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Category Archives: Employer law

Capability dismissals

When a dismissal is potentially unfair an employment tribunal will look at the employer’s reasons for dismissing the employee and if the employer’s reasons can be proved to be one of the following then the dismissal will not be unfair: The employee’s conduct The employees capability or qualifications Redundancy A statutory duty or restriction Some [...]

Also posted in Dismissal | Tagged capability dismissals, dismissing employees | Comments closed

Wrongful dismissal, self employment and appeals

I try to make a point on this site of remembering that my audience is employers and employees and not other lawyers. Most of my readers are unlikely to be interested in a detailed analysis of legal points raised in various Employment Tribunal or County/High Court claims and instead want an overview of the law [...]

Also posted in Employee Rights, Employment Tribunals | Comments closed

Tinkering around the edges ?

The well publicised employment law changes announced yesterday by Vince cable seem to us to be typical of the way in which employment law and politics are so heavily intertwined. There are few other areas of law, criminal law excepted, which have such a direct correlation with politics, because employment law matters to us all. [...]

Also posted in Employee Rights, Employment Tribunals, Uncategorized | Tagged Employmemnt Tribunal, employment law reform | Comments closed

Zero hours contracts

A Zero Hours contract is a form of contract that a company may wish to use for casual workers where there is no guarantee of the amount of work available and they wish to appoint on an ad hoc basis. Where there is an employment relationship this involves obligations for the company to provide work [...]

Also posted in Employment contracts | Tagged control test, employmemnt contracts, self employed contractors, zero hours contract | Comments closed

An employee has started a Tribunal claim – what the employer needs to know

When an employee or former employee wishes to bring a case against you to the Employment Tribunal they will have to complete an ET1 form. The form contains information such as name, address, grounds of complaint and what remedy is to be sought by the employee or former employee. The employee or former employee is [...]

Also posted in Employment Tribunals | Tagged employer advice, legal advice for employers, tribunal claims | Comments closed

Rest breaks at work when using computers

Employers have a legal duty of care towards the health and safety of their employees. This means that they have to provide employees with appropriate equipment and training and it also means that they have to ensure their employees are treated correctly, which includes receiving the required amount of rest.

Also posted in Employee Rights | Tagged rest breaks | Comments closed

Damages for discrimination

Discrimination in the working environment is unlawful. If an employee has been discriminated against by their employer then they can bring a claim for compensation against the employer in an employment tribunal. Types of Discrimination There is no closed list of the types of discrimination, however common examples include: Age Discrimination Disability Discrimination Pregnancy and [...]

Also posted in Discrimination, Employee Rights | Tagged damages, Discrimination, employment tribunal awards | Comments closed

Harassment law guide

There are different types of harassment as recognised under English Law. Harassment may, if influenced by discrimination, come under the Equality Act 2010. Other types of harassment come under the Protection from Harassment Act 1997 which is rarely used in any employment law context and so we will not deal with it in this article.

Also posted in Discrimination, Employee Rights | Tagged harassment, harassment claims, sexual harassment | Comments closed

Procedure before a formal written warning

Procedure in employment law, especially when contemplating disciplinary sanction of an employee or dismissal, is extremely important. Employers are well advised to have a formal policy for dealing with disciplinary issues which is communicated to employees and which they can access at any time. The following represents the type of process which represents good practice [...]

Also posted in Employee Rights, Policies & procedures | Tagged disciplinary, disciplinary hearing, warnings | Comments closed

Without prejudice – the timing and risks on compromise agreements

Many employer and employees ask us about the meaning of without prejudice, which is an important legal concept and which almost certainly appears as prominent wording on the front page of a proposed compromise agreement. In previous posts on compromise agreements, we explain how these agreements are commonly used to resolve issues between employers and [...]

Also posted in Compromise Agreements, Employee Rights | Comments closed