Before making a complaint to an Industrial Tribunal, an employee should seek to resolve the dispute by agreement. This should be done through the business’s own grievance procedure, where it exists. Employers and employees may seek assistance from the reconciliation officer of the Labour Relations Agency. The time limit for an application to the Industrial […]
Various Statutory Records Various pieces of legislation in England and Wales require the keeping of staff records. Records are required to be kept for the following: Hours worked under Working Time Regulations; Pay rates, in order to issue pay statements and meet minimum wages legislation; Tax and national insurance requirements; Holidays to comply with working […]
Procedures It is highly advisable that a business maintains written dismissal, disciplinary and grievance rules and procedures. Failure to have and follow the requisite procedures, increases risks in various contexts, including in particular, in the area of unfair dismissals. An employer is obliged to inform each employee of its disciplinary rules, the disciplinary/dismissal procedures and […]
Initial Taxation Obligations An employer must deduct income tax and National Insurance contributions for all employees and directors. This applies to full and part-time employees and temporary and casual employees. No obligation generally arises in the case of genuinely self-employed contractors. There are exceptions, notably in many sections of the building industry where tax may […]
Interview and Job Offer Certain legal issues can arise at the interview and pre-employment stage. There are obligations under equality legislation to make sure that employment candidates are not excluded from employment because of gender, appearance, ethnicity, name, religion, accent etc. An unsuccessful job applicant can make an application to an Employment Tribunal under anti-discrimination […]
Distinction A key distinction in employment law is between a “contract for services” and an employment contract. A contract for services is provided by an independent contractor i.e. someone in business on his own account. An employee is somebody who works under the terms of an employment contract. There can sometimes be a thin dividing […]
Fixed Term Employees A fixed term contract is one for a specified time, specified task or one which ends when a specified event does or does not take place. An example would be a retail business taking on extra staff coming up to Christmas. Unless special circumstances apply, employees on fixed-term contracts must be treated […]
General To a large extent, employers and employees are free to agree on the details of their relationship. Certain mandatory terms and conditions are implied by law. These conditions and rights cannot be varied by the terms of the employment contract. Terms may also be implied by custom and practice in the absence of an […]
Employers Liability Insurance Unlike in Ireland, Employer’s Liability Insurance is compulsory in England and Wales. The insurance must cover the costs of compensation and legal fees for employees who are injured or made ill in work by reason of fault on the part of the employer. In practice, where an accident or injury occurs, it […]
General It is desirable for a business to produce a staff handbook setting out rules and procedures which staff need to know. A Handbook will help employees understand what is expected of them and how they should carry out their activities. A Handbook should include clear policies on important employment matters. It should help the […]