Employment Law for Individuals
We believe our experience in handling employment disputes from both sides gives our clients access to rounded and practical advice that will be of benefit.
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Disciplinary and Grievance Procedures
Employees have extensive rights concerning the way in which disciplinary and grievance hearings are conducted. However, many rights do not arise unless specifically requested by the employee.
An employer is obliged to provide an employee within two months of commencing employment with written details of the disciplinary and grievance procedures that will be operated with respect to him/her. The employer must either give a document to the employee with the details, or alternatively inform him/her where and how he/she may see a copy of those procedures.
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Discrimination, Victimisation and Harassment
It is illegal to discrimate on grounds of gender, sexual orientation, marital status, gender reassignment, race, colour, nationality, natural origin, ethnic origin, disability, age, religion or belief. This behaviour still persists and the law provides workers with protection and powerful remedies.
The law protects individuals against discrimination in a number of ways including -
- on the selection and appointment of staff
- the arrangements for and access to promotion and training
- from detrimental treatment including harassment, and on selection and reasons for dismissal
There is also legal protection for employees from discrimination in the way in which any policies, procedures or practices are operated by the employer. This type of discrimination is known as 'indirect discrimination'.
There is also an obligation on employers to make reasonable adjustments to the workplace and work practices to enable disabled people to do their work as effectively as possible. Not every type of adjustment will be 'reasonable'. The legislation and court cases provide some guidance on this. We can advise you on your rights, and your employer's obligations to make the necessary reasonable adjustments.
The law on protection against discrimination on grounds of sexual orientation, on religion and on belief came into effect in December 2003. It provides protection from direct discrimination on these grounds, including harassment, and 'indirect' discrimination. The protection against discrimination on grounds of sexual orientation also includes protection from discrimination on the basis of the perceived sexual orientation of the employee, as well as actual sexual orientation. It protects people of all sexual orientations, heterosexuals, homosexuals and bisexuals. We can explain these rights and guide you through the legal process to obtain proper redress.
Claims of discrimination can be made against an employer even when the individual concerned has never worked for that employer - such as in connection with a job application. There is NO upper limit on the compensation awards that may be awarded to a victim of discrimination. The Employment Tribunal is not afraid to make substantial punitive awards where it finds discrimination.
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Getting a Fair Reference
Contrary to popular belief employers are not obliged to give a reference for current or former members of staff. However, if they do provide a reference the employer owes a duty of care to give a fair and accurate reference. This does not require the reference to be absolutely comprehensive, nor does it mean that negative points or comments cannot be made. The duty is to give a fair summary.
Many job offers are made subject to satisfactory references, so the importance of this issue should not be underestimated. Sometimes an employer may be prepared to agree the wording of a reference when an employee leaves.
We can assist you on an appropriate way to agree a reference with your former employer, and how to deal with a situation where the former employer has given an inaccurate or misleading reference.
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Redundancy and Business Takeovers
These are stressful matters for all employees, who have rights to receive information and in some circumstances be consulted with. Consultation with staff affected by a potential redundancy or business takeover or transfer is supposed to take place in good time before the event occurs, and be a real opportunity for employees to participate in the process and have their say.
There are also statutory minimum periods of consultation when large scale redundancies are envisaged by the employer. Some staff will be entitled to statutory redundancy payments in this situation, and the employer is required to explain how such a payment is calculated. If a proper procedure is not followed or if there is no genuine redundancy situation, dismissed employees may be able to make a claim to the Employment Tribunal.
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Rights of Working Parents
Adoption Leave
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- A right has been introduced for individuals who adopt a child (or for one member of a couple (where the couple adopts jointly) to take adoption leave. This is broadly similar to the provisions applicable to maternity leave.
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Flexible Working
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- Subject to certain criteria, parents and carers can apply for flexible working and there are regulations which set out how the employer is to deal with such applications.
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Maternity Leave
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- Pregnant employees are entitled to 26 weeks ordinary maternity leave regardless of how long they have worked for their employer.
- The ordinary maternity leave is normally paid leave. Notification has to be given to the employer that the employee is pregnant. In addition the employee must state when she wants the maternity leave to start.
- Women who have been employed long enough can take Additional Maternity Leave for a further 26 weeks.
- There are many rules relating to pay, anti-natal care, risk assessments, notices, the right to return to work and leave generally and we can advise you of your rights and obligations.
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Paternity Leave
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- Employees who satisfy certain eligibility criteria are entitled to paternity leave, of either one or two weeks.
- During their paternity leave, most employees are entitled to Statutory Paternity Pay from their employers.
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Parental Leave
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- This is distinct from Paternity Leave, and applies to men and women. Again it is subject to eligibility criteria.
- Up to 13 weeks leave may be taken in respect of each child, although not all in one block.
- There is no right to payment during a period of parental leave.
- Special provisions apply in respect of parents of disabled children.
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Unfair Dismissal
Many people are dismissed every year without fair reason or procedure. We can advise you on your rights, and seek to negotiate proper compensation for you.
In most instances, protection against unfair dismissal arises once the individual has been employed by the employer for a period of a year. There are limited circumstances in which the protection from unfair dismissal may arise earlier. The maximum award for unfair dismissal is now £66,200.
Usually it is for an employer to show that they have a fair reason for the dismissal, but even if they can show this the manner in which it is conducted is crucial to the question of fairness.
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Workplace Stress
There have been numerous cases over recent years on the issue of stress at work, and the employer's liability for causing stress.
Health and Safety law obliges employers to take reasonable steps to ensure a safe system of work, and this includes taking steps to limit the exposure of staff to stress.
On the occasions that stress is caused by some form of discrimination, an individual can raise this matter in a complaint to a Tribunal. In other situations the stress may give grounds for the employee to leave work and claim constructive dismissal. Alternatively, a claim might be pursued in the County Court or High Court where the stress leads to personal injury such as clinical depression.
This area of law has become increasingly complicated, and we can guide you as to the best way to deal with this problem.
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Tribunal and Court Representation
Unfortunately some disputes are not resolved amicably, and so it may be necessary for an employee to pursue his or her claim in the Tribunals or Courts. The Department has substantial experience of successfully representing individuals in the practices and procedures they follow.
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Contact our Employment Department to discuss any problem to see if we can be of help.
To make an appointment please email Mark Ridley
or alternatively telephone the Department direct 024 7649 3118 and speak to Sue Mace, the Department's PA.
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