Conducting a disciplinary investigation
A disciplinary investigation is where your organisation needs to look further into the conduct of an employee, or to ascertain the facts surrounding an incident or allegation, prior to taking disciplinary action. It is not always the case that a disciplinary investigation will result in a disciplinary hearing. The aim of the investigation is to […]
Apply for EU Settled Status
Under the EU settled status scheme, EEA citizens currently in the UK are required to register with the Home Office to confirm their continued right to live, work and remain in the UK after 30 June 2021. UK settled status will allow you to live and work in the UK indefinitely. You will also be […]
Grievance procedure steps
A grievance is a work-related complaint brought by an employee. Grievances should be used to bring issues to the employer’s attention for the matter to be investigated and resolved fairly. Examples of reasons for making a work-related grievance can include health and safety concerns, harassment from another member of staff, the behaviour of a line […]
Contesting A Will (A Complete Guide!)
If you are considering contesting a will, there will be a number of questions to ask about the process, the costs and whether you in fact have the right to bring a legal challenge. In all cases, you will need to act quickly as strict time limits apply and the more time that passes, the […]
What Is Slander? (Essential Defamation Guide)
What is slander? Slander is one of two types of defamation. For a statement to be defamatory, it must be false and have caused or have the potential to cause harm to the reputation of another party. Slander covers defamatory statements that are temporary in nature and includes spoken statements, gestures as well as conduct. […]
What Is A Pre Action Protocol In Civil Litigation?
The rules governing pre-action conduct can be found in the pre-action protocols and the Practice Direction on pre-action conduct and protocols (PDPAC). What are Pre Action Protocols? Pre action protocols (PAPs) specify the conduct procedures that parties are expected to follow if involved in a dispute that may lead to litigation in the English courts. Fundamentally, the […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Constructive Dismissal Advice For Employees
Employees forced to resign as a result of their employer’s conduct in the workplace may be eligible to claim constructive dismissal. Below we provide some constructive dismissal advice, from what this means and who is eligible, to how to approach a potential claim for constructive dismissal, both before and after resigning from your job. What […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Being Evicted For Rent Arrears? Tenant Rights
If you are being evicted for rent arrears, you are not without protection or rights. The landlord must fulfil their legal responsibilities and follow the correct procedure. Your rights, as a tenant facing eviction, revolve mainly around your landlord’s responsibilities. Coronavirus housing & tenant advice Many tenants are now struggling to pay rent due to […]
Collective bargaining: employer guidance
The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union. What is collective bargaining? Collective bargaining is the official process by which representatives of trade unions […]
Consumer Rights: Faulty Goods under Warranty
If an item you have purchased develops a fault, should you rely on your legal rights or make a claim under the warranty? What is a warranty? A warranty is, in essence, an insurance policy for your purchase. It is in addition to your statutory legal rights. It may be provided by the retailer or […]
ID1 Form Land Registry (How to Complete it!)
The ID1 form is used to provide evidence of identity to the Land Registry for a private individual in respect of certain property-related applications. The ID1 form is required when making one of the following applications: a) a transfer of land or a transfer of a mortgage b) an amendment to a deed or […]
Contracted Hours Not Being Met? (Help!)
The problem of contracted hours not being met is affecting employees across the economy as employers are forced to respond to the impact of the coronavirus outbreak. The following guide provides an overview of the law relating to contracted hours, and what you can do if your employer has failed to pay you for all […]
What are fair reasons for redundancy?
Redundancy is classified as a potentially fair reason for dismissal, provided that it is carried out properly and the employer follows a lawful process. If the redundancy is not genuine, the correct process is not implemented or the reasons for an employee’s redundancy are unfair, the dismissed employee may be able to bring a claim alleging […]
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 […]
Compassionate Leave (Your Entitlement!)
Time off work following the death of a loved one is known as compassionate leave or bereavement leave. How much are you entitled to and what are the conditions of that leave? Am I entitled to time off work for compassionate leave? Under section 57(A) of the Employment Rights Act 1996, employees have the right […]
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 […]
Rights of Non-EU Spouse of EU Citizen in UK
As the foreign spouse of an EU citizen residing in the UK, you will need to apply for a new type of immigration status by 30 June 2021 to enable you to continue living in the UK lawfully after this deadline date. The following guide looks specifically at the residence rights of non EU spouses […]