Employment Status | Business

Employment Status With the emergence of the ‘gig economy’ and the continual flow of case law which has been generated, the question of employment status is more important than ever. The impact of modern working practices means that the lines have become blurred between employees, workers and those who are genuinely self-employed. Whilst we have […]

Sickness | Business

Sickness There are various issues that commonly arise with Employment Law Sickness and employers need to appreciate the differences between them, to safeguard the response towards sick employees. The relationship between a business and its employees is vital to the ongoing success of the company and needs to be managed carefully. In order to increase […]

Holiday | Business

Holidays Calculating holiday pay used to be simple, as it was based on an employee’s basic pay. However, there have been a number of decisions, in both the European Courts and National Courts within the UK that have further defined and regulated what ‘holiday pay’ is and how it is calculated. A key decision from […]

Constructive Dismissal | Business

Constructive dismissal Constructive unfair dismissal occurs when employees are forced to leave their job because of their employer’s breach of contract which may relate to its conduct or behaviour in the workplace. There are many reasons why employees choose to resign, they may feel like they have been harassed or treated unfairly by their employer […]

Making Staff Redundant | Business

Making Staff Redundant Staff redundancies are never an easy situation. Companies have to follow a strict procedure when choosing which staff are redundant and this often varies based on how many employees are involved, as well as pool and non-pool cases. Pooled cases refer to situations where you are making staff redundant who undertake similar […]

Some Other Substantive Reason | Business

Some other substantive reason In order for a dismissal of an employee to fair, it has to fall within one of the five permitted reasons for dismissal. One of these permitted reasons is called a dismissal for ‘some other substantive reason’ (SOSR) of a kind such as to justify the dismissal SOSR is a residual […]

TUPE | Business

TUPE A dotted line on a contract is not completely secure. Or, at least, it wasn’t until TUPE law was drawn up in 1981, and thoroughly amended in 2006 and 2014. It serves to preserve the integrity of an employee’s work agreement, should those original terms be threatened by a change in employer. The particulars […]

Notice Period | Business

Notice Periods If either party to the employment contract wishes to terminate the employment relationship a period of notice to do so is usually required to be served. The statutory notice period is the minimum legal notice period required to be given before terminating the employment contract. The exception to this is where the employer […]

Dismissal | Business

Dismissal In accordance with the Employment Rights Act, there are only 5 permitted legal reasons to terminate a contract of employment, these are on the grounds of Capability, either performance or ill health Redundancy Misconduct Illegality/ breach of a statutory restriction Some other substantive reason. As an employer, if you are dismissing an employee, it […]