Posts Tagged ‘unfair dismissal’

The Importance of Employment Law

September 30th, 2011

Employment law is the set of rules and regulations that govern the rights and restrictions of workers and employers. It is through employment law that regulations such as minimum wage, working hours and maternity leave are decided and enforced. Consequently, an understanding of it is vital for both employers and employees: not knowing your rights could lead to problems in the workplace. In many cases, it is because of a lack of understanding of your rights as a worker or as an employer that solicitors become involved in a business: being aware of what the law requires of you could mean that there is less risk of violating your working contract.

The complexities of employment law mean that it is often difficult to successfully argue your own case in court. Consequently, there are specially qualified employment solicitors who focus primarily, or solely, on cases involving employment law. This means that they are able to present your case to an employment tribunal or negotiate compensation in order to ensure that you receive the best possible outcome for your case. In many instances, however, cases of unfair dismissal or discrimination may not be noticed if a person is not aware of how the law relates directly to them; it is important therefore for everyone of working age to have a basic knowledge of how employment law affects them.

Although employment regulations have been an issue for many years, laws have been enforced most significantly in the UK within the last 20 years. The Employee Rights Act of 1996, for example, enabled workers to ask for flexible working hours and ensured that there were regulations in place to avoid instances of unfair dismissal. Further to this, the Minimum Wage Act and the Working Hours Act, both in 1998, increased workers rights and ensured that they would be treated fairly by their employers. It is therefore clear to see that employment law relates to employers as well as to workers: if an employee is aware of his or her rights, and is therefore also aware that they are not being respected, then they have the right to hire solicitors in order to rectify the situation.

Although employment law may seem like something that is irrelevant to you as an individual, it is vital that you understand the basic principles. Although we all hope to not be put in a situation in which we are being treated unfairly, there is always the possibility that our rights may be violated: consequently, taking the time to learn a little about the laws regarding workers and employers may prove to have been a vital investment in your future.

Posted in Employment Law

Advice For Employers On Settling Employment Disputes

August 25th, 2011

It goes without saying that the best way for an employer to settle employment disputes is to try and ensure that they never happen in the first place. Far from being a glib statement of hope, the above statement can be turned in to a clear strategy that can help reduce the frequency and the intensity of disputes in the workplace that can lead to employers being hauled before an Employment Tribunal. Since most Employment Tribunal claims lodged against employers stem from perceived discrimination, breach of contract or unfair dismissal this strategy should aim to tackle these issues at the root.

The best way to stop discrimination claims being taken before an Employment Tribunal is to try and eliminate discrimination in the workplace. This should be done by making employees aware of both the definition and likely effects of discrimination both on the perpetrators and the victims. All employees should be made aware of both the rights and obligations of employee and employer and the procedural avenues available to each party. An effective way to do this is to get all employees and management to sign anti-discrimination clauses in the workplace agreement.

Claims of breach of contract can be mitigated against by the careful writing of such a document. If the contract can be made as clear and precise as possible this will help to eliminate confusion. Employers should make their employees aware of what is expected from them both and how they hope this can be achieved. Making sure that the company has a strong set of internal procedures for dealing with difficult claims and making employees aware of these processes will help to inspire confidence and an attitude that problems can be dealt with through in-house consultation and agreement.

Claims of unfair dismissal can be avoided by regularly outlining the company’s code of conduct and the employee’s role within that. If all employees know what is a fair reason for a dismissal not only will they self-police, but they will also refrain from behaviour of that kind.

This strategy centres on clear and continuous communication between an employer and their employees. If an atmosphere of consultation and dialogue exists then employees will be much more willing to use internal procedures, and will have faith in them.

Posted in Employment Law