Data Protection & GDPR | Employee

Data Protection and General Data Protection Regulations (GDPR) In simple terms GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The main UK legislation governing data protection is the Data Protection Act 2018 (DPA). The DPA reflects the General Data Protection Regulation (GDPR). Your employer should […]

TUPE | Employee

What is TUPE ? TUPE is an acronym for the ‘Transfer of Undertakings (Protection of Employment)’ Regulations 1981. This series of laws governs what to do in the event of a radical change, such as an employer selling the business to someone else. It serves to preserve the integrity of an employee’s work agreement, should […]

Some Other Substantive Reason Dismissal | Employee

Some other substantive reason The dismissal of an employee for Some Other Substantive Reason (SOSR) is a residual “catch-all” potentially fair reason for dismissal. There is no statutory definition of the term, but the reason for dismissal must be substantial. Each case will depend on their own specific facts, and an employer is still required […]

Unfair Dismissal & Misconduct | Employee

Unfair dismissal & conduct If you feel that you have been unfairly dismissed by your employer, it is important to know your rights so you know whether you can claim for unfair dismissal. In some cases, your employer may not even provide you with any notice or warning prior to the dismissal. So, what is […]

Capability Dismissals | Employee

Performance management / capability Dismissals “Effective” performance management can be a great way for an employee to improve and address concerns that an employer may have about the employee. It should encourage objective and honest appraisal in a fair and impartial way. However, not all performance improvement plans are fair, and some employees may find […]

Facing Disciplinary Action | Employee

Facing disciplinary action If you are required to attend a disciplinary hearing, make sure you have access to the employer’s disciplinary procedure and observe whether the correct procedure is being followed. Your employer is required to send you a letter outlining the following: reasons for the hearing, and any documentation or other materials the employer […]

Breach Of Contract | Employee

Breach of employment contract When it comes to employment, the contract signed between the employee and the employing company is a vital legal document. At its core, these documents outline what is required from an employee to receive payment from the company. This means that the employee has his or her duties outlined, as well […]

Whistleblowing | Employee

Whistleblowing The law provides protection to people who whistle-blow. It is not necessarily to establish that you are an employee to gain protection from whistleblowing. The legislation applies equally to workers, agency staff, directors and anyone who is not genuinely self-employed. The whistle-blowing legislation is quite complex, and it can be difficult to establish that […]

Redundancy | Employee

Redundancy Dismissal by reason of Redundancy in the workplace is disruptive and traumatic for both employee and employer. It is important to understand what redundancy is: In employment law, redundancy procedures can only progress fairly if the employer has genuine reasons and grounds for making employees redundant. These grounds include: the employer having ceased to […]

Disability Discrimination | Employee

Disability discrimination Disability is defined under the Equality Act as someone who has “a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.” This is very much a legal definition, and ultimately it will be up to an employment tribunal to decide whether a […]