Employers - Employment Rights and Your Obligations
An employer's position is always damage limitation in respect of employment law. You have to understand your employee's employment rights, so as not to breach them and if you wish to dismiss an employee you have to comply with procedure. If you do not, then you will be faced with a time consuming claim and usually irrecoverable legal costs. In our experience (acting for employees as well as employers) it is always better to consult experienced employment solicitors earlier rather than later to avoid costly mistakes.
The main reasons for an employer contacting an employment solicitor are:
1. You want to understand your employee's contractual rights
The employee believes that:-
· You have breached their employment contract (FAQS: The Employment Contract);
· They should receive a higher bonus;
· They have a right to join a competitor or start up a business in competition (FAQS: Restrictive Covenants in Employment and Injunctions);
· They can steal confidential information (FAQS: Restrictive Covenants in Employment and Injunctions);
2. You want to understand your employee's employment rights
The employee believes that:
· They are being dismissed unfairly (FAQS: Unfair dismissal);
· They are being wrongfully or constructively dismissed (FAQS: Wrongful Dismissal or Constructive Dismissal);
· They are being unfairly made redundant (FAQS: Redundancy);
· They are being discriminated against (FAQS: Discrimination).
· You wish to understand our A-Z of more minor employment rights (FAQS: Data Protection; Employee Monitoring; Employment Handbook; Flexible Working; Grievance Procedure; Health and Safety; Human Rights; Interviews; Maternity Rights; Monitoring Sickness Absence; Paternity Rights; References; Sick Pay; TUPE; Whistleblowing; Working Time Regulations).
When you understand your employee's contractual and statutory rights then you are in a better position to manage the departure of an employee. Remember, prevention is better and more cost effective than cure so it may be useful to read the following:-
1. The Capability meeting ( FAQS: Performance meetings);
2. The Conduct meeting ( FAQS: Disciplinary meetings);
3. Redundancy meetings (FAQS: Redundancy procedure);
4. Discrimination claims (FAQS: Discrimination).
If you comply with the law and get the procedure correct, it is less likely that you will be facing the anger of an employee in the employment tribunal. Justice should not just be done but must be seen to be done.
You can always make a decision to manage the risk of an employment claim by negotiating a severance package http://www.severanceagreements.co.uk/) and offer a:-
5. Compromise Agreement ( FAQS: Compromise Agreement );
Otherwise you may be facing a claim in the employment tribunal:-
6. The Employment Tribunal - the Claim - "the end game" (FAQS: The Employment Tribunal).
We suggest that you call Andre Pungerl or Ruth Neil the employment solicitors and partners of Stone Joseph if you want to know more (020 7854 9098).