Women's Rights at Work : A Handbook of Employment Law.

Intro -- Acknowledgements -- Contents -- List of Abbreviations -- Introduction -- 1. Finding a Job -- Advertisements -- Is it Legal Not to Advertise a Job? -- Does the Advertisement Discriminate against you under the SDA or RRA? -- What about the DDA? -- Does the Law Sometimes Allow Discriminatory Advertisements under the SDA or RRA? -- Is it Unlawful for an Employer to Give Instructions to Discriminate? -- Recruitment -- Have you Been Discriminated against in the Offer of a Job? -- What Rules Apply to Job Descriptions/ Specifications? -- What about Application Forms in Terms of Sex and Race Discrimination? -- What about Application Forms in Terms of Disability Discrimination? -- What Selection Criteria Should Employers Use? -- Is there Evidence of Discrimination in the Selection Criteria? -- How do you Get the Evidence? -- What about Aptitude Tests? -- What Questions Should an Employer Ask at Interview? -- What Questions Should Not Be Asked at Interview about your Family Life? -- What Medical Questions Should Not Be Asked at Interview? -- What Questions Can Be Asked of a Disabled Person at Interview? -- What Reasonable Adjustments Should an Employer Make for a Disabled Person? -- What about Discrimination in Offers of Employment? -- What if the Employer Refuses to Make an Offer of Employment? -- What about Positive Action in Favour of Women? -- Can you Have Positive Action under the SDA and RRA? -- Can you Have Positive Action under the DDA? -- References -- Is there an Obligation on your Employer to Provide a Reference? -- Does your Employer Have to Let you See the Reference? -- Can you Challenge what a Reference Says? -- Can you Get a Reference even if you are no Longer an Employee? -- Convictions -- Do you Have to Disclose a Conviction? -- What is the Purpose of the ROA? -- What are the Exceptions to the Act? -- Withdrawal of Job Offer.

Is it a Breach of Contract to Withdraw the Offer of a Job? -- What Should you Do if there is a Breach of Contract? -- Medical Testing -- Do you Have to Agree to a Medical Examination? -- What Happens if you Fail the Medical? -- Can you Claim Negligence? -- 2. Getting Started -- The Contract of Employment -- What is it? -- What are the Express Terms of the Contract? -- What are the Implied Terms of the Contract? -- What are the Implied Terms which Place Obligations on the Employer? -- What are the Implied Terms which Place Obligations on the Employee? -- Is Custom and Practice an Implied Term? -- What about Terms which Become Incorporated? -- Are there any Terms which are Imposed by Legislation? -- Employment Status -- Are you an Employee or Not? -- How do the Courts Apply the Tests? -- What about the Employment Status of Homeworkers and Casual Workers? -- What is a Fixed- term Contract? -- What Rights do you Have under a Fixed- term Contract? -- Can you Waive your Right to Bring an Unfair Dismissal Claim under a Fixed- term Contract? -- What does the European Directive on Fixed- term Workers Say? -- What are Zero Hour' Contracts? -- What is the Status of Someone on a Zero Hours™ Contract? -- Do you Have the Right to Be Paid for the Hours you Have Worked? -- Can your Employer Include a Probationary Period Clause in the Contract? -- Employment of Women from Overseas -- Whom does the Asylum and Immigration Act Apply to? -- What does the Act Require the Employer to Do? -- How does the Employer Know Whom to Ask? -- What Should you do if you are Asked to Produce a Document? -- 3. Equality in the Workplace -- Equal Pay -- What is the Relevant Legislation? -- What is the EOC Code of Practice? -- How does the Equal Pay Act Work? -- Who Can You Have as Your Comparator? -- Who is Entitled to Claim and what Can Be Claimed?.

How Long Can you Backdate your Claim for? -- What does the Concept of ‚Like Work™ Mean? -- What does the Concept of ‚Work Rated as Equivalent™ Mean? -- What is an Analytical JES? -- Is your Case Scuppered if you Score Less Points than a Man under a JES? -- What does the Concept of ‚Equal Value™ Mean? -- What Procedure do you Have to Follow in an Equal Value Claim? -- What is a Material Factor Defence? -- What does the Employer Have to Prove? -- When does the Employer Have to Justify Objectively the Difference in Pay? -- Discrimination in Pay Systems -- What about Seniority and Service- related Benefits? -- What about Bonuses and Performance- related Pay? -- What about Overtime and Shift Premiums? -- Maternity Rights -- What Statutory Protection is there? -- What Maternity Rights do Women Have? -- What does a Woman Have to Tell her Employer and When? -- When Can a Woman Start her Maternity Leave? -- What about Women with at Least One Year™s Service? -- What Rights do Women Have on Return to Work after Additional Leave? -- What Happens if the Woman does Not Comply with the Notice Requirements? -- What Happens to Holidays during Maternity Leave? -- Who Has the Right to Statutory Maternity Pay? -- What do you Receive under SMP? -- What Happens if you do Not Return to Work? -- Who Has the Right to Maternity Allowance? -- What Happens to your Occupational Pension? -- What about a Right to Time Off for Ante- natal Care? -- What about Time Off for Fertility Treatment? -- What General Health and Safety Rules Apply? -- Are there Any Health and Safety Rules for the Protection of Women? -- What if your Employer does Not Carry Out an Adequate Assessment? -- Are there Any Health and Safety Rules Relating to Breastfeeding? -- What about Dismissal/ Selection for Redundancy? -- Part- time Workers -- Do you Have a Legal Right to Work Part Time?.

What Protection do the Part- Time Workers Regulations Provide? -- Who Can the Part- timer Compare Herself With? -- What are the Principles Underlying the Regulations? -- What Protection do the SDA and EqPA Provide? -- How do the Regulations Improve on Existing Legislation? -- What about Time Limits for Bringing a Claim? -- Job Sharers -- Sex and Race Discrimination -- What is Direct Discrimination under the SDA and RRA? -- Who does the Woman Compare herself with? -- Was the Woman Treated Less Favourably because of her Sex/ Race? -- Whom Can you Bring a Claim against? -- What Defences Can Employers Use? -- What is Indirect Discrimination? -- What Constitutes a Requirement or Condition? -- Is there a Disproportionate Impact on Women? -- How do you Get the Information you Need? -- How do you Work Out the Proportions? -- Has the Woman Suffered a Disadvantage because she Cannot Comply with the Requirement? -- Can the Employer Justify the Requirement or Condition? -- What Arguments by the Employer are Likely to Succeed? -- How do the Victimisation Provisions Work? -- How do the Victimisation Provisions Operate? -- Is Post- employment Victimisation Lawful? -- Do you Have to Have Direct Evidence of Discrimination to Prove your Case? -- Disability Discrimination -- What do you Have to Prove for a Disability Claim to Succeed? -- Whom does the Act Apply to? -- What Constitutes a Physical or Mental Impairment? -- What Conditions are Excluded by the Act? -- What is Meant by a Substantial Adverse Effect? -- How Long is Long- term? -- What are Normal Day- to- day Activities? -- What Constitutes Discrimination under the Act? -- Who do you Have to Compare yourself with? -- What Would Constitute a ‚Substantial™ Reason for Less Favourable Treatment? -- What Reasonable Adjustments does an Employer Have to Make?.

What if your Employer does Not Know about your Disability? -- What Adjustments Might an Employer Have to Make? -- How Can an Employer Justify Discriminating against a Disabled Person? -- How do the Victimisation Provisions Work? -- Who Can you Sue? -- Transsexuals -- Sexual Orientation -- Age Discrimination -- What does the Code of Practice on Age Say? -- Will the Code Be of Any Use to Women? -- Can Equal Opportunities Policies Be Enforced? -- Promotion, Transfer and Training under the SDA and RRA -- What Protection Exists? -- What Can you Do about Discrimination in Promotion? -- What about Discrimination in Appraisals? -- What about Discrimination in Training Opportunities? -- What if the Woman was Refused a Transfer or was Transferred against her Will? -- What about Discrimination in Terms of Benefits, Facilities and Services? -- Promotion, Transfer and Training under the DDA -- Family Friendly Policies -- What Parental Leave are you Entitled to? -- What does the Fallback Scheme Consist of? -- What about Time Off for Dependants? -- 4. Conduct and Rights at Work -- Contract of Employment -- Can your Employer Vary your Contract? -- Does your Contract Stipulate a Notice Period? -- Deductions from Wages -- Who Can Claim? -- When Can an Employer Make a Deduction? -- What are Wages? -- What are Deductions as Far as the Law is Concerned? -- What Deductions are Excluded from the Employment Rights Act? -- What Happens if your Employer Overpays you? -- National Minimum Wage Act 1998 -- Who is Covered? -- How is it Calculated? -- What about Overtime Payments? -- How do you Work Out your Gross Salary? -- How Many Hours Have you Worked? -- What Type of Work do you Do ΠIs it Time Work? -- What Type of Work do you Do ΠIs it Salaried Hours Work? -- What Type of Work do you Do ΠIs it Output Work? -- What Type of Work do you Do ΠIs it Unmeasured Work?.

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An easy-to-read reference guide to women's employment rights that aims to give women the confidence to assert these rights.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.