If you dismiss an employee without notice, this is often referred to as a ‘summary dismissal’. This kind of dismissal is only possible when an employee commits an act of gross misconduct. It is very important to follow a proper disciplinary procedure before dismissing someone without giving them notice. Any employer that does not do so runs the risk of the employee filing an unfair dismissal complaint with an employment tribunal. Before taking the step of carrying out a dismissal without notice, you need to be sure that you understand the legal requirements. We have outlined the essentials below. Reading…
Before going ahead with an employee dismissal, you need to make sure that you have followed the right procedure and done so in full. If you fail to follow the correct procedure, the employee may bring a complaint to an employment tribunal. In the following circumstances, it may be possible to make a dismissal with notice: Dismissal as the final step of a disciplinary procedure. For more guidance about dealing with disciplinary issues, see our Discipline section. When an employee has been made redundant, see the Redundancy section for more guidance about how to deal with redundancies. If an employee…
If an employee is unable to continue to work for you without breaking the law, you may have fair grounds to dismiss them. However, before actually dismissing someone for this reason, you need to familiarise yourself with the legal requirements outlined below and seek professional legal advice. To find out more you can also read our step-by-step Your Responsibilities guide. The Employment Rights Act lists the potential reasons for fair dismissal. On the list is the situation where allowing an employee to continue to work would contravene a duty of restriction. If an employee or the firm they work for…
Before dismissing someone on the grounds of ‘some other substantial reason’, it is important to realise the legal ramifications of doing so. Below is an overview of some of the most important points. Once you have read this page, please also refer to our guide – Your Responsibilities. The list of valid legal reasons for dismissal form part of The Employment Rights Act. It is important to realise that these reasons for dismissal are only valid if the employer follows a fair procedure and acts reasonably throughout the dismissal process. Here are the main reasons you can potentially use to…
No matter what business you are in, it is vital that you understand the Equality Act 2010 and the way it affects how you do business. Understanding this Act is an important step towards becoming an equal opportunities employer. The 2010 Equality Act pulled together and updated the various bits of anti-discrimination legislation. The introduction of the 2010 Act has provided clarification and significantly strengthened the UK’s discrimination laws. It is essential for all firms to comply fully with this Act. Failure to do so could result in costly and time-consuming tribunal claims. Even more importantly, complying with the Act…
If there are issues with the behaviour or conduct of one of your employees, it is vital for you to tackle the problems as early as possible. Sit down with your employee and discuss your concerns informally. Often a face to face, non-pressurised conversation will be enough to change the person’s behaviour and get them working properly again. Should you be unable to resolve the matter in this way you may need to follow a set disciplinary process. The steps you need to take are detailed in our Your Responsibilities guide. You may wish to use disciplinary procedures in situations…
First published by the solicitors Journal on 10th of December and reproduced with their kind permission; Timing can be influential when seeking inheritance, so it’s better to start the ball rolling then apply to adjourn if proceedings are delayed, says Julia Burns How long is too long for claiming under the Inheritance (Provision for Family and Dependants) Act 1975 was an influential factor in the recent case of Berger v Berger. A property tycoon’s widow, Rosana Berger, sought a greater income from her late husband’s £7.5m estate having waited nearly six and half years after the six-month deadline. Her…
The following situations are covered by the term “constructive dismissal”: When an employer’s conduct breaches the terms one of their employee’s contracts and that employee then acts as if they have been dismissed. When a worker claims their employer has made it impossible for them to continue to work for them. In other words that the employer’s actions have forced them resign against their will. In these circumstances, the claim is that the company has constructed a situation where the employee has no choice but to leave. For more details about constructive dismissal contact the Hylton Potts legal advice team…
Any information that is regarded by a business as secret falls into the category of ‘confidential information’. This includes things like business plans, technical information, details of a firm’s finances, product specs and software. This kind of information has a commercial value, so needs to be viewed as an asset and protected as such. To find out more about intellectual property rights and how to protect your confidential information contact the Hylton Potts team on 0207 381 8111 or send us an email.
In the UK, an employee that ‘blows the whistle’ on their employer is protected by law. This is the case regardless of why they report their employer to the authorities – be it for knowing about their involvement in criminal activity or for a failure to comply with laws such as the health and safety regulations. Our guidance is designed to help you to deal with whistle blowing in the proper, legal way. We can also provide you with advice about determining whether an employee is guilty of having made a protected disclosure in relation to your business. The Hylton…
