What are the guidelines for unfair dismissal?
The general rule is that to acquire the right not to be unfairly dismissed, you must have worked for your employer for a continuous period of two years (except where the reason for dismissal relates to a protected characteristic such as pregnancy, race, disability). You then have the right to bring a claim for unfair dismissal before an Employment Tribunal. The problem is that any such claim must be presented at the tribunal within 3 months (less one day) of the date of dismissal. Before a claim can be brought it is necessary to go through the Early Conciliation process with ACAS.
What should be included in an employment contract?
The law sets out what has to be included in an employment contract. This includes (but is not limited to) start date, names of employer and employee, place of work, hours of work, rate of pay and how often the employee will be paid, employee’s entitlement to holiday and sick pay, details of training requirements, how much notice is required to terminate the employment, data protection provisions, and so on. In addition, we would usually recommend that other terms are also included, like confidentiality obligations and post termination restrictive covenants.
What is a Settlement Agreement?
A Settlement Agreement (formally known as a Compromise Agreement) is a legally binding contract made between an employee and employer.
This usually provides for a severance payment by the employer in return for your agreement not to pursue any claims in a Tribunal or a Court. The employer will usually require you to keep the terms, for example the amount and the surrounding circumstances of your contract’s termination, confidential.
What is classed as discrimination?
It is unlawful for your employer to discriminate against you on the basis of:
- Sex
- Religion/belief
- Pregnancy/maternity
- Gender
- Marriage/Civil partnership
- Race
- Sexual orientation
- Gender reassignment
- Age
If you believe that your employer has treated you badly because of any of the above, then please contact our employment team who will be able to advise you further.
Am I entitled to work from home?
Employees with at least 26 weeks’ employment can request flexible working under the statutory right to request flexible working.
Note that this is a right to ‘ask’ not a right to get.
As a new business when do I need employment law advice?
It can be daunting starting a new business, so using an employment law specialist to guide you in the right direction will ensure you don’t make any errors. We can help you with:
Contracts of employment – assisting you in creating contracts of employment, a document of agreement between an employer and employee outlining the terms of the contract and things such as pay, holiday and working hours.
Employee handbooks – we can also provide an employee handbook service which will provide you with a draft that ensures all policies are fair and within the law. This handbook will contain information about company policies and procedures such as company rules, holiday entitlement and disciplinary and grievance procedures.
Health and safety – if you employ more than five people, you must have a written statement of the company’s health and safety policy, as a requirement of the Health and Safety at Work Act.
Self-employed – if you’re self-employed, you’re responsible for paying your own tax and national insurance and you will need to keep business records and details of your income so that you can fill in an annual self-assessment tax return. An employment solicitor will be well-experienced in dealing with all of this, so you don’t have to do it all yourself.
For further guidance, contact us for specialist advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
