1. What is a contract of employment and why is it needed?
James, Marsden
A contract of employment exists where an offer of employment at a given rate of pay has been accepted. This does not have to be agreed in writing to be enforceable but the terms will be clearer if they are put into writing.
2. I have read and heard alot about disability and disability in the workplace - Can you define disability for me?
Kate, Textile artist Sheffield.
For the purposes of the Disability Discrimination Act, disability is defined as a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry their normal day-to-day activities.
3. I am confused by the Disability Discrimination Act, can you explain it?
Anonymous by email
The Disability Discrimination Act 1995 makes it unlawful for employers to discriminate against current or prospective workers who have a disability or who have had a disability in the past. From 1 October 2004 the Regulations have removed the small employer exemption so that the Disability Discrimination Act applies to all employers irrespective of size. The employer also has a duty under the Disability Discrimination Act to make reasonable adjustments to either the workplace, workstation or working environment to help the disabled person cope with their disability.
4. I am a female working in an enviroment where I am aware some male collegues are better paid for similar work, am I entitled to equal pay?
Yes – Under the Equal Pay Act 1970 it is unlawful to offer different pay and conditions where women and men are doing the same or like work or work rated as equivalent. Pay is interpreted widely by the courts, eg access to pensions or 'perks'. It is also unlawful to offer unequal pay for work of equal value in terms of demands made under such headings as effort, skill and decision making. This applies even where two posts look apparently dissimilar.
The Act does not permit claims for equal pay with other people of the same sex, or between different employers.
Anyone who considers they have reason to complain can lodge a claim at an employment tribunal while they are still doing the job or within six months of leaving it.
5. My son will be starting nursery and I will be returning to work soon. Am I entitled to work flexibly to so I am able to drop her off and pick her up from school?
Mandy, Huddersfield
Yes and no. The law gives eligible employees, both mothers and fathers, the right to request a flexible working pattern and places a duty on their employers to consider such requests seriously – but it does not provide employees with an automatic right to work flexibly.
6. My partner is due to have a baby very soon. Am I entitled to any time off work? Will I get paid?
Andy, Web Designer near York
If you have worked for your employer for at least 26 weeks you may be able to take up to two weeks' paid paternity leave. You may also have the right to 13 weeks' unpaid parental leave if you have worked for your employer for over one year. Parental leave has to be taken before your child is five years old. Both parents are entitled to this leave - mothers and fathers.
If your partner returns to work she will have access to the same rights to parental leave in addition to whatever maternity leave she may be due.
Some employers do give paid leave for the birth of a new child so you should check your contract of employment.
For more information regarding any of the issues raised above or any other HR & Employment related questions please visit http://www.acas.gov.uk/ (tel 08457 47 47 47), http://www.cipd.co.uk/, http://www.oneclickhr.com
7. As a self emplyed artist, what sort of overheads can I expect to incur to operate my business?
Danny B - Leeds
Technically speaking, "Annual Overheads" refer to the costs that an artist incurs to be an 'artist' and therefore be in a position to tender for work. These include:
Insurance – including premises, public liability, public indemnity, equipment, health etc
Premises – studio/other workspace; to include, rent, rates, heat/light, repairs, security etc
Communications – telephone, mobile, internet, post, stationary
IT – to include, software licenses, consumables
Research – books/magazines, materials, travel, course fees, protective clothing etc
Professional and Advisory services – accountancy, legal advice on contracts, costs of gaining CBC (Criminal Bureau Clearance) etc
Promotion – including advertising, marketing, publicity material, website etc
Equipment (annual equivalent) – vehicle, computer, printer, camera, studio equipment, etc
Finance costs – bank charges, loan interest
The overheads specific to a self-employed artist contribute to making an artist's expectations for payment higher than their employed equivalent because in calculating costs for a particular project, an artist must include a proportion of their annual costs.
8. I am an Artist, well i paint and earn money from it - how do i know that work I do as an artist is considered freelance or not?
Angel on email
Any work undertaken by an artist can be considered of a freelance nature if:
* an artist is seeking to undertake the trade by equipping themselves with the resources they need to be able to do so, and is incurring costs in the process and supplying services to a reasonable number of clients or customers
* an artist is taking a certain amount of financial risk in supplying the services
* an artist is probably supplying more than their labour, possibly also supplying materials, equipment or ancillary tools and facilities to enable the effective supply ot services
* an artist does not take a key role, particularly one of management, inside the organisation that is paying them
* in education, the services given are not teaching, or if they are, they are only occasional workshops
* most importantly, the artist is either allowed to supply someone else to provide the service if they are unable to do so for any reason (even if in practice they never have) or they are allowed to engage people to assist them to do so without the permission of the person making payment to them.
This does not include all the conditions necessary to prove an artist is a freelance provider of services and in some cases, such as education, the rules are very specific and may artists who my be considered as freelance for any other service are considered employees in this case.
Thank you to Smita Patel for this insight to the world of HR - if anyone has any further issues please email Smita - Smita@cida.org
Your HR questions answered