Wrongful dismissal: employer guidance
Legal issues surrounding the dismissal of an employee can quickly become costly and difficult to resolve. Wrongful dismissal claims present a specific set of challenges but are often confused with unfair dismissal. It’s important for employers to understand the distinction between these two types of dismissal, and what this means for avoiding and handling wrongful […]
HR1 form: redundancy notification
If your organisation has to make more than 20 people redundant, the Secretary of State must be notified of this intention. Failure to do so without justification may result in prosecution and/or a fine for the company or any of its officers. Advance notification of the redundancies is made using the HR1 Form. If you are […]
Zero Hour Contract Notice Period
Notice periods can be difficult to navigate, particularly in relation to zero-hours contract workers. It is important for employers to remember that, in spite of the flexibility a zero-hours arrangement can bring to your organisation, the individuals who work for you in this way are nevertheless entitled to rights relating to pay, annual leave and […]
Offering voluntary redundancy
Employers should consider all workforce options before pursuing compulsory redundancies. This includes offering voluntary redundancy. As a way to reduce headcount, ‘self-selection’ for redundancy can bring a number of benefits. Voluntary redundancies are generally more straightforward to deal with than compulsory redundancies, and entail less stress and animosity between the employer and affected employees. This […]
Dependency leave: guide for employers
This guide for employers looks at the rules relating to dependency leave, including who counts as a dependant and how best to manage requests for dependency leave. What is dependency leave? By law, the employee has relatively limited statutory rights when it comes to dependency leave, although establishing exactly when and to what extent these […]
Without prejudice & protected conversations
Without prejudice and protected conversations have become an essential part of the HR toolkit, but they have to be used with care to avoid further issues arising. If you are looking to bring an employee’s contract of employment to an end, you may want to have an off the record chat with a view to […]
Resolving pay disputes (HR guide)
Pay disputes at work require swift action on the part of the employer to understand the reason for the complaint, and to identify and rectify any issues or errors. The following guide on pay disputes sets out employees’ rights and entitlement to pay and the basis upon which a claim for unpaid wages could be […]
Overview of the Data Protection Act UK 2018
In May 2018, the Data Protection Act 2018 came into force alongside the new General Data Protection Regulations (GDPR). The aim of the Data Protection Act UK is to modernise UK data protection laws in conjunction with the GDPR and to ensure these laws will continue to be effective in the future. How are […]
What is a Commercial Lease Break Clause?
A commercial lease break clause enables either the landlord, tenant, or both to end the lease early either on specified dates or at any time during the term. There are many reasons why tenants may be unsure about committing to long term leases, particularly in a challenging economic climate. They could be a new business, […]
Collective Consultation (Redundancy Guide)
Consultation with any affected employees is a requirement in any redundancy situation, but where an employer is considering collective redundancies, a collective consultation exercise may also be required. Failure to comply with the legal requirements for collective redundancies can be a costly error and may also adversely affect employee morale and the business’ reputation in […]
How to Apply for a Premises Licence
Under the Licensing Act 2003 (England and Wales) and the Licensing (Scotland) Act 2005, a premises licence must be obtained to carry out certain prescribed licensable activities, including the sale of alcohol and the provision of regulated entertainment and late night refreshments. How to apply for a premises licence An application for a […]
Guide to the Licensing Act 2003
The Licensing Act 2003 governs the sale and supply of alcohol and late night refreshments and the provision of regulated entertainment in England and Wales. Under the 2003 Act the responsibility for the administration and enforcement of licensing rests with local authorities, acting through licensing committees. The responsible licensing authority must at all times seek […]
Mutuality of obligation & worker status
Mutuality of obligation is an important concept in employment law, as it forms a key part of the criteria used by tribunals for determining the employment status of an individual. Below we examine this concept in more detail, including how this is applied in the context of HMRC’s IR35 off-payroll working rules. What is mutuality […]
Maternity leave: employers’ guide
Employers have to meet a number of legal responsibilities when an employee is on maternity leave. Managed well, the period of maternity leave can improve morale, provide reassurance to your employees during their absence and contribute to a positive employer brand as a business that values its staff. Failure to meet your obligations and poor […]
Individual redundancy consultation: HR help
The process of managing individual redundancies differs from that of collective redundancies, including the individual redundancy consultation requirements. This makes it important for employers, HR and managers to understand the difference and follow the correct and lawful procedures to avoid tribunal claims. Making an employee redundant Employees become redundant if you are no longer carrying […]
Some Other Substantial Reason & Lawful Dismissal
As an employer, if you are looking to dismiss an employee, you will need a lawful reason to do so, otherwise run the risk of facing an unfair dismissal claim. In this guide, we look at what ‘Some Other Substantial Reason’ means and how, in practice, this can be applied by employers to establish a […]
Pre-employment overseas criminal record checks
Carrying out pre-employment checks for migrant workers can not only be crucial to ensuring that you are hiring someone trustworthy and reliable, but in ensuring that your chosen candidate is likely to be successful in their application for a work visa if you are looking to sponsor them. In this guide, we examine the rules […]
Written warning: disciplinary guide
An employer can give a written warning to an employee where they have breached the organisation’s disciplinary code, or their work or conduct has fallen short of what is expected. Employers however have to ensure they follow a fair and lawful disciplinary process to avoid the risk of tribunal claims. This guide offers employers further […]
Heads of Terms in Commercial Property Transactions
Heads of terms are used in commercial property transactions to set out the key terms expected to form part of the deal. Heads of terms help identify any issues which could prevent the success of the transaction as well as providing a guide for the lawyers when the formal, legally binding documents are prepared. While […]
Security of Tenure for Business Leases
When securing new premises, the future preservation and success of your business may hinge upon your security of tenure. Legal advice should always be sought prior to entering into a new business lease, as well as in relation to any security of tenure issues that may arise during the course, or upon expiry, of an […]