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Employment law supports employee rights; ranging from employment contracts and trial periods, to redundancies and even to claiming unfair and wrongful dismissals. It is set up to guide employees and employers alike. It is key when navigating the complex and emotional time of redundancy. The redundancy notice period A redundancy period is the period given … Read more
Unfair dismissal is when your employment contract is terminated, and your employer did not have a fair reason to do so. Alternatively, if your employer did have a fair reason, but handled your dismissal using incorrect procedure, is also considered unfair dismissal. Employment Rights Act 1996 According to the Employment Rights Act 1996, an employer … Read more
Employment in sectors that involve driving, using machinery or require safety-critical operations sometimes means the alcohol and drug testing are undertaken to ensure that employees are working safely. This can either be ‘random’ testing, which involves choosing a number of employees on a regular basis for testing. Whilst others adopt ‘for cause’ testing, which occurs … Read more
Can you be sacked due to long term sickness from work? We all believe that a sick employee’s job has to be kept open indefinitely by an employer. But this is far from truth. While it is mandatory to follow a fair procedure to manage a long term absence from work your employer has to … Read more
In most cases, employees can file a claim for unfair dismissal against their employer only after completing minimum two years of service. Previously the claiming period was one year, however it was extended to two years in 2012. This gives the employers some flexibility when it comes to managing and dismissing staff with less than … Read more
In the United Kingdom, the ACAS Code of Practice declares that providing every individual with an equal opportunity to appeal against a disciplinary decision is necessary to “natural justice“. Whether you are an employer or employee, therefore, understanding the appeal process will present you in a good light in front of the tribunal. One of … Read more
Last updated: 28th June 2019 Each year, the employment tribunal compensation amount increases, to account for inflation. Therefore, these compensation limits and minimum statutory pay amounts will further increase from 6th April 2018. In addition, this compensation is payable under the Employment Rights (Increase of Limits). Having said this, these new rates will be effective … Read more
Under UK employment law, there are four types of dismissals – fair dismissal, unfair dismissal, constructive dismissal and wrongful dismissal. Having said this, both Employment Equality (Age) Regulations 2006 and Equality Act 2010 introduced some major changes to the law, especially relating to unfair dismissal. While the regulations proposed to remove the age restrictions applicable … Read more
Employees and workers are entitled to paid holiday but the self-employed are not. If you are self-employed you are expected to charge the organisations that you work for an hourly or daily rate. This will allow you to cover your expenses, pay tax and National Insurance and take time off. Sometimes people are incorrectly labelled … Read more
Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way. Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by … Read more