Help Desk-Avoid Employment Tribunal

For the unwary employer, labor law can be very dangerous in the field. Even in the work claims court can collect large legal fees to employers and are a very successful time and resources, not to mention the potential harm to staff morale. The following are examples of some fundamental employment issues as well as a discussion of employment tribunals claims.

The Employment Act 2002 Regulations 2004 require all employers, regardless of size, to operate minimum statutory dismissal, disciplinary and grievanceemployment tribunals system does not allow employees to bring a claim if they have not firstly exhausted any available internal grievance procedures. They should generally be followed not only the termination is due to the capacity or conduct, but also when the employer intends to terminate an employee for reasons of redundancy and non-renewal of temporary contracts. Under the Employment Rights Act 1996 is generally illegal to make any deduction from the employer takes an employee unless the employee has consented in writing or is it a law. Working Time Regulations 1998 afford basic rights and protections in relation to hours worked. Employers are required to recalculate the level of a woman's maternity pay if a pay rise takes effect at any time between the start of the reference pay period and the end of the maternity leave. procedures. If an employee has been employed for 12 months or more then they are automatically entitled to receive the minimum level of formal disciplinary procedure from their employer. If an employer dismisses an employee without following the correct statutory procedures, this may be classed as an unfair dismissal. The

An annual change of minimum wage rates occurs on 01 October. Failure to pay the minimum wage can lead to substantial fines. Information and Consultation The Information and Consultation of Employment Regulations 2004 give employees of organizations with more than a specified number of employees the legal right to be provided with information about and be consulted on major business decisions which affect them at work. The legislation makes it possible for employers to be more flexible with their employees and to come to arrangements that are appropriate for their business needs. Agreements that have been made between the employer and employee are permitted to continue. Where there aren't any existing arrangements, the onus is on employees to ask for information and consultation agreements to be put in place. Employment tribunal will be obliged to comply with the request if it is supported by 10 per cent of the workforce.

All employers are required to consult on Health and Safety matters, with any elected safety representatives or with employees themselves, and in certain business transfer and redundancy situations. Unless you're absolutely certain of your legal position, any careful employer would be well advised to seek legal advice from specialist employment solicitors if any of these dismissal arise. The agreements that have been made to the employer and the employee may continue. If you do not have all the current regulations, employees are obliged to request information and consultation arrangements can be implemented. Employers are required to comply with the request if it supports 10 percent of the workforce. All employers are required to negotiate the health and safety of all elected safety representatives or employees, and business transfers and certain situations of redundancy.