Breach of employment contract: essential guide
If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract. Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract […]
Working under protest: HR guide
A ‘working under protest’ scenario will often arise where an employee has lodged a formal grievance within the workplace following a contractual change to their pay or other terms, whilst preserving their right to take legal action against you. When an employee is working under protest, it is imperative as an employer that you seek […]
Overpayment of wages: how to reclaim
The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid. In other words, the employer is legally entitled to recover any salary overpayment from the employee. This rule will also apply regardless of whether or […]
Verbal warning at work procedure
The following guide looks at the process that should be followed when a verbal warning at work is issued, including what constitutes a legally recognised warning within the context of fair disciplinary proceedings. What is a verbal warning? In circumstances where an employer has concerns about an employee’s conduct and/or performance at work, it may […]
Dealing with insubordination at work
Insubordination at work can be a serious matter, given its effect of damaging working relationships, undermining organisational authority and the potential to impact wider team morale. In this guide, we look at what insubordination at work means, with common examples of workplace insubordination and how employers should deal with employee insubordination. What is insubordination at […]
Recording conversations at work: HR guide
Is making a covert recording in the workplace sufficiently serious to justify instant dismissal? As the likelihood and occurrence of secret recordings in the workplace grows, it has become good risk management practice for employers to take pre-emptive measures to deter secret recordings and to provide clarity to the workforce on the organisation’s expectations and […]
Whistleblowing: employer guidance
Whistleblowing in the workplace is dealt with under the Employment Rights Act. The following guide looks at the law on whistleblowing at work, from what protection a whistleblower may be afforded to what an effective whistleblowing policy should include. What is a whistleblower? A whistleblower is an individiual who reports certain types of wrongdoing, typically […]
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 […]
What is Family Law?
Family law is an area of law that relates to family matters and involves a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which […]
What is Divorce?
The following guide summarises the current process for filing for divorce in England and Wales. Divorce defined Divorce is the formal process by which a marriage is officially brought to an end by the court. The party to the marriage who files for divorce is known as the petitioner, while the respondent is the individual […]
What are the Different Types of Family Trust?
A family trust is a legal mechanism by which an individual can financially cater for their loved ones, essentially controlling how their family is to inherit their legacy, either during that individual’s own lifetime or upon their death. But what are the different types of family trust? Below we consider family trusts in more detail, […]
Family Trusts Explained
The family trust can be an effective way of making financial provision for your loved ones, both during your lifetime and after you die. This type of trust can be used for all sorts of different reasons, from helping to fund a child’s education to mitigating the cost of care home fees or inheritance tax. […]
Does a Family Trust Protect Assets?
Family trusts are commonly used for a number of reasons, not least to help protect valued assets, such as the family home or hard-earned investments, for both existing and future generations. But does a family trust protect assets effectively? What exactly are the pros and cons of a family trust within the context of asset […]
Family Trust – What is it?
The following guide to family trusts considers what these are, how they work and when you might consider setting one up, not least in the context of financial planning for the future, both during your lifetime and after you die. Family Trust – what is it and why would I need one? A family trust […]
Family Trust Disadvantages
The family trust, when used for the right reasons at the right time, can be an effective way of preserving and protecting personal assets for the benefit of loved ones, both during your lifetime and after you die. That said, as with any type of trust, there can also be a number of drawbacks to […]
Setting up a Family Trust
Setting up a family trust can be an effective way of controlling your personal assets during the course of your own lifetime and upon your death, ensuring that you have a say in exactly who benefits from your hard-earned wealth. It can also be a good way of protecting and preserving that wealth for generations […]
Using Bare Trusts for Grandchildren
Trusts are not simply the preserve of the wealthy, but are also commonly used by families of relatively modest means looking to make provision for their loved ones, either now or in the future. In particular, the trust can be a useful mechanism for a grandparent to invest money on behalf of their grandchildren, typically […]
How Does Domestic Violence Affect Child Custody?
When there have been instances of domestic violence, this further complicates the issue of child custody between separating parents. It becomes even more challenging to decide on the issue of child custody as the focus needs to be not only on the safety of the child, but also on the safety of the parent who […]