All That You Need To Know About Employment Law

December 17th, 2011

Employment law is not just a single law, something that most people believe it to be. In actuality, it is a complete system that was set up to help protect employees from employers by creating laws and standards of treatment that have to respected and followed by employers. This includes providing different types of benefits, such as health care insurance to not only the employees, but also their families. This system also prevents employers from discriminating towards any employee, in terms of religion, race, gender, disability and sexual orientation.

Employment law has become a very important part of the judiciary system because it helps to protect the most basic of human rights in the place of employment. There are plenty of other essential topics that this law covers. It is also and more commonly referred to as the Labor Law and it refers to the obligations and rights of the employee and employer, which are usually voiced through a contract between the two parties. However, this law should not be considered to be solely in the advantage of the employees, because in reality, some experts actually claim that the current Labor Law gives too much power and authority to the employers. For example, the current law gives the employers the full authority to fire any employee for whatever reason, as long as it is not breaking the law.

However, there is a lot of positive things about the law, such as the standards that employers have to meet, for example making sure the workplace is completely healthy and safe. In addition, employers cannot take advantage of their employees in any way, or the employee has full authority to complain to authorities, such as forcing them to work overtime, without compensating them accordingly. The law actually covers two different types of protection laws. The first one is the collective labor laws, which are agreed upon between the workers union and the employers. This covers union strikes and picketing in the workplace environment. The other type of law is the individual labor laws that are either requirements by the state or federal government, such as working hours, minimum wage and safety.

The 21st century doesn’t allow employers to treat their employees any way they please, something that was very common only a couple of decades ago, and still is very common in third world countries. It was never in anyone’s mind that law and order would take such a strong stance on employment, especially since what history has taught us.

But thanks to some great minds that set us along the right way, we have been able to grow as both a country and as humans. Employment Law ensures that employers are no longer treated like animals and forced to work for close to nothing and in terrible and unhealthy conditions. In addition, as time passes, the labor laws will only start to get better and more in touch with what the employees and employers both feel is best for the growth of the overall economy of the country.

5 Tips for Bringing an Employment Tribunal Claim

December 12th, 2011

If you have been dismissed from your employment, or unfairly dismissed, or your employment has been terminated unfairly in some other way, you may be able to bring a claim before an Employment Tribunal in the UK. Here is some things that you should know before you decide whether you have a valid claim.

Bringing a claim before an Employment Tribunal can be a daunting experience for most people, and particularly for anyone who is left to handle the claim on their own. This handy little article provides 5 important tips for helping you to prepare and lodge your claim before an Employment Tribunal in the UK, to help you get started with this oftentimes complex process.

1. Make sure you know what your rights are and what type of claim you are bringing: If you don’t know your rights, you should firstly seek out some free legal advice if you do not qualify for legal aid and have no funds to employ solicitors. The Justice website contains information on the types of claims and the appropriate legislation that applies, and citizen’s advice can provide free advice even if they cannot bring the claim on your behalf.

2. If you have been dismissed, make sure you know the exact date when you were dismissed: The day your employment ended is crucially important, so make sure you calculate it properly. The date your employment ended is known as the Effective date of Termination (EDT), and will assist in calculating the last date for lodging your claim, which in most cases is 3 months from the EDT. Be sure to take account of any periods of notice that may apply to your situation.

3. Make sure you submit your claim on the proper claim form, known as an ET1 form, and include all relevant information. This form is freely available from the ET section at Justice.gov

4. If your claim is accepted, make sure to set out a plan of action as to how you will prepare your case and any evidence or documents that you may need to help you prove your claim. The plan of action should include any relevant dates (such as a hearing or pre-hearing review) and how long you have left for these important dates.

5. If you have difficulty obtaining evidence or witness statements, you can ask the Tribunal to issue an order against anyone you believe has evidence you need – and for them to supply that evidence; or who could testify on your behalf, and for them to attend to give testimony.