Few places in the world of commerce are subject to so many changes in the law as in Employment Law.
All save the very smallest businesses employ people. All of these businesses are subject to very similar legislation - and the penalties and sanctions contained therein - there are few exemptions.
All business must therefore take steps to remain aware of the law, and to keep in compliance.
This page looks briefly at some of the major issues all employers need to consider.
Any employer-employee relationship involves, by definition, a contract between the parties whether that contract be encompassed in a formal written document or a loosely defined oral agreement. There are also terms implied into all employment contracts by law or custom and employment contracts are often supplemented by contractual and statutory policies and procedures.
It is unwise for any employer not to have written contracts with all employees where the rights, duties and responsibilities of both parties are clearly laid out and not subject to conjecture or interpretation.
An employee of more than one year’s standing cannot be dismissed without compensation and without following a fair and proper procedure. Failure to follow such a procedure leads to the risk of an unfair dismissal claim.
Any employer contemplating dismissing an employee or employees, for whatever reason, should seek professional advice before taking action. It is too easy, otherwise, to fall foul of the legislation.
Every employee in the UK is entitled to a statutory minimum entitlement to annual leave.
Employees who are expectant mothers are entitled to maternity leave, and to continue in their existing job on return from such leave.
Parents of young children are entitled to take parental leave and fathers of newborn babies or young children are entitled to take paternity leave. There are also statutory entitlements to leave for those who adopt or care for dependents and it is likely that such rights will be extended as a result of European and national proposals.
All employees (and potential employees) are entitled to protection from discrimination on grounds of gender, sexual orientation, race, religion, belief, age or disability.
Moreover, it is the employer’s responsibility to assure such protection. Not only must the policies of the business be such as to prevent discrimination, but the employer also is normally liable if any of its managers or other employees practices discrimination.
In discrimination cases there are no limits on the amount of compensation which may be awarded.
Toller Beattie can advise on the impact of employment law on mergers, acquisitions and in relation to redundancy and insolvency situations.
For business clients of the firm and for professional contacts we offer membership of our Employment Club.
The Club is designed to keep employers up to date with changes and developments in employment law, and also to provide a forum for discussion between members on local and topical issues.
Meetings are held quarterly at our premises in Queen Street, Barnstaple and members are encouraged to propose items for each agenda. Proceedings are informal but one or two members of the firm’s commercial team will normally make short presentations on topical issues.
The cost of membership, which is corporate rather than individual, is just £50 plus VAT per annum.
Call Jon Dunkley if you would like more information.