Seeking employment law advice for employers in the UK? In terms of employment law, it’s essential to make sure that, as a business, you’re fully compliant, have HR procedures in place, and are confident that should any claim arise, you’ll be able to deal with it both quickly and efficiently.
Of course, in the perfect world of ‘HR happiness’, you wouldn’t have any claims lodged against you, but sadly, the harsh reality is somewhat different. In this post, we’ll discuss a few examples of employment law advice for businesses, so you can start to navigate this field.
Employment Law Advice for Employers: Unfair Dismissal
In cases of unfair dismissal, the onus is on you, as the employer, to prove you had a valid reason for the dismissal and that you acted reasonably in all circumstances. You must also be able to prove consistency insofar as you didn’t dismiss an employee for something you would ordinarily let other employees do (e.g., work from home or on flexible hours). You must always conduct a full investigation prior to any dismissal.
Save for exceptional circumstances, e.g., where an employee has been violent or displayed threatening behaviour that would reasonably result in an instant dismissal for the safety of other employees, it is also advisable to give notice of the dismissal in writing, clearly stating the reason(s) for your decision. This is a compulsory requirement for any employee who has completed two years’ service with your company.
Regardless of the reasons for an unfair dismissal, it’s always advisable to keep full notes on any interviews or discussions that take place concerning your decision, in case the employee in question decides to appeal or make a claim. This might also include any appraisal notes, any staff records, and most certainly any statements leading up to the dismissal.
Employment Law for Employers: Legal Advice on Harassment
Another hot potato in terms of employment is harassment, since this can have quite an ambiguous definition in terms of what constitutes it. The legal definition for harassment is “…unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.
Of course, this definition will be interpreted quite differently by each employee, and it’s therefore essential to have a robust policy on harassment in the workplace.
Employment Law Advice for Employers Regarding Workplace Issues
Newtons Solicitors is here to offer employment law advice for businesses experiencing the matters outlined above. We suggest a number of simple steps an employer can take in order to tackle such work-related issues:
- Formal complaints procedure
Aside from specific policies on workplace ethics, another step is to adopt a formal complaints procedure, which can assist in resolving matters amicably at an earlier stage in the process.
- Settle the matter informally, if possible
Remember that all parties to a complaint have the right to be accompanied by a representative of their choice (legal or otherwise), as outlined in the Employment Relations Act 1999. In some cases, of course, it will be possible to settle matters informally, particularly if the party being complained about was unaware that their behaviour was causing offence to another person.
- Counselling or mediation
Failing the previous points, another option might be to refer the complainant for counselling or mediation. The key message for employers is that each and every complaint must be treated sympathetically, confidentially, and with compassion.
- Tribunal
Any employer should always remain mindful that an employee has the right to refer their case to a tribunal, for example, in cases of unfair dismissal or sexual harassment. This may result in you having to pay compensation to the aggrieved employee and/or giving them their job back. Learn more about employment tribunal costs for employers.
This procedure will ordinarily involve (the Advisory Conciliation and Arbitration Service), which will contact you directly. In this instance, it is important to adhere to any deadlines that may be imposed as part of the claim, and ordinarily, you will be permitted a period of 28 days within which to respond to any claim. Should you fail to do this, the tribunal remains at liberty to settle the claim as deemed fit without your input, so it’s important to comply with any requests you may receive.
- Settlement Agreement
Another means of drawing any complaint to an amicable closure is to enter into a Settlement Agreement. These are entirely voluntary and came into force on 29th July 2013, in an attempt to end an employment contract on agreed-upon terms.
Again, as an employer, it’s always advisable to mention this procedure in your company’s standard policies, since they constitute a legally binding agreement and cannot then give rise to a further claim being made by the complainant or employee.
Employment Law Advice for Employers at Newtons Solicitors
In essence, the message on employment law is clear. If you own a company, you need to protect both it and yourself against any potential claims, and the best way to do this is through a clear understanding by both parties of what the company policies state and how you intend to deal with any claims should they arise.
Clarity is always a key requirement of any legal process, so ensure that you’re clear on what you expect from your employees and what they should expect from you.
Contact our team of specialist solicitors here at Newtons Solicitors if you require employment law advice for employers in the UK. Our team is well-versed in assisting with employment law and unfair dismissals and would be more than happy to review your circumstances.