Employment Law
As a business, it is good practice to have a solid understanding and implementation of employment law in the UK. Employment laws are designed to provide a level of regulation between a business and its employees. Failure to adhere to the various regulations could result in serious consequences, so it is important to understand and receive advice wherever necessary.
What is employment law?
The laws are designed to specifically lay out exactly how staff and employers should behave while at work. The area of employment law is complex and there are several pieces of legislation, which detail the sheer amount of existing employment laws. The vast amount of laws that exist are designed to protect workers’ rights, while also providing a level of protection to employers.
Dismissal
All employees have the right to be protected from dismissal via laws relating to unfair dismissal, constructive dismissal, wrongful dismissal. Within an unfair dismissal, an employer must demonstrate that the dismissal is fair and provide adequate reasons for the dismissal.
A constructive dismissal applies when a worker resigns from a position when they feel they cannot continue in the role due to discriminatory treatment, which breaks the rules set out within The Equality Act 2010.
A wrongful dismissal occurs when an employee is dismissed without being offered the required notice period. Failure to follow the laws set out in the Code of Practice on Disciplinary and Grievance Procedures could result in the case being taken to an employment tribunal.
It is important that your business maintains an awareness of these laws to ensure a safe and functional working environment. Our team are available to offer professional guidance and advice, to assist with every aspect of employment law issues. To find out more, please contact us today.
Employment contracts
A contract of employment is an agreement between an employee and an employer, which details the services expected in return for payment. The law states that all employees must be provided with at least certain basic information, within two months of starting work. It is important to provide a clear employment contract, as this can form the basis of evidence in an Employment Tribunal Hearing.
Part-time workers and fixed-term contracts
If an employee works part-time hours, they are protected by the Part-Time Workers Regulations, which state that these workers should not be treated less favourably than full-time workers. This also applies to those working via a fixed-term contract, which are often used to provide cover for other permanent workers or for short-term projects.
Salary, wages and bonuses
The term ‘wages’ is legally defined as payment for employment and includes commission, holiday pay, bonuses, fees and any additional non-contractual payments. By law, all workers over the age of 16 must be paid the national minimum wage (NMW). The rate rises depending on age and there are different rates which apply to those working under an apprenticeship.
The Working Time Regulations
The Working Time Regulations will apply to the majority of workers and are designed to limit the hours which employees can work, while also laying out the regulations for holiday pay. To summarise, workers should not work more than an average of 48 hours a week without prior written agreement.
In addition, workers should have 5.6 weeks of paid holiday per year and at least one full day away from the workplace each week. In terms of breaks, workers should have a 20-minute rest break where the days are longer than six hours.