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A CLEAR JOURNEY FROM WORKPLACE QUESTION TO ACTION
Employment law affects recruitment, contracts, pay, workplace behaviour, performance, absence, redundancy and dismissal. The opening copy shows employers immediately that this page understands their responsibilities.
WHAT YOU NEED TO KNOW
Responsibility for employment law in England and Wales is currently spread across a number of different government departments, including the Department for Work and Pensions, the Ministry of Justice, the Home Office and the Department for Business and Trade. As you know, following a vote in June 2016, the UK left the European Union (EU) at the end of January 2020. Areas of employment law that derive from EU legislation and may be impacted include redundancy consultation, working time, holiday pay and agency workers’ rights, as well as discrimination and family-friendly rights.
Wrongful dismissal (breach of contract)
This is a common law contractual claim for breach of contract, which may be brought by workers or employees, based solely on the fact that the dismissal by the employer was in breach of contract. The remedy is therefore damages for breach of contract.
Unfair dismissal
This is a statutory claim that can be brought only by certain employees who satisfy eligibility criteria. It can be brought only before an employment tribunal. The success of the claim does not rest on the issue of breach of contract. The tribunal looks instead into whether or not there was a fair reason for dismissal and at the reasonableness of the employer’s actions.
Redundancy payment
This is another statutory claim, which is in the nature of a reward for past services; it is compensation for the loss of a secure job rather than for future financial losses. The claimant must, again, be eligible and the claim is pursued (where necessary) in the employment tribunal. The payment is calculated in accordance with a set formula, which is the same as the basic award formula for unfair dismissal.
Termination of Contract
At common law, the contract of employment may come to an end in a number of ways. Only if the termination amounts to a breach of contract by the employer will the employee be entitled to claim damages for wrongful dismissal. The main ways in which an employment contract can come to an end are At common law, the contract of employment may come to an end in a number of ways. Only if the termination amounts to a breach of contract by the employer will the employee be entitled to claim damages for wrongful dismissal. The main ways in which an employment contract can come to an end are by agreement, by notice, dismissal, by resignation and constuctive dismissal, and death.
Discrimination
Direct discrimination still occurs when ‘someone is treated less favourably than another person because of a protected characteristic ‘; it also made a number of changes to the existing law (eg, employees may now complain about harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them). Additionally, it extended some aspects of the old law (eg, associative discrimination – direct discrimination against someone because he or she associates with another person who possesses a protected characteristic).
More Help?
QUESTIONS PEOPLE ASK
- What must be included in an employment contract?
- How should poor performance or misconduct be managed?
- What should an employer do when an employee raises a grievance?
- When must an employer consider reasonable adjustments?
- How can an employer conduct a fair redundancy or dismissal process?
WHAT WE DO
EMPLOYMENT CONTRACT
Familiarised and be able to understand and the normal terms in a contract of employment and appreciate the importance of drafting a basic contract of employment.
UNFAIR DISMISSAL
Understand necessary criteria to bring an unfair dismissal claim and recognised automatic unfair dismissal. Able to apply the ACAS code on Discipline and Grievance.
REDUNDANCY
Understand a fair redundancy procedure and recognise an unfair selection of redundancy situation.
DISCRIMINATION
Understand how discrimination may occur. Drafting a Grievance and protecting a company against liability and potential defences to a claim of discrimination.
EQUALITY
Able to respect a claim of age discrimination. How to bring a claim or seek legal advice. Recognise and act within the ACAS code of practice.
FLEXIBLE WORKING
We look at family-frindly rights afforded to pregnant woman. consider paternity and parental leave, as well as the right to request flexible working arrangements and to unpaid time off work.
KNOWLEDGE HUB
Lease Assignment
Gain comprehensive property and conveyancing information, stay informed about the latest developments, and benefit from expert insights, local trends, and practical advice tailored to homeowners, investors, and renters.
Constructive Knowledge
To prove liability for negligence you need to establish knowledge. For example, if you believe that your employer is responsible for your injury you would have to show that they were aware of the threat and did not take any reasonable steps to avoid it.
Business
In the UK, business law ensures that companies operate within a structured and lawful environment, promoting fair trade and protecting stakeholders’ rights. Whether you’re starting a new venture, expanding operations, or managing legal risks, business law is an essential pillar of success.
Immigration
We understand that immigration can be overwhelming and costly, especially for international entrepreneurs, students, and asylum seekers. Our mission is to make immigration processes seamless, affordable, and successful.
Disclaimer
This website is intended to provide an introduction to UK immigration law. I hope that it will be of use to visitors and who wish to update their knowledge.