It is a statutory requirement to provide all employees with a written statement of terms within 2 months of the employment starting. The statement of terms is a simple but essential record of the basics of the employment relationship. A written contract also helps to provide a useful if not essential record of the agreed[…]
Both mothers and fathers of biological and adopted children have rights to take family leave to take care of their children. These rights continue to expand and develop as family friendly policies remain at the top of the political agenda. It is important that employers ensure that their policies and practices are up to date[…]
The equal pay provisions in the Equality Act 2010, which can also be found in Article 141 of the EU Treaty, are part of the anti- discrimination legislation and gives men and women the right to the same pay and terms and conditions of employment for doing the same work (like work), work rated equivalent[…]
Employers have a duty not to cause psychiatric damage to their employees by requiring them to undertake too much work and not providing adequate support. If they breach this duty they may be held responsible. It is essential for employers to have adequate policies and procedures in place and fully implemented to ensure that workers[…]
Wrongful dismissal is synonymous with breach of contract. If an employer has breached a term of the contract of employment on termination, for example, by not paying notice pay the termination may be considered “wrongful” and damages can be claimed for the notice pay and any other pay due. If the breach occurs during employment[…]
In order to settle an employee’s potential claims against an employee, the parties can enter into a settlement agreement. This agreement must comply with certain legal requirements and the employee must obtain independent legal advice in order for the agreement to be effective and enforceable. It is important to get the wording right too, otherwise[…]
Whistleblowing claims are common in employment tribunal proceedings. One reason for this is that an award of damages in a successful whistleblowing claim is not capped in the same way as damages for unfair dismissal. In addition, there is no minimum period of service required in order to bring a claim. All workers are protected[…]
Under the Equality Act 2010 workers have the right not to be discriminated against because of a “protected characteristic;” these are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation. Discrimination may come in the form of harassment, victimisation or unfavourable or less favourable treatment[…]
All employers are required to conduct disciplinary and grievance procedures in accordance with the ACAS Code of Practice on Disciplinary and Grievance Procures which sets out guidance on dealing with discipline and grievance issues. It is still strongly advisable for both employers and employees to follow the guidance as the employment tribunals can increase or[…]
Employers can only dismiss employees fairly for a fair reason and following a fair process. The Employment Rights Act 1996 sets out the 5 potentially fair reasons which are: capability; conduct; redundancy; contravention of a statutory duty or some other substantial reason. Employers must also follow a fair dismissal process which complies with the ACAS[…]