean it is basically cleaning it's dirty money but we want to make it look as those legitimate income and the three processes here first of all this placement in other words you try to convince people this money has been earned legitimately from a legitimate business business was based on cash are very suitable for this and sort of businesses that have been used in the past for money laundering are things like taxi businesses because of course most people paid a taxi fare by cash and maybe a taxi driver or a taxi company maybe its earnings in the week from a taxi company is thirty thousand they just bump it up to forty thousand and the extra ten thousand is then kind of bringing in the money from the drug trades another place is fee nose because again s is pretty much a cash business and all you say well I didn't just win twenty thousand from from from these gamblers actually I won new 30,000 rupees gamblers and again an extra ten thousand is banked of course when it's banked when it's part of legitimate business it's going to be taxed but these people say well that's a cheap price to pay to be able then to spend it you know without any suspicion in twenty percent is lost on a twenty thirty percent is lost but the other seventy or eighty percent now is something which I can maybe begin to spend safely however having a gotten into a legitimate business people are still not quite satisfied because if the authorities can at some point prove that came from an illegal business they can grab this money of the person so what we then usually embark on is a process will of layering which is where this money ostensibly from legitimate business gets paid into one bank account out of that bank account into another bank account paid abroad various bank accounts abroad etc etc etc so the the money trail if you like is very much concealed so it's going to be very hard later on for the authorities to say this ten thousand pounds came from that because it's gone through all of these confusing kind of processes in the middle and that's layering and then finally we have to bring it back again we have to get it integrated in the economy so if you've passed it around all of these banks and maybe it's ended up abroad what you want to be able to do is say well this money is that come from abroad because I've sold my villa abroad and this is just the proceeds coming back and then these people can they can spend it freely and safely without any risk of it being grand backed by the authorities now if you have suspicions of money laundering in the UK and the emphasis here is not on proof emphasis here is on a suspicion then this should be reported to the authorities it doesn't mean immediately as an employee you go and ring up the police businesses should establish terms of accountants establish they establish what's called money-laundering officers people who are risk responsible where your fears about money laundering should be kind of pass through and this person then you know takes a more skilled view perhaps on whether it is money laundering you also have to avoid what's called tipping off if you're out doing some sort of assignment with a client some sort of consultancy assignment and you see something that looks like money laundering you can't say to this plan by the way I'm reporting you to the authorities okay I think it's money laundering that's tipping off because of course this person is immediately going to take kind of emergency action to conceal even further the money laundering activities