Free Employment Law Advice
Employment laws were created to protect both the employer and the employee. The employee benefits from protected employment, a safe working environment and protection from exploitation and unfair dismissal.
The employer benefits from employment laws in a similar manner and can set out necessary procedures in the event they need to terminate your contract of employment.
Employment laws such as the Employment Rights Act 1985 set out clear procedures which must be followed when hiring and firing your employees, following these will make it clear to both parties that such actions are in line with the laws and hopefully reduce any potential legal problems or one party taking advantage of the other.
One main legal requirement when it comes to employment law is a contract. This must state an employees responsibilities and rights. This does not necessarily need to be in writing but you are entitled to a written document within two months of starting your employment. Having an employment document which clearly states your rights and responsibilities which you can refer to in times of dispute will make employment law breaches less frequent and if these do place you will have your contract to protect you.
A contract of employment should include the following information:
- Job title and job description
- Responsibilities of the role
- Contracted hours an employee must work
- Terms of overtime
- Contract start date and if applicable contract end date
- Place of work
- Basic salary and details of any bonuses, performance related pay or penalties
- Holidays
- Pension details
- Notice periods
- Any restrictions such as working for competing companies or competing yourself
Having all these covered ensures that both parties are aware of their rights and expectations under employment law and the contract.
Possible breaches of employment laws by the employer can include a reduction of wages, unfair dismissal or demotion, a change in hours which may be unsuitable for the employer, a change in the job description, or even non payment of wages and breaches of the working time directive.
Employees can also breach the employment laws and terms of their contract by misconduct, causing the business financial losses, not turning up to work, not completing the tasks in their job description, not working in a manner which respects health and safety practices putting colleagues and customers at risk. This can often lead to a legal termination of the contract, especially if systems are in place to address breaches of contract.
If you employ a lot of staff you should consider getting a selection of contracts for your employees professionally drawn up by a legal professional. This will protect your rights as an employer more so than the many free templates available.
If you feel you have suffered a breach of your rights under the employment laws then you should consider seeking free legal advice from a specialist employment lawyer.