Implied terms of employment: rules for employers
The contract of employment is a legally binding agreement between employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities. By understanding the nature of the employment contract, together with its constituent parts, not least the express and implied terms of employment, this will […]
Working Time Regulations (A Guide!)
The Working Time Regulations 1998 introduced, for the first time, rules of general application limiting working hours and providing for rest breaks and holidays. [toc] What are ‘workers’? The WTR only protects “workers”, defined as all those working under: A contract of employment; or Any other contract whereby the individual undertakes to perform any work […]
Employee rights during probation
The following guide for employers focuses on employee rights during probation. We look at how to manage probationary periods in the context of employee’s statutory and contractual rights, from setting targets and goals for new employees, as well as how to address any performance or conduct issues that may arise during the period of probation. […]
Notice period to change employment contract terms
Changing an employee’s contract of employment is not something you can usually do without their consent. Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient […]
Employees’ relocation rights: HR guide
Whether organisations are moving to bigger premises, for financial reasons or to be nearer to customers, the relocation process is invariably complex, carrying a number of risks and challenges for human resource teams. The priority should be retaining key personnel and maintaining a positive and productive workforce through the relocation process, while reducing legal risk […]
Disciplinary Meeting: How Employers Should Prepare
The disciplinary meeting is a critical stage in an organisation’s disciplinary procedure, as stipulated by ACAS in its Code of Practice. Even in seemingly straightforward cases where there is perceivable compelling evidence against an employee, a fair process must be followed. Where an employer fails to meet the required standards, they risk allegations of unfair […]
Shared parental leave: HR guide
With Shared Parental Leave (SPL), parents can opt to share up to 50 weeks of leave and up to 37 weeks of pay between them in the 12 months after their child is born or, if adopted, placed with the family. In this guide, we summarise the rules on SPL and how employers can approach […]
Types of disability discrimination
It is unlawful to discriminate against an individual in the workplace by reason of disability. Discrimination issues typically relate to flawed or inconsistent organisational policies, procedures or practices that have failed to accommodate people’s physical or mental impairments as required by law. Understanding and recognising different types of disability discrimination can help employers take a […]
Capability dismissal: guide for HR
Capability dismissal refers to an employer terminating an employment contract on the basis of poor performance where they have a reasonable belief that the employee is unable to carry out the duties required of them to the expected standards. Employers are permitted to lawfully dismiss employees by reason of poor performance and capability, but they […]
Dismiss for poor performance: steps to take
Before an employer can lawfully dismiss an employee for poor performance, they must first show they have followed a process to allow the employee the opportunity to improve and meet the standards required in their role. The Acas Code of Practice provides guidance to help employers ensure their obligations towards their employees are met during […]
Disciplinary hearing: guide for employers!
Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary hearing with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully. We look at how employers should prepare […]
Sexual Harassment at Work (A Guide!)
Sexual harassment at work is an unlawful form of discrimination involving unwanted behaviour of a sexual nature. Employers are under a legal duty to prevent sexual harassment in the workplace. The Equality Act 2010 states that a person’s conduct amounts to sexual harassment if it is either meant to, or has the effect of, violating […]
Law of Evidence – What is it?
The law of evidence encompasses the rules and legal principles that govern the proof of factual matters in both criminal and civil proceedings. It is the evidence that helps the parties prove or disprove their case and, in turn, assist the court in fairly determining the outcome of those proceedings. Below we examine the different […]
Contract Law (A Guide to the Principles!)
Contract law is a body of law regulating the making and enforcing of agreements. We all enter into hundreds of contracts throughout our lives, very often on a daily basis. This can range from simply buying a cup of coffee or booking a holiday, to entering into a contract of employment or selling our home. […]
Contract Terms
A contract is a legally enforceable agreement between two or more parties. The terms of contract set out the rights and obligations of each party under that agreement. It is these contract terms that determine what the contracting parties are legally obligated to do in exchange for the promise of the other. The following article […]
Offer and Acceptance
The formation of a contract is primarily based upon the existence of an agreement between the parties. Generally speaking, an agreement is reached when one party makes an offer, which is accepted by another party. This article examines the legal concepts of offer and acceptance in contract law, and how these principles work together to […]
Mistake in Contract Law (What is it & What are the Effects?)
10 minute read Last updated: 13th August 2019 This article examines the meaning and effect of the doctrine of mistake in contract law, including the different types of mistake, how these may impact on the validity of a contract and the legal remedies available for ‘mistake contracts’. This article covers: What is a ‘mistake contract’? […]
Legal Remedies (A Brief Overview!)
Legal remedies are the means with which a court of law, in a civil law context, enforces a right, provides compensation or makes some other court order as a means of resolving a contractual, tortious or other type of dispute. Such remedies can generally be divided into two categories: legal and equitable. Legal remedies allow […]
Exclusion Clause in Contract Law (A Summary!)
An exclusion clause in contract law is a common way of apportioning risk for contracting parties to exclude or restrict their liability to one another in the event of default. Some clauses seek to completely exclude liability, whereas others limit it. This may be, for example, by capping the amount payable in damages in the […]
Consideration in Contract Law (A Short Guide!)
Consideration in contract law is one of three key elements required to make a contract valid and binding. The three essential components which must be present to make a contract enforceable are: that an agreement has been reached between all parties; that there is an intention by all parties to be legally bound by the […]