Employment Law

 

The rights and obligations of employers and employees.

Employment Law

The relationship between employer and employee can unfortunately break down. When this happens there are a variety of ways to deal with the problem. The first should always be through informal discussion. Where this does not resolve the problem there are then more formal procedures which must be complied with by an employer. If all fails the case can then be taken to an employment tribunal.

 

Employees’ Rights.

Employees have two separate types of rights – statutory rights, and the rights set out in their contract

The law provides employees with a multitude of rights and entitlements at work. These rights apply to how they are disciplined and dismissed, how their grievances are handled and how their wages, absence from work is dealt with. There are employee rights relating to holidays, work breaks and working hours, time off for family emergencies, maternity and paternity leave and the right to apply for flexible working, redundancy and retirement. In addition all workers have the right not to be discriminated against in relation to their sex, race, age, disabilities, sexual orientation or religion and beliefs and not to suffer bullying or harassment at work.

When these rights are denied, an employee may seek redress by making an application to an industrial tribunal. The tribunal has power to order reinstatement in cases of unfair dismissal or significant amounts in compensation. Applications must, however, be made within 3 months of the event.

 

 

ACAS

The Advisory, Conciliation and Arbitration Service is a government organisation whose purpose is resolving disputes between employers and employees. They provide free and confidential advice to employers and employees on employment rights, best practice and policies, and resolving problems in the workplace. A free mediation service is provided.

Before an application can be made to an Industrial Tribunal ACAS must be notified and they will investigate whether the dispute can be resolved initially by way of mediation.

 

Employment Tribunals

Disputes between employers and employees are decided by an independent employment tribunal who will decide whether an employer has acted unlawfully. There is no fee to pay and their services are free of charge. The procedure is informal and in most cases legal costs will not be recoverable.

 

 

Employment Law Articles and Blogs

Interest on business debts

If you are in business and are owed money by another business as a business debt you are entitled to interest on the debt and amount owed. The Late Payment of Commercial Debts Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2002) give you a...

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Vicarious Liability

Vicarious liability is where someone is held legally responsible for the acts or omissions of someone else. Therefore vicarious liability can make an employer strictly liable for the acts and failures of an employee if these took place in the course of their...

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Tips for a successful mediation

Mediation is all about the parties to a dispute working together with the help of a neutral mediator to find an acceptable solution to the matters in dispute. If the mediation is to succeed there are a number of rules which should be born in mind. 1. Mediation is not...

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Does an employment contract have to be in writing?

An employment contract is no different from any other contract in that most do not have to be in writing to be legally valid and enforceable. If you are offered employment, accept and then start work a valid contract has been created between you and your employer even...

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TUPE and the Transfer of Undertakings

TUPE is shorthand for the Transfer of Undertakings (Protection of Employment) Regulations 2006. What this act does is protect employee’s rights when the business they work for is sold or transferred to a new owner. Employees of the business, when the firm changes...

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Third-Party Dismissals

What happens if you are an employer and a third-party demands that you dismiss one of your employees? This situation may well arise if you are supplying workers under a service contract and are told by your customer that you will lose the contract unless you remove...

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Stress at Work

Work can be stressful, but sometimes it is unduly so. Where a workload and demands placed by an employer on an employee are excessive, there is a duty upon that employer to take action to remedy the situation. If they do not do so, the employee may be entitled to...

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Lies, White Lies and Your CV

In a competitive jobs market, people tend to think ‘does a little white lie in my CV matter if it helps me get the job?’. The answer to this is that it very well could, and the consequences could very well be serious. Your CV may well be a critical document when the...

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Health and Safety at Work

The law imposes a responsibility on an employer to ensure the health and safety at work for all their employees. Much of the law regarding safety in the work place can be found in the Health & Safety At Work Act 1974. Employers have to take reasonable steps to...

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Employment References – When Are Employers Liable?

An employee may need a reference from an old employer to help secure future employment or may require a reference for personal matters, such as to provide to a landlord or for a mortgage application. An employer is not obliged to provide you with a reference when you...

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Employed or Self-Employed?

The legal rights of the employed and the self-employed are very different. It is only employees who can bring claims for unfair dismissal, claim redundancy payments and have the protection of the various Employment Acts. Self-employed people have none of these rights....

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Statutory Redundancy Payments

What do you do if your employer closes down, you are made redundant, and your employer either can’t or won’t pay you the redundancy pay that you’re owed? In these circumstances you can apply to the National Insurance Fund to pay either the whole or part of the...

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