Staff

When a person carries out work for a club, it is important for both parties to understand and agree the relationship between them. An individual may be an employee; a service contractor; a casual worker; or a volunteer.

The Employment Rights Act 1996 defines an employee as 'an individual who has entered into or works under a contract of employment'. Whereas a self-employed persons works under a contract for services. There is a subtle difference which can be difficult to distinguish. Over the years the Courts have developed and applied various tests to formally determine an employee from a self-contractor.

This section focusses on employees and also deals with the important distinction between a contract of employment and one for self-employment, as well as the question of employment rights for casual workers.

If you require further assistance please do not hesitate to contact the Legal Team Tel: 023 8060 4223 Email: legal@rya.org.uk

Employment Contracts

Employment law is a specialised subject which is dynamic and constantly evolving.

This section aims to provide an outline of the legal requirements in relation to employment contracts and contains a template Employment Contract. Further information can be found in the three documents listed below.

• Employment Contracts
• Disciplinary Procedure
• Grievance Policy
• ACAS
• Government advice on Employing People

For further information please refer to the 'ACAS' and 'Advice for Businesses' link available in the related pages box to the right.

Self Employed Contractors & Consultants

The law regards a self-employed contractor as a person who works under a contract for services.

This section of the site aims to provide general guidance on contractors and their legal rights. Further information can be found in the document listed below.

• Self employed Contractors & Consultants 
• Consultancy Agreement

Casual Workers

Clubs and Class Associations will often engage casual workers, it is therefore important to know the legal principles governing this type of relationship.

This section therefore discusses the legal principles involved.  We recommend that organisations engaging casual workers consider entering into a form of agreement such as the RYA Casual Worker Agreement. Further information can be found in the two documents listed below.

• Casual Workers
• Casual Worker Agreement

Employee Rights

Clubs and Class Associations that employ staff need to be aware that employees have a wide range of statutory rights, some of which are also available to workers who are not classed as employees.

In this section of the site we outline these rights. Further information can be found in the document listed below.

• Employee Rights

Minimum Wage

This section of the site aims to provide some information on the Minimum Wage and its implications for volunteers.

Further information on this topic can be found in the document listed below. Additionally, please refer to the 'Minimum Wage' link available in the related pages box to the right. The rates change every April and can be found at this link.

• Volunteers and the National Minimum Wage
• Minimum Wage - Government website

Working Time Directive

The European Working Time Directive was introduced into UK law by the Working Time Regulations 1998.

This section of the site aims to provide you advice on the provisions of the Regulations.

Further information on this topic can be found in the document listed below and in the link 'BERR' available in the related pages box to the right.

• Working Time Regulations

Recruitment & Equal Opportunities

Apart from a some minor exemptions (e.g, a genuine occupational qualification such as a Chinese actor) an employer must not take racial group, sex (including gender reassignment) or the fact that someone is married into account when recruiting and selecting staff, determining conditions of employment, offering training or other benefits, transferring, dismissing or promoting staff. The codes of practice of the Commission for Racial Equality and Equal Opportunities Commission set out good practice. Failure to comply with the codes is not unlawful, but is taken into account if a discrimination claim is brought against an employer.

Unlawful race or sex discrimination is defined as:

• treating someone less favourably on the basis of racial group, sex or marital status than a person from another group is or would be treated in the same or a similar fashion (direct discrimination);
• applying a requirement or condition, even if it applies to everyone equally, if the condition is not justifiable and has a detrimental effect on people of a particular racial group or sex, because they disproportionately cannot comply with the requirement or condition (indirect discrimination);
• treating someone less favourably because he or she has claimed that an employer has discriminated unlawfully, or because he or she has brought or been involved in proceedings against a discriminator (victimisation).

It is unlawful to publish advertisements which indicate, or could reasonably be interpreted as indicating, an intention to discriminate unlawfully. Use of words such as 'waitress', 'barman' etc are assumed to indicate an intention to discriminate unless the advertisement states otherwise.

Religious, Sexual Orientation and Age Discrimination is outlawed by virtue of the European Equal Treatment in Employment Framework Directive by 2 December 2003 (Age by 2 December 2006).

Young People:

Children may not be employed before the age of 13. From 13 to school leaving age there are limits on working hours (generally two hours on Sundays and five hours on Saturdays, or eight hours if over 15, with a maximum 25 hours per week during school holidays or 35 hours if over 15).

Criminal Records:

The Rehabilitation of Offenders Act 1974 gives most ex-offenders the right not to reveal convictions when these have become 'spent' after a rehabilitation period without further offence.

The rehabilitation periods are:

• Sentence over 30 months: Never spent;
• Sentence six to 30 months: Spent 10 years from date of conviction;
• Sentence less than six months: Spent seven years from conviction;
• Sentence of conditional discharge or bind-over: Spent after one year;
• Sentence of unconditional discharge: Spent after six months.

The rules to not apply to a number categories including:

• all workers, whether paid or voluntary, who have substantial access to people under 18 in the course of their duties, including the provision of accommodation, care, leisure and recreational facilities, schooling, training, supervision or social services;
• teachers.

Application forms for jobs covered by these (and the other) exceptions should ask whether the applicant has any convictions, and should include the statement:

'This post is exempt under the Rehabilitation of Offenders Act 1974 and you are required to reveal all convictions, even those which are spent'.

Children's Legal Advice Centre (no website) re school age workers:- tel: 01206 873820.

Further information on this topic please refer to the Equality & Human Rights Commission website.

Working Status

When a person carries out work at a club, it is important for both parties to understand and agree the relationship between them.

An individual may be an employee; self-employed/contractor; a worker; or an unpaid volunteer. This section of the site aims to clarify the differences in Working Status.

Further information on this topic can be found in the document listed below.

• Working Status Guidance Notes

If you require further assistance please do not hesitate to contact the Legal Team Tel:  023 8060 4223  Email: legal@rya.org.uk