Nvq3 Business & Admin

UNIT 306 MANAGING THE PAYROLL FUNCTION

Knowledge

1. The Employment Rights Act Legislation in respect of redundancy rights
An employee’s rights under legislation within the Employment Rights Act are:
 To be given written reasons for the redundancies
 To be given written information regarding the numbers of employees affected
 The proposed method for selection of employees to be made redundant
 To receive a “redundancy payment” if employed for over 2 years
 To receive a written statement regarding the breakdown of the payment
 Be allowed reasonable time-off to seek alternative employment (or re-training)

2. Industrial tribunals legislation in respect of redundancy rights
The main legislation regarding industrial tribunals in respect of redundancy rights are set by:
• The Trade Union and Labour Relations (Consolidation) Act 1992
• The Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 1995 (SI 1995/2587)
• The Employment Rights Act 1996
• The Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (SI 1999/1925)
• The Collective Redundancies (Amendment) Regulations 2006.
The legislation briefly states that if an employee disagrees with the employer about their entitlement to redundancy payment they are entitled to take the matter to a tribunal.   This can be done at any time, but if the claim is not brought within six months of the date employment ends, the employee may lose the right to payment.   Although if a written claim is made to the employer during the six month period the employee will not lose their right to payment because of any other delays.

3. Data Protection Legislation
The current Data Protection Legislation lays down several main points regarding the storage and retention of personal information.   These are that all information:
• Be obtained fairly and lawfully
• Be held for specified and lawful purposes
• Be...