2 General principles 2 I can't be sacked for being flamboyant Discrimination damages people 6 Whistleblowing 8 Recruitment 12 Employment terms 14 Family friendly rights 16 Disciplinary and grievance procedures 18 Unfair dismissal 24 Potential remedies 25 Collective redundancies 27 About the team 30 This booklet is only a brief overview of English employment law, and is for general purposes only. We would be pleased to help you with specialist legal advice for specific circumstances. Information correct as of April 2016.
3 General principles Written evidence wins employment cases. Ensure that every stage of the employment relationship is carefully and regularly documented appraisals, appropriate disciplinary warnings, redundancy selection processes, grievance procedures etc. If in doubt, write it out! I said this and they said that
4 Policies are important... Ask your staff to sign an acknowledgement to confirm they have read your most recent policies on equal opportunities, anti-harassment and bullying, and internet use (including, if appropriate, social media), anti-bribery and corruption, data protection and, where applicable, code of ethics. You can then prove they are bound by them. But they re pointless without training. Make sure employees, and especially line managers, receive training on equal opportunities, anti-harassment and bullying issues. And keep written training records. You can then prove you took reasonable steps to prevent any discriminatory actions or inappropriate behaviour by staff. 4 5
5 Discrimination damages people Discrimination because of sex, marital status, pregnancy or maternity, race, disability, sexual orientation, gender reassignment, religion or belief, and age is prohibited. This applies to every stage before, during and after employment. Partners, contractors and agency workers are also protected. be fair to facial hair follicle tolerance And profits. Compensation, based on the employee s actual and future losses (subject to mitigation) and injury to feelings, is the usual award in discrimination claims. There is no maximum limit to that compensation. For some employees (especially older workers) it could amount to several years pay and benefits. 6 7
6 Whistleblowing Employees are protected from dismissal and also detriment for reporting certain types of wrongdoing of the employer. To qualify for protection the employee must satisfy a number of tests, including that the disclosure must be in the public interest and relate to a specific type of malpractice, such as, for example, a breach of a legal obligation, a criminal offence or danger to health and safety. Compensation in a successful whistleblowing claim is usually based on the employee s actual and future losses (subject to mitigation). There is no maximum limit and an award to injury to feelings is also available. 8 9
7 How comments can come back to haunt you: Everything you write about an employee can potentially be requested by them under a data protection subject access request. They pay 10 and within 40 days you must disclose all the information you are holding which relates primarily to them. This includes information on computers, smartphones and voic , and in manual filing systems from which their details are easily accessible. It could even apply to manuscript notes about the employee. The results of the request cause significant embarrassment to employers and can provide ammunition to employees with potential employment claims. This is all the data we hold on you. Does Judith have a purpose? 10 11
8 Recruitment Be objective: Keep the recruitment criteria objective and discrimination-free. Before interviewing, prepare a written job and person specification. Ensure there are no discriminatory criteria or questions based on the candidate s sex, marital status, pregnancy or maternity, disability, race, sexual orientation, gender reassignment, religion or belief, or age. At interview, try to ask all candidates the same questions and keep detailed (objective) notes of their replies. Loose lips sink ships: Be careful about the language you use in interviews, which might imply discrimination such as energy, fit, flexibility, home life, lifestyle, gravitas. Be circumspect regarding questions about a candidate s health or potential disability. There are circumstances in which such questions may lawfully be asked, although these are limited. Ask every successful candidate, and not just overseas applicants, to produce evidence of their entitlement to work in the UK
9 Employment terms Contractual rights are important: A new employee should receive their key employment terms in writing within two months of starting work. The statement of terms should include matters such as the parties names, the date the employment (and continuous employment) began, the rate of pay and payment date, hours of work, holiday entitlement, sick pay, pension arrangements, notice, job title, place of work and applicable disciplinary and grievance rules. But statutory rights rule: Employees are entitled, subject to certain conditions, to a number of key minimum benefits which override lesser contractual provisions. These include, for example: 28 days holiday a year statutory sick pay for up to 28 weeks a pension scheme provided by the employer not to work more than 48 hours a week (and the ability to opt out of that right) a statutory redundancy payment and minimum statutory notice of termination of one week for every year of service, up to a maximum of 12 weeks notice
10 Family friendly rights Employees are entitled, subject to certain conditions and limits, to a number of key minimum family friendly benefits, including for example: up to one year s maternity leave or shared parental leave which allows parents to share a year s leave and pay between them and, if certain criteria are met, comparable adoption provisions two weeks paternity leave and pay maternity (or shared parental leave) pay for 39 weeks non-cash benefits for the entire maternity (or shared parental leave) period 18 weeks unpaid parental leave unpaid time off to care for dependants and the right to apply for flexible working (which is available to all employees).... annual turnover went up and they all lived happily ever after
11 Disciplinary and grievance procedures Employee grievances: If in doubt, check it out. If an employee raises a concern about their working arrangements in writing, even in a low key , treat it as a grievance and follow the proper grievance and appeal process. Consider both your own internal grievance procedures, the ACAS Code of Practice on Disciplinary and Grievance Procedures and the ACAS Guide Discipline and grievances at work. If you don t and the employee brings a successful claim to the tribunal, their compensation could be increased by 25%
12 Disciplinary and dismissal issues Remember the ACAS Code! Similarly, an employer should follow the process set out in the ACAS Code of Practice in most disciplinary and dismissal matters (excluding redundancy). Unreasonable failure to apply such a process (including providing a right of appeal), could result in a 25% increase in compensation if the employee succeeds at tribunal. The basic steps in the ACAS Code of Practice, dealing with both disciplinary and grievance procedures include: a. notify the other party in writing of the employer s complaint/proposed reason for dismissal or the employee s grievance b. undertake any necessary investigations into the issues c. hold a meeting to discuss and consider both sides of the matter; allow witnesses to be called if appropriate d. write to the employee with the decision and provide a right of appeal e. hold a further meeting to consider the grounds of appeal and f. provide the employer s final decision to the employee in writing
13 Don t go it alone: The ACAS Code of Practice also emphasises the importance of considering both informal and alternative resolutions where possible and the need for both parties to act fairly throughout the process. Although the ACAS Code of Practice is not legally binding, failure to follow the recommended steps can be taken into account by an Employment Tribunal when determining whether a dismissal was fair and how much compensation to award. There is also a duty on the parties and ACAS to attempt early conciliation before a tribunal claim is issued. The ACAS Code of Practice states that an employee has the right to make a reasonable request to be accompanied by a work colleague, or trade union representative, with whom they can confer at any disciplinary or grievance meeting. If the request is reasonable and the companion can t make it, the meeting should be rescheduled to another day within the next five working days. The employer should also be represented by both the person chairing the meeting and another employee to take detailed notes
14 Unfair dismissal A dismissed employee with at least two years service benefits from the statutory unfair dismissal rules. Certain employees are exempt from this minimum service requirement, such as someone dismissed because of pregnancy or trade union membership. In order to prove the dismissal was fair, an employer needs to show the following: a fair reason for the dismissal (taken from a limited set of reasons including capability and conduct) and a fair procedure was followed before taking the decision to dismiss. Potential remedies Reinstatement or re-engagement orders are rare. Compensation for unfair dismissal is the more usual remedy and is normally made up of basic and compensatory awards. The basic award is based on a maximum weekly wage, age and length of service. The compensatory award is based on the employee s lost earnings from the dismissal, subject in most cases to a maximum limit of the lower of the employee s usual annual salary or the maximum award which is 78,962 (from 6 April 2016, subject to annual reviews). It is subject to reductions for pay from any new employment which the employee has or could reasonably have been expected to secure. There can also be deductions to reflect, for example, that the employee contributed to their own dismissal
15 Collective redundancies The figures show we should all be unemployed by this afternoon If you are planning a large scale reduction in your workforce, you will need to undertake collective consultation with trade union representatives or elected employee representatives. The consultation must occur before the first of the redundancy dismissals takes effect. Specifically, there must be 30 days prior consultation where redundancies are planned or 45 days prior consultation where 100 or more redundancies are planned, both within a 90 day period. Failure to consult can result in an award of up to 90 days actual pay per redundant employee
16 The employer must also notify the UK Government of planned large scale redundancies at least: We are going to have to let you go. 30 days before making redundancies in a 90 day period and 45 days before making 100 or more redundancies in a 90 day period. Failure to do so can lead to a criminal conviction and fine for the corporate officers responsible
17 About the team Clare Murray Managing Partner +44 (0) Esther Martin Partner +44 (0) Bettina Bender Partner +44 (0) David Fisher Partner + 44 (0) Anna Birtwistle Partner +44 (0) Susanne Foster Director of Knowledge & Compliance +44 (0)
18 CM Murray LLP is a specialist UK Employment & Partnership law firm. Chambers and Partners: This hugely innovative employment and partnership boutique has recognised strengths in advising clients on City team moves, highvalue discrimination claims and senior executive exits. It has a notable presence in the financial services and broadcasting sectors. The team frequently handles cross-border matters for both individuals and corporates. Legal 500: CM Murray LLP led by the incredibly effective Clare Murray, is frequently instructed to advise international subsidiaries in the UK, and has an excellent reputation for acting for senior executives. Bettina Bender is extremely solution focused, and David Fisher is the epitome of professionalism. CM Murray LLP First Floor, Cornhill, London, UK EC3V 3NG CM MURRAY LLP T: +44 (0) Out of hours: +44 (0) Illustrations: David Orme Design by gmtoucari.com
The Little Book of UK Employment Law for US Employers Handling dismissals in the UK Two countries separated by a common language. (George Bernard Shaw) Welcome 2 Employment contracts: anti at will! 4 But
Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal
Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline
Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.
Ogletree Deakins International LLP Fourth Floor, Thavies Inn House 3-4 Holborn Circus London EC1N 2HA United Kingdom Tel: +44 (0)20 7822 7620 www.ogletreedeakins.co.uk www.ogletreedeakins.com Introduction
Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever
Disciplinary, grievance and unfair dismissal issues: A JD Law guide In an ideal world your business or workplace would be free from disputes and disagreements. All employees would perform perfectly and
COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not
A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
Summary of the law on FAMILY FRIENDLY RIGHTS Family friendly rights include, maternity, paternity and parental leave and rights for part-time workers. This booklet is solely concerned with the employment
EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL 1.1 Juice Resource Solutions Limited embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will
Legal Topic Note LTN 22 January 2013 DISCIPLINARY AND GRIEVANCE ARRANGEMENTS 1. This LTN provides guidance on: the disciplinary process: how councils can deal with concerns about employee misconduct or
Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in
Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment
Discipline and Dismissal Donna Ingleby Ed Jenneson Topics for today's briefing: Planning and Compulsory Purchase Act 2004 Capability Procedure Grievance Procedure The ACAS Code 1 Unfair Dismissal The Start
EMPLOYMENT LAW BRIEFING ADVICE FOR CLUBS I VOLUNTEER, CONSULTANT OR EMPLOYEE? II PAYMENT: NATIONAL MINIMUM WAGE AND HONORARIA III CONTRACTS OF EMPLOYMENT IV FIXED TERM CONTRACTS V THE ACAS CODE OF PRACTICE
September 2004 NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES With effect from 1 October 2004, new statutory dismissal and disciplinary procedures ("DDP") and grievance procedures ("GP")
MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS Employers should comply with the Acas Code of Practice for disciplinary and grievance procedures which can be downloaded from www.acas.org.uk/dgcode2009.
Category Human Resources Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Related Documents Name Support
W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who
Unfair Dismissals Questions & Answers What is unfair dismissal? Unfair dismissal is where an employee claims that his or her employer s decision to terminate their employment was unfair. Unfair reasons
CAREY OLSEN STARTING POINT EMPLOYMENT LAW GUIDE: JERSEY EMPLOYMENT LAW DECEMBER 2015 EMPLOYMENT, PENSIONS & INCENTIVES CAREYOLSEN.COM BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY CAPE TOWN LONDON
DOCUMENT INFORMATION Origination/author: Judith Coslett, Head of Human Resources This document replaces: Local Disciplinary and Dismissal Procedure 05 Date/detail of consultation: Staff Forum and Unison
Discipline Policy 1. Introduction This policy set outs how Monitor will deal with employee conduct which falls below the expected standard. It is Monitor s aim to use the policy as a means of encouraging
Factsheet 70 November 2013 About this factsheet This factsheet is aimed at older people who are in work and covers information on dealing with a dispute with an employer, including taking legal action.
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
Harold Benjamin employment pocket guide did you know? Employees accrue holiday entitlement when they are on sick leave and maternity leave. There is now no set retirement age. Before an employee can bring
Disciplinary Policy and Procedure Policy The success of the University is dependent on its most important resource, its staff. It is therefore vital that all employees are encouraged to work to the best
Grievance Any concern, problem or complaint that an employee raises with their employer DISCIPLINE AND GRIEVANCE WORKSHOP Why important? Staff morale Employment tribunal claims Constructive unfair dismissal
EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) JANUARY 2010 Michael W Halsall Anti-Discrimination Policy Introduction Michael W. Halsall Solicitors serves a diverse client base.
DISCIPLINARY PROCEDURE May 2012 1 Introduction The Disciplinary Procedure applies to all SESTRAN employees. Its main aims are to promote fairness, equity and order in the treatment of individuals and in
Unfair Dismissals Termination of Employment Series Unfair Dismissals The best protection from unfair treatment in the workplace is to become a union member as unionised employments tend to have better,
DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst at work or representing the council.
Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives
Wotton-under-Edge Town Council Disciplinary Procedure Adopted March 2015 1. PROCEDURE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct
A GUIDE Bloomsbury Law Solicitors www.bloomsbury-law.com Important information: All advice and explanation of the law in this document is intended for information purposes only, and is not a substitute
1 Equality, Diversity and Inclusion Policy Owned By: Senior Management Issue Date: July 2015 This policy will be reviewed in six months 1 2 Equality, Diversity and Inclusion Policy Introduction ProCo NW
APPENDIX 2 Disciplinary Policy - v 0.8 1. Introduction People who choose to become Local Government Employees, as public servants must abide by the highest standards in respect of conduct and behaviour.
NHS North Somerset Clinical Commissioning Group HR Policies Managing Discipline Approved by: Quality and Assurance Group Ratification date: May 2013 Review date: May 2016 1 Contents 1 Policy Statement...
MAYFIELD SCHOOL Policy: TUPE Guidelines for Managers Author: Torbay Human Resources [April 2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
WISBOROUGH GREEN PARISH COUNCIL DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst
Discipline P o l i c y a n d P r o c e d u r e 1 Purpose and Scope This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct. This procedure applies to
IOSH Annual Conference 14 th May 2015 When an accident investigation reveals misconduct David Hughes Partner & Solicitor Advocate Resolving the different aims of H&S and HR What are the aims of H&S and
Employment in community buildings Employment in community buildings Most village halls employ some staff, generally part time. As a result trustees must be aware of their responsibilities as employers.
Linked Law Solicitors Equality and Diversity Policy (based on the Law Society s model policy issued under Rules 3 and 4 of the Solicitors Anti- Discrimination Rules 2004 and amended in the light of the
Brentwood Open Learning College Diploma in Human Resource Management (Level 4) Course Structure & Contents Diploma in Human Resource Course Structure & Contents Page 1 Unit 1 Overview of Human Resource
NCFE Level 2 Certificate in Business Administration Knowledge Part A 1 These learning resources and assessment questions have been approved and endorsed by NCFE as meeting the requirements of the Level
1. General dh Recruitment Hereford & Worcester embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will seek to develop a business culture that reflects
Settlement Agreements: A Guide Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up to date with today
Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements
Very Smart People June 2013 Management Guide: Protected Conversations Index Introduction 1 How should we undertake a protected conversation? 2 Exceptions: When is a conversation not protected? 3 Are employees
BMA Employer Advisory Service Employers handbook British Medical Association bma.org.uk Contents 1 Contents 1 Introduction... 3 2 The recruitment process... 5 Recruitment... 6 Example person specification...
United Biscuits UK Ltd Disciplinary and Grievance Policy June 2015 Contents 1. Introduction... 3 2. Disciplinary Policy... 3 2.1. Aims of Policy... 3 2.2. Responsibilities... 3 2.3. Legal Framework within
MORGAN MCMANUS EMPLOYMENT LAW COMPARATIVE ANALYSIS OF EMPLOYMENT LAW IN NORTHERN IRELAND AND THE REPUBLIC OF IRELAND (Revised 28 th November 2011) Morgan McManus Solicitors provide legal services in both
The statutory discipline and grievance resolution procedures what you need to know Statutory procedures governing disciplinary, dismissal and grievance issues introduced by the Employment Act 2002 overhauled
PEOPLE AND ORGANISATIONAL DEVELOPMENT HUMAN RESOURCES DISCIPLINARY POLICY AND PROCEDURE Author/Role Fiona Munro, Human Resources Date of Risk Assessment (if applicable) N/A Date of Equality Impact Assessment
Human Resources HR casework service Our HR service offers extensive, practical, cost-effective solutions to meet schools needs. Competitively-priced, our service offers a supportive partnership with the
Appendix 1 Glasgow Kelvin College Disciplinary Policy and Procedure Document Control Information Status: Responsibility for Document and its implementation Responsibility for document review: Current version
Employment Law We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will
STATUTORY DISPUTE RESOLUTION The Employment Act (Dispute Resolution) Regulations 2004 set out the minimum steps that employers must follow (except in exceptional circumstances) when proposing to dismiss
CROWTHORNE PARISH COUNCIL DISCIPLINARY PROCEDURE Adopted by Council - 5 November 2013 Table of Contents 1 PURPOSE AND SCOPE:... 2 2 PRINCIPLES:... 2 3 THE PROCEDURE FOR MISCONDUCT AND GROSS MISCONDUCT:...
Policy Title: Disciplinary & Grievance Policy Ref: BPC 008 Author: Philip Miskel Evoy & Lynn Gibbon Date: January 2013 Version 2 Review Date: January 2014 Introduction This policy is designed to ensure
Guide to Employment Tribunal Proceedings BallantyneGrant Solicitors the litigation specialists www.ballantynegrantllp.com INTRODUCTION This guide is the second in our series of articles explaining various
Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair
Summary of the law on ACCIDENTS AT WORK The law says that employers are responsible for the safety of their workers at work. Workers have an obligation to look after themselves as well, but employers have
THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has
Page 1 of 7 Trinity Academy Disciplinary Policy Policy Statement The purpose of the Disciplinary Procedure is to give staff members every opportunity to improve standards of behaviour and conduct and to
March 2009 / Special Alert A legal update from Dechert s Employment Law Group New Disciplinary and Grievance Rules d Introduction The Employment Act 2008, which comes into effect on 6 April 2009, repeals
This is an excerpt from Lawpack s book Employment Law Made Easy. To find out more about the employment law regulations and how they should be applied in the workplace, click here. Employment Law Made Easy
A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.
WHISTLEBLOWING Introduction This factsheet has been produced to provide advice on how to negotiate agreements and procedures on whistleblowing for branch officers and stewards. UNISON recognises that employees
RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES This guide tells you about new rights and procedures you must follow if you have a grievance in work are facing