Terms Implied by Statute

Terms Implied by Statute

  • Equal Pay Act 1970
    • Equal pay for like work or work of equal value
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Disability Discrimination Act 1995
  • All these give employees the right of equal treatment and not to be discriminated against. This was similar in the trial of John, Double Glazing Glasgow windows

 

  • Health & Safety at Work Act 1974
  • Employment Rights Act 1996
  • Statutory minimum notice period
  • Right not to have unlawful deductions made from wages
    • Commonly referred to ‘protection of wages’ legislation
    • Applies to ‘workers’
      • Taken as meaning employees, independent contractors and all hired staff
    • Basic right-the employer is not to make deductions from wages (s.13) unless;
      • It is authorised by statute (PAYE), OR
      • It is authorised by the worker’s contract, OR
      • The worker has previously signified his consent in writing
    • A deduction is defined as being the total amount paid to the worker being less than the total amount properly payable. (s.13(3))
    • The listed exemptions are;
      • Overpayment of wages or expenses
      • Deductions in respect of industrial action
    • Wages are defined (s.27) as ‘any sums payable to the worker (by his employer) in connection with his employment-including any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise
  • Any sum will amount to ‘wages’ if both the employer and the employee would usually expect it to be paid.
  • NB payments in lieu of notice are not wages (s.27-these are regarded as liquidated damages for breach of contract), neither are (27(2))
    • Advances of wages as a loan
    • Expenses
    • Redundancy payments
    • pensions
  • Right to maternity/paternity