November 25, 2020

Employment Law – Four Traps to prevent

Work law is a complicated area to get employers, and failing to be aware of the proper procedures could end in a costly employment tribunal claim. This could be expensive each financially as regards legal costs plus any award made, and in terms of working time lost plus morale levels. Here are four key employment law areas that all companies should be aware of.

1 . Collective Redundancies.

In case a minimum of 20 employees are going to be produced redundant at a single establishment within 90 days, according to the Trade Union and Labour Relations (Consolidation) Act 1992, employers must consult with any staff of the employees. Failure to do so can lead to a protective award requiring company to pay each affected employee as much as 90 days’ pay. Employers which are thinking making redundancies of among 20-99 employees must start the consultation process a minimum of 30 days prior to making any decision to terminate employees’ contracts. If more than 100 redundancies are proposed, this period increases to 90 days. Genuine efforts to consult must be made – merely keeping employees informed does not complete this duty.

In addition , in these situations notification must be made to the Admin of State of the proposed redundancies at least 30 days or 90 days prior to giving notice to terminate an employee’s contract.

Restructuring a business, also where staff may not actually keep your employment, carries with it possible risks.
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If fundamental changes are created to employees’ jobs, care must always be taken. If you propose to retain an employee on what is in reality a different contract of employment, this is a proposal to terminate the existing one.

2 . Employees on Fixed-term Contracts.

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 give those employees who have fixed-term contracts the right in order to equally favourable treatment as similar permanent employees, especially regarding conditions of their contracts, unless there is a good reason for them to be treated differently. Additionally, the Regulations aim to prevent effective fixed-term contracts when a worker is truly a permanent member of the workforce. To discourage this practice, a fixed-term contract is normally automatically converted into an agreement of indefinite duration once a worker has completed four years’ constant employment under two or more fixed-term agreements. Service before 10 July 2002 does not count towards the period of four years’ continuous employment so the first date on which fixed-term contracts might be converted to indefinite contracts was 10 July 2006. If an employee is usually dismissed because they have tried to impose their rights under the legislation, it really is automatically classed as unfair dismissal.

3. TUPE.

The Transfer associated with Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the particular employment rights of employees when their employer changes as a result of the particular ‘relevant transfer’ of a business or a part of one. When a business is sold and the TUPE Regulations apply, both transferer and the transferee have a duty to inform and consult with the appropriate representatives of any affected employees using a view to seeking their agreement to the proposed measures.

When a business or business unit is being moved, with its employees, it is essential to take guidance at the planning stage.

4. Whistleblowing.

The Public Interest Disclosure Act 1998 (PIDA) – commonly called the ‘Whistleblowing’ Act – gives workers lawful protection when disclosing information associated with crimes, breaches of a legal responsibility, miscarriages of justice, dangers to health and safety or the environment and to the concealing of evidence relating to any of these. It is automatically unfair dismissal in order to dismiss an employee for making a ‘protected disclosure’, in good faith, to someone to whom they are entitled to make it, or to penalise them for doing this. The protection afforded continues to apply after the termination of the whistleblower’s work.

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