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, employers always need to be aware of the potential consequences, especially when the employee involved does not necessarily agree with the stance taken.
Here at Davies and Partners Solicitors, we have worked on numerous cases in all areas of employment law. We can advise employers on how to protect themselves in various situations and how to deal with staff fairly and legally. We can tailor our advice to the needs of specific employers.
Taking disciplinary measures is never an easy action and, in most cases, there are some strict guidelines that employers need to follow. How employers deal with disciplinary actions must be clearly detailed and the employees should be informed of this procedure.
Employers should also be aware that employees 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 alleged reasons behind them. When such a decision is challenged, employers will often need legal advice. 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 clear written grievance procedures. This often involves giving the employee a hearing and the right to address their concerns. Similar to when disciplinary action is taken, 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 as the treatment suffered amounted to a major breach of employment contract. 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 cause of dismissal arises when employers need to start making staff redundant. While the law does not offer one exact way of doing this, it is very clear that this selection process must be fair and objective. If you make staff redundant due to restructuring or other issues (such as finances), then you need to be careful with how you operate going forward. If you make someone redundant, then advertise an identical job then, more often than not, this will lead to a claim of unfair dismissal. In other words, the reasons for letting a member of staff go must be genuine.
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.