Civil Penalty (How to Challenge a Home Office Fine!)
As a UK employer you are under a duty to prevent illegal working by carrying out right to work document checks confirming all of your employees are lawfully allowed to work in the UK and undertake the work on offer. Failure to carry out these checks correctly or failing to carry them out at all […]
Tier 4 to Tier 2 (Switching Employee Visas)
If you are an employer looking to hire an international student graduate who has studied in the UK under Tier 4 of the points based system, the following guidance sets out the process of switching from a Tier 4 to Tier 2 visa. Further reference should also be made to the detailed Home Office guidance […]
Auto Enrolment Pensions (An Employers Guide!)
Since the introduction of the Pensions Act 2008, all UK employers are required to enrol certain employees in an auto enrolment pensions scheme and contribute towards it. This is known as Auto Enrolment. If your business employs 1 or more workers aged between 22 and the state pension age and earning over £833 per month […]
Staff Handbook (What it Needs to Include!)
A staff handbook, otherwise known as an employee handbook, employee manual or company handbook, is designed to provide employees with information relating to their working conditions over and above that contained within the contract of employment. Although the employment contract will set out the core terms and conditions governing the working relationship between you and […]
Dismissing an Employee with Less Than Two Years Service
It is trite law that an employee has the right not to be unfairly dismissed, albeit subject to the qualifying service rule as set out under the Employment Rights Act 1996. As the law currently stands, an employee will require a period of continuous service in your employment for ‘not less than two years ending […]
Grievance Procedure (Employer Responsibilities!)
Despite best attempts to nurture a happy and well-treated workforce, there can be instances where an employee encounters an issue which needs to be addressed. To make sure employees have the best chance of receiving a satisfactory outcome, improve company moral, and avoid potential tribunals, employers must establish a strong and clear grievance procedure. A […]
Contract of Employment (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law and to ensure that when taking on new staff, or renewing contracts for existing staff, that your practices comply with current legislation. As such, it is incumbent upon you to ensure that you provide a legally compliant contract of employment, […]
Early Conciliation in Employee Disputes
When faced with an employee dispute early conciliation can be one of the most expeditious and cost-effective methods of resolution for all parties involved. In this way both you and your employee, or ex-employee, may avoid the time, expense and stress associated with employment tribunal proceedings. What is early conciliation? Early conciliation is a system […]
What is the Minimum Wage? (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law, not least the requirement to pay eligible workers the national minimum wage – and to do so in accordance with the correct rate. No matter how small your enterprise, you are statutorily obliged to pay almost all workers the […]
Sick Pay Entitlement
Most employees who are absent from work due to illness are entitled to some kind of sick pay entitlement. Broadly speaking, an employees’ sick pay could take one of two forms, Statutory Sick Pay (SSP) or occupational sick pay. SSP is the legal minimum sick pay requirement, while occupational sick pay is a contractual term […]
Making Changes to an Employment Contract
There may be instances where employers need to think about making changes to an employment contract. An employment contract is a legally binding agreement made between you, the employer, and your employee. Employment contracts should be carefully worded with the guidance of a legal expert to provide certainty and clarity for both parties as to […]
Settlement Agreement (What are they?)
A settlement agreement, is a legally binding contract which is typically agreed between an employee and their employer. While they can be entered into at any stage of an employment relationship, settlement agreements are generally used before termination of employment following a workplace dispute or grievance. Settlement agreements were previously known as ‘compromise agreements’. Importantly, […]
Renewing or Ending a Commercial Lease Agreement?
If you are a business tenant and the commercial lease for your business premises is due to expire you will need to consider your next steps. You must determine whether you want to end or renew your lease, and if the latter under what terms, and communicate your intentions to your landlord. To ensure a […]
Disciplinary Hearing? (How to Prepare!)
Disciplinary hearings can be daunting and stressful for employees, with possible outcomes including demotion or even dismissal. If you are facing a disciplinary hearing, it will be important to prepare well in advance, understanding the nature and detail of the allegations being made against you, compiling a defence and familiarising yourself with the disciplinary procedure […]
Resolving a Commercial Dispute
A commercial dispute with a supplier, contractor, shareholder or business partner can be time-consuming and costly to resolve. Whether you are dealing with a breach of contract or professional negligence, it would always be preferable to avoid a dispute altogether. However, where disagreement does arise, steps will need to be taken for resolution. But before […]
Boundary Dispute – What are Your Rights?
A boundary dispute is a disagreement between the owner(s) or occupier(s) of two or more neighbouring properties in respect of their rights and duties over their land. It is common for minor disagreements with neighbours relating to rights over land to escalate into full-scale boundary disputes. Boundary disputes can take many forms. Typically, disputes will […]
How to Patent an Idea
A patent gives the owner legal rights in respect of a new invention that exclude others from selling, making, using or profiting from their invention for a limited time period. If you have invented a product or process which is new, innovative and has industry applications, you might be considering applying for a patent to […]
US B1 B2 Visa for Business and Tourism
If you are ineligible for the Visa Waiver Program, to gain lawful entry into the USA for short-term visit you will be required to apply for a visa. For temporary stays, the B1 visa category allows entry into the US for foreign nationals looking to carry out business in the USA, and the B2 for […]
Dress Codes: Can You Force Female Staff to Wear Bras to Work?
Much was made in the media last week about this week’s ruling in Germany giving employers the right to enforce specific dress codes on staff. There has been public outrage after the State Labour Court in North Rhine-Westphalia ruled on the case concerning the clothing and general appearance of airport security personnel, appearing to give employers […]
Making a Freedom of Information Act Request
The Freedom of Information Act 2000 sets out the rights and responsibilities of both the public authorities to make certain types of information publically available and those who wish to access the information by making a Freedom of Information Act request. Under the Act, individuals are permitted to request access to information about the activities […]