Rest Breaks and Maximum Working Hours of Shop Workers
Employers of retail shop workers are reminded that the Shops Act 2000 sets limits to the number of hours that shop workers can be obliged to work and also provides them to have rest breaks. The written statement of a shop worker who commenced employment after the 19th November 1985 must contain a statement that he or she is not obliged to work
- for more than 5 hours without an interval of at least 30 minutes
- for a total number of hours, exclusive of intervals allowed for meals and rest in excess of 10 hours in any 24 hours; or
- 44 hours in any week.
An employer may face possible prosecution and, on conviction, a fine of £2,500 for including a contractual obligation that contravenes these rules. Notes: There is no requirement on the employer to pay a shop worker during any break. A shop worker who does not wish to take a break or who wishes to work longer hours than he or she is obliged to, may do so but should not be put under any pressure or obligation by the employer. Employers should also consider any health and safety implications which may arise from shop workers working longer hours or foregoing breaks. The Employment Act 2006 requires employers to issue written statements to employees (with some exceptions) within 4 weeks of their commencing employment. Failure to issue or update a written statement is a criminal offence. Further information For further information on the Shops Act and on written statements, including a booklet on how to prepare written statement, please contact the us.
Employment References - Data Protection
The Office of the Data Protection Supervisor has issued guidance on the Subject Access Requests and References. Follow this link to read more.
Employment of Children
The Department of Education and Children would like to remind employers and parents of the main provisions of the Employment of Children Regulations 2005.
The Regulations: –
- specify the minimum age at which children are permitted to work (namely, 13 years);
- regulate the types of employment they are allowed to undertake;
- specify the maximum number of hours for which children of school age may be employed;
- make provision for compulsory rest periods and breaks; and
- require employers to keep a register of children of school age employed by them. Juvenile employment cards are no longer required.
A copy of the Regulations, together with guidance notes and a pro forma register form which can be used by employers, may be obtained from the DoE’s website under the section "Policies and Procedures" and then under "Employment of Children" or, on request, from the Department of Education St George’s Court Upper Church Street Douglas IM1 2SG Tel: 01624 685820 or e-mail: firstname.lastname@example.org
Guidance for employers on the law on preventing illegal working
Section 8 of the Asylum and Immigration Act 1996 (of Parliament) as extended to the Isle of Man by the Immigration (Isle of Man) Order 2008 makes it a criminal offence for a person to employ another person who is subject to immigration control where —
(a) the employee has not been granted leave to enter or remain in the Isle of Man; or
(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him or her from taking up the employment,
and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the DTI.
It is a defence for the employer to show that he or she has complied with requirements specified in an order made by the Department.
Section 8 has been extended to the Isle of Man with effect from 1st May 2008, and an order specifying the conditions which an employee must satisfy, and the requirements with which an employer must comply, came into force on the same date.
A guidance booklet for Isle of Man Employers on the Law on Preventing Illegal Working, which has been produced by the Dept for Economic Development and the Immigration Office, which contains information and best practice advice for employers on how to implement the legislation. The booklet is intended to be a particularly useful reference tool for human resources staff and employment agencies, who are likely to be involved in recruiting new staff. For further information or guidance on immigration matters, you can phone the Immigration Office on 685203 or email Immigration@cso.gov.im.
Employment Equality Bill 2008
The Dept of Economic Development recently consulted on proposals for an Employment Equality Bill which would make it unlawful to discriminate on certain grounds in employment. The grounds proposed were:-
- religion or belief
- sexual orientation
- gender reassignment
The Dept for Economic Development is now consolidating and reviewing the responses and will be able to publish a review document in due course. If you are interested in keeping up to date with employment legislation, you can sign up here for the Department's newsletter.
Increase in the Maximum Amount of a Weeks Pay and in the Compensatory Awards at the Tribunal
From 20th July 2009 the maximum amount of a week’s pay will increase from £420 to £480 per week and the Compensatory Award in unfair dismissal cases and other related awards (e.g. sex discrimination award) will increase from £30,000 to £50,000 from the same date. In most cases, this change will depend on the relevant date. For example in calculating a redundancy payment where the "relevant date" is before 20th July 2009, the £420 will apply and where the relevant date is after 20th July 2009, the £480 will apply when calculating a weeks pay. The relevant date is the date that the notice period actually ended on. If you need more information about how this will be applied, please contact us directly or you can refer to our Guide to Handling Redundancies
More issues are occurring in the work place because of social media and our advise is to have a policy to deal with the positive and negative implications. Please see below our thoughts on having a social media policy.
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