Camden Solicitors

CAMDEN EMPLOYMENT LAW ADVICE FOR EMPLOYERS

Is there a time limit for unfair dismissal claims?

Yes, the time limit is three months.  Like any other claim, if you fail to bring a claim within this time limit, your claim will not be accepted unless there are exceptional circumstances which can explain the delay.

How much notice needs to be given to dismiss an employee?

It depends on the reasons behind the dismissal.  If the dismissal is due to gross misconduct, immediate dismissal with no notice or payment of wages for the notice period may be legal.

For reasons other than gross misconduct, the employment should be referred to in the first instance.  The contract must as a minimum comply with certain statutory minimums, which are:

• One weeks notice for employees who have worked continuously for one month but less than two years.
• If an employee has been employed continuously for more than two years, they will receive an extra week of notice for each year of employment up to a maximum of twelve weeks.

What procedures need to be followed prior to making redundancies?

Employers must consult their employees prior to making them redundant.  They should also consider whether there is suitable alternative work available and use clear and transparent criteria when deciding to make someone eligible for redundancy.  Failure to fulfil these minimums may result in a claim of unfair dismissal.

What is a service agreement?

A service agreement is a contract used to hire the services of particular service providers or independent contractors and is thus distinguishable from employment.   In addition a service agreement tends to run for a specific period of time or until a particular project has been concluded.

What kind of conduct can lead to discrimination claims being made at employment tribunals?

The Equality Act 2010 prohibits discrimination both direct and indirect against persons on the basis of certain ‘protected characteristics’ which includes race, age, gender, nationality, sexual orientation, gender reassignment and disabilities.

Direct discrimination is the easiest to define as it includes words, actions and conduct which discriminate against someone with a particular characteristic.  Indirect discrimination includes certain procedures and rules which do not directly discriminate but are unfairly prejudicial against persons with a protected characteristic.  Employers are also responsible for persons who are victimised for asserting their rights or persons who are unfairly treated because of their association with someone of a protected characteristic or a belief that they possess that a protected characteristic when they in fact do not.  If business partners and customers discriminate an employee and the employer does nothing to try and prevent it reoccurring, the employer can be held liable.

We hope thios page has been helpful, please now return to the employers legal advice page.