DIRECT ACCESS

Employment Law FAQs:

I have been dismissed, what are my rights?

 

All employees who have been employed for one year (as well as certain other people) have the right not to be unfairly dismissed. There are only five fair reasons that an employer may dismiss for: redundancy, competency, capability, illegality or some other substantial reason. The employer would have to show that the decision to dismiss was reasonable, and also that a reasonable procedure has been followed. If you are offered the right to appeal against your dismissal, you should go through that process. We can offer advice as to whether you have a claim, draft your claim form to the Tribunal, assist you with the preparation of your case and represent you at a hearing if it was to go to Court.

 

 

I am leaving my job and my employer wants me to sign a compromise agreement, should I sign?

 

It will depend on what potential claims you have and whether your employer is proposing to give you a termination payment. For a compromise agreement to be legally binding, an employee must receive legal advice. Some employers will pay for or offer a contribution towards your legal costs as it suits them as well for any potential claims to be compromised.

 

 

I want to dismiss one of my employees because he is incompetent, how do I go about it?

 

Generally if an employee has been there for less than a year, you may dismiss them with notice. However for any employee with over a year's service, or certain other situations, you will need to take further steps. Since 2004, there have been basic statutory procedures that an employer must follow when contemplating dismissing an employee. Firstly you must set out in writing the basis upon which you are taking disciplinary action, and invite the employee to a meeting to discuss it.

However, you will need to show that you have provided support and training to the employee, and given them a period of time within which to improve.

If after going through a disciplinary procedure you come to the conclusion that the employee is incapable, you may dismiss them, although you will need to write to them setting out the grounds for this, and inviting them to a further meeting. If you decide to dismiss, you will need to offer a right of appeal.

 

It is never a fair reason to dismiss someone on the grounds of their sex, race, gender, age, sexual orientation, religion or belief.

 

We can help you with drafting of grievance and disciplinary procedures, or providing advice on whether a situation is likely to be a fair dismissal, and what procedural steps need to be followed.

 

 

I have received a grievance from an employee, what should I do?

 

Since 2004, there is a requirement for an employer to investigate any grievances raised. Firstly, check whether the employee wants it raised as a formal grievance or as an informal matter. If it is a formal grievance, you should invite the employee to a meeting and hear what they have to say. It is important for employers to investigate the matter properly including speaking to potential witnesses. The Company will then come to its decision and inform the employee of the outcome. An employee should be offered an opportunity to appeal if they are not happy with the outcome. At Thomas More we can advise you on your company procedures and provide advice during the grievance process.

 

 

I am setting up a business and employing people, do I need to give them a written contract? 

 

An employee is entitled to a statement of employment particulars including details of his employer, the date employment started, pay, other benefits, holiday entitlement, notice periods etc. If an employee is not given these basic details, they may bring a claim before an Employment Tribunal. At Thomas More we have experience of drafting contracts, which range from generalised contracts, to specific tailor made contracts of employment.