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	Employer's Responsibility Planning 1. The employer must draw up a plan to decide who will be kept on and who will be made redundant and why. 2. The employer must inform the workforce as soon as possible, so they have a... Constructive Dismissal Constructive Dismissal This is where the employee leaves their job due to the employer's behaviour. For example, the employer has made the employee's life very difficult and the employee feels tha... Employer's Breach Employer's Breach If the employer breaches the contract the employee has the choice of accepting the breach or resigning. Examples of breaches include: 1. False allegations of misconduct. ... Unfair Dismissal Test Unfair Dismissal Test Any claim for Unfair Dismissal must go through a 2 stage test. 1. Was the dismissal for a fair reason ? And if the dismissal was for a fair reason 2. Was the dism... Unfair Dismissal Exceptions Unfair Dismissal Exceptions Exceptions to the 1 year continuous employment are where the dismissal is for one of the following reasons: 1. Trade Union activities, carried out at an appropriate... Victimisation Victimisation Where an employee is singled out for using their workplace complaints procedures or exercising their legal rights. For example, bringing a complaint of discrimination or giving e... The 3 Month Rule The 3 Month Rule The best advice is that if an employee wishes to consult a solicitor they should do so as soon as they are dismissed or suspended, this will give the solicitor time to investigate... Human Rights Act 1998 - Employment Proceedings Human Rights Act 1998 - Employment Proceedings The Human Rights Act came into force on 2nd October 2000 and incorporates into UK law certain rights and freedoms set out in the European Convention ... Entitlement Entitlement All employees are entitled to be paid Statutory Sick Pay when absent from work. There are exceptions and these include: Employees over the age of 65. Low paid who do not earn e... Discrimination - Introduction Discrimination - Introduction Discrimination usually consists of one or more of the following: 1. People who are treated differently based upon their sex, race, (colour, nationality, ethnic or... Notice Periods Notice Periods Even though Wrongful Dismissal is based upon contract law there are minimum notice periods stated in law. This is so that employees will be fairly treated by employers. These are as... Remedies & Compensation Remedies & Compensation There is no Public Funding / Community Legal Services Funding available for cases that go to the Employment Tribunal. However, if the case is then referred to the Emplo... End of Employment End of Employment As claims for Unfair Dismissal must be brought within 3 months it is very important to decide exactly when the 3 month period actually starts, this is known as the "Effectiv... Length of Service Length of Service The current law states that an employee must have 1 year's continuous employment with the same employer to qualify for unfair dismissal protection. Continuous employment carries ... Disciplinary Procedures Disciplinary Procedures Some employee's contracts state that a disciplinary procedure must be followed before the employee can be dismissed. If this is not followed the employee is entitled to... Indirect Discrimination Indirect Discrimination This occurs where the effect of certain requirements, conditions or practices imposed by an employer has an adverse impact disproportionally on one group or other. This... Employment Appeal Tribunal Employment Appeal Tribunal Appeals against a decision made by an Employment Tribunal by appealing to the Employment Appeal Tribunal (EAT). However, the EAT will only consider appeals on points... Redundancy Pay Redundancy Pay This is calculated by taking the employee's age, years of service and average weekly pay to arrive at a figure. However, the weekly pay is limited to a maximum of £280 per week and ... Unfair & Wrongful Dismissal Unfair & Wrongful Dismissal An employee can bring a claim for both Unfair and Wrongful dismissal. However, any money received under one will cancel out the same amount received under the o... Direct Discrimination Direct Discrimination Where an employee or prospective employee is less favourably treated because of their race, sex, marital status, religion, sexual orientation or gender reassignment. Th... Contractual Sick Pay In addition an employee's contract may also provide that they will receive their normal salary when absent during illness (in which case there will be no need for payment of statutory sick pay) or the... Flexible Working Flexible Working These regulations apply to parents, adopters, guardians or foster parents of children aged under six. To qualify an employee must have worked for the employer for a continuous per... Current Rate & Calculation Current Rate & Calculation The rate of Statutory Sick Pay is worked out according to the employee's normal weekly earnings, this will determine which band they fall into. The rate of statu... Compensatory Award Compensatory Award The maximum an employee can be awarded is £56,800 under the Compensatory Award. This award is intended to compensate the employee for financial loss relating to the dismissal, i... Employer & Employee Liability Employer & Employee Liability An employer is liable for acts done by employees during their time at work. This applies to all forms of discrimination. However, an employer can use the defenc... Employee Paid Holiday Entitlement Employee Paid Holiday Entitlement A full-time employee is entitled to four weeks paid holiday each year. This can be inclusive or exclusive of national holidays (detailed later) and days when the ... Appeals It is now normal for employers to have an appeals procedure so that an employee can appeal against their selection for redundancy. If there is an appeals procedure the employer must also follow it... Unfair Dismissal & Retirement Unfair Dismissal & Retirement 1. An employee cannot claim Unfair Dismissal if they are 65 or over. Or 2. The employee is at the normal retirement age for their job with the employer. ... Resignation Resignation If an employee resigns they must give the proper notice stated in their contract. Or if they do not have a contract or a notice period is not set out in the contract the employee can g... Suspension from Work Suspension from Work An employer is entitled to suspend an employee who is either pregnant, has recently given birth or is breastfeeding in the following circumstances. 1. Health and Safety re... Wrongful Dismissal - Introduction Wrongful Dismissal - Introduction Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean... Damages Damages Damages are designed to compensate a party (employee or employer). To put the party in the same position they would be in if the contract had been properly carried out. This normally inclu... Exceptions Exceptions Under discrimination based on sex, race, sexual orientation and religion there are also some exceptions, where discriminating between members of these groups is allowed. These are u... Right to Return to Work Right to Return to Work 1. The employee has the right to return to work after the 26 weeks of Maternity Leave. This is known as Ordinary Maternity Leave. 2. Or if she does not return then she ... Time off for Dependants All employees have a right to take a reasonable period of time off work to deal with an emergency involving a dependant, (e.g. a child, spouse, parent etc). This is in addition to the employee's norma... Redundancy Defined Redundancy Defined Redundancy is only a reason for dismissal, however it is treated separately because the employer has to take certain steps to make sure that the redundancy is carried out fairly... Deductions Deductions Tax The employee will have to pay Tax and National Insurance on the damages that they receive. Normally this is deducted before the employee receives the damages. If the damages are p... National Holidays National Holidays Each year, the UK has 8 National holiday days. However, there is no law claiming that employees are entitled to a day off on a National holiday (i.e. bank holidays). You are also... Basic Award Basic Award This is calculated by taking the employees age, years of service and average weekly pay to arrive at a figure. However, the weekly pay figure is limited to a maximum of £280 per week a... Parental Leave Parental Leave Women who do not qualify for the new extended rights of Additional Maternity Leave can still qualify for Parental Leave if they have completed one years' service with their employer... The National Minimum Wage The National Minimum Wage The Government has recently responded to the recommendations made in the Low Pay Commission's 2005 Report on the National Minimum Wage. The Government have accepted the f... Excluded Groups Excluded Groups Certain groups cannot rely upon Unfair Dismissal, this is done for reasons of practicality, for example: 1. Members of the armed forces, members of the police service, employee... Remedies Remedies An employee can bring the following claims if the redundancy is not carried out properly: Unfair Dismissal The employer must have carried out all of the redundancy procedures fairly... Maximum & Minimum Working Temperatures The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these deals specifically with the temperature ... Additional Award Additional Award If the tribunal does ask the employer to re-engage or reinstate the employee and the employer refuses the tribunal will make these awards against the employer on top of the Basic ... Maternity Leave & Pay Maternity Leave & Pay This is the minimum that a pregnant employee is entitled to by law, some employees have employment contracts that are more generous. All female employees are entitled... Compulsory Maternity Leave Compulsory Maternity Leave The employee can choose when to start her Maternity Leave, however it is illegal for a pregnant employee to work within the 2 week period of having given birth. A br... Maternity Rights - Introduction Maternity Rights - Introduction A pregnant employee does not have to have 1 year's continuous employment to be able to claim Unfair Dismissal. Dismissal for a reason "connected" with... Compulsory Maternity Leave Compulsory Maternity Leave The employee can choose when to start her Maternity Leave, however it is illegal for a pregnant employee to work within the 2 week period of having given birth. A br... Maternity Rights - Introduction Maternity Rights - Introduction A pregnant employee does not have to have 1 year's continuous employment to be able to claim Unfair Dismissal. Dismissal for a reason "connected" with... Adoption Leave & Pay Adoption Leave & Pay An employee who has had a child placed with them for adoption is entitled to Ordinary Adoption Leave and Additional Adoption Leave at the same level as for Statutory Mater... Are you a 'worker', 'employee' or 'self-employed'? Are you a 'worker', 'employee' or 'self-employed'? There are three main categories of employment: 'employees', 'workers' and 'self-employed'. The definition of 'employee' and 'worker' differs slig... TUPE Overview The Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) (often referred to as ‘TUPE’) were introduced to implement the Acquired Rights Directive 77/187/EC.... Can a worker sue for a bad reference? Under the Data Protection Act 1998, confidential references which you give are exempt from disclosure. This means that you can legitimately refuse to supply the ex-employee with a copy of the referenc... The Disability Discrimination Act Part III The Disability Discrimination Act has been on our statute books since 1995 but has been implemented in stages. On 1 October 2004 the final phase - part III - of the Act becomes law. The change has bee... Information Tribunal has jurisdiction over BBC as public authority House of Lords Published February 12, 2009 British Broadcasting Corporation v Sugar and Another Before Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Baroness Hale of Rich... Redundancy Payments REDUNDANCY PAYMENTS Employment Rights Act 1996 The termination of employment by way of redundancy is potentially a fair dismissal however whether or not an employee has been unfairly dismissed wil... Constructive Dismissal CONSTRUCTIVE DISMISSAL Behaviour Constructive dismissal is a term specific to employment law which occurs when an employer or in some circumstances, other employees, have behaved in such as way as... The Grievance Procedure The Grievance Procedure Since October 2004 every employer, no matter how big or small, has to have at the very least the minimum legal procedures in place for dealing with grievances, dismissals an...

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