Employment Law Advice For Employers
When it comes to running a business, managing employees is never an easy task. From a legal point of view, you always need to be aware of the consequences of acting against an employee, especially when the employee involved is likely to be hostile.
Here at Davies and Partners Solicitors, we have worked on numerous cases in all areas of employment law. We can advise you on how to protect yourself in various situations and how to deal with staff fairly and legally, to protect yourself from any employment law claims.
Taking disciplinary measures is never easy and, in most cases, there are some strict guidelines that you need to follow. How you deal with disciplinary action must be clearly detailed and your employees should be informed of this procedure.
Employee s usually have the legal right to appeal any disciplinary decision. This can, in itself, be a difficult issue, depending on the actions taken and the reasons behind them. When such a decision is challenged, you will often need legal assistance. For instance, if the decision was to terminate an individual’s employment, this could lead to a case of unfair dismissal.
Employees have a right to raise concerns and, as an employer, you should have grievance procedures clearly laid out in your company’s operations. This usually involves giving the employee a hearing and the right to address their concerns. Similar to disciplinary action, you will be required to reach a decision and, depending on the outcome, the staff-member in question may wish to appeal.
If the grievance is severe enough, it may lead to a case of constructive dismissal: this is where an employee states they felt obliged to resign, due to unfair treatment received from the employer. Such cases often involve employees seeking compensation, so it helps to have some legal protection.
There is more than one way to let a member of staff go but, however you do it, you need to do it correctly. Failure to do so can be met with legal action from the employee. We’ve dealt with cases on both sides, so we can advise you on the right actions to take.
A common case that occurs is when employers need to start making staff redundant. While the law does allow this, it is very clear that this selection process must be objective and not discriminatory. Complex issues arise around selection processes and consultations.
As you can see, employers have a lot to think about when it comes to managing their employees and structuring their organisation to operate effectively. However, our legal team is here to offer advice and help you with any employment law cases that may arise.