Employment Law News - Further Changes to Employment Liability

Employees- Have you?

• been dismissed or forced to resign?
  

You may have a claim for unfair dismissal if you there was no good reason for the dismissal and/or a fair procedure was not used.

• been made or about to be made redundant?
  

If you have been employed for over 2 years, you should be entitled to a redundancy payment. In addition, you could claim unfair dismissal if you can prove that there was no real redundancy situation and/or the procedure used was unfair.

• been discriminated against on the grounds of sex, sexual orientation, marital status, race, religion, disability, and very soon – age?
  

If you bring a claim for discrimination and are sacked because of this you can claim automatic unfair dismissal.

• had money unlawfully deducted from your wages?
  

• not received the correct pay or notice period in breach of your employment contract?
  

• not received or are not currently receiving the minimum wage?
  

Currently £5.05 increasing to £5.35 per hour with effect from 1st October 2006

• not received a contract of employment?
  

In fact, you are not entitled to receive a formal, detailed written contract. You are however, enttled to receive a written statement setting out the main terms and conditions of employment.

• been bullied and harassed at work?
  

Employers are responsible for preventing bullying and harassing behaviour. You can in come circumstances resign and claim 'constructive dismissal' as a result of bullying. Employers can be held responsible for the conduct of their employees against other members of staff. This is an extremely tricky area and you are urged to seek advice before taking any steps to leave.

Employers - Do you intend to.?

• dismiss or discipline someone?
  

There are now clear statutory procedures which must be followed. Before any disciplinary action is taken, employers are urged to seek advice in this area. If the correct procedures are not followed in a dismissal situation, this can lead to a finding of automatic unfair dismissal and compensation will be uplifted by 10-50%.

• make someone redundant?
  

Redundancy counts as a dismissal and as such is covered by the statutory procedures discussed above. An employer is urged to follow a comprehensive and transparent procedure and comsult employees in a redundancy situation.

• defend a claim brought against you?
  

We can provide help and assistance in defending the claim and representation at any hearing.

• draft employment contracts and comprehensive staff policies?
  

It is advisable for employers to have full written policies on issues such as bullying, sickness absence, discipline and conduct etc.. Formal policies benefit both parties by setting out clear standards, duties, obligations and rights for staff and confirming the procedures that managers should follow. They allow for certainty and uniformity in often delicate situations. St Davids Solicitors has vast experience in drafting such documents.

• Manage and monitor Absence effectively?
  

There are three significant areas: long-term sickness, persistent short-term sickness and unauthorised absence. Each must be dealt with very differently. It is important that employers properly manage absence by appropriate monitoring and, where appropriate, disciplinary action. To deal with this effectively, employers need to be aware of the need to obtain medical information and also to consider issues such as the Disability Discrimination Act 1995.

Compromise or Severance Agreements

Sometimes the relationshop between both parties breaks down. Employers, concerned about the risk of a tribunal claim, often seek to reach an agreement with the employee. The employee receives an agreed sum of money under the agreement, which can often be paid tax free, in return for agreeing not to bring a claim. Often the sum of money is close to or exceeds any award of compensation an employee would achieve if they brought a claim. An employee must seek legal advice before agreeing to give up their employemnt rights and often the agreement provides that the employer will pay the Solicitors direct for this advice.