If you want to change an employee’s contract of employment you need to consult with them before doing so. It is much better to reach an agreement with an employee rather than simply to impose change upon them. Some changes can be imposed when there is appropriate justification and a fair procedure has been followed. However, it is important to realise that doing things this way can be risky. Naturally, there are times when a business has no choice but to make changes to contracts, even when they are not popular amongst their employees. For example, in order to compete…
Any firm whose employees use computers need to follow certain standards and procedures. Every firm needs clear computer usage procedures and policies, which must be followed. There are legal obligations when it comes to the use of telephones or computers that apply to all businesses. Here are the main issues a company’s computer usage policy and procedures ought to cover: Preventing the inappropriate use of IT equipment, for example employees using business computers to access and circulate racist, sexist, defamatory or pornographic material Ensuring commercially sensitive or personal data cannot be copied and abused Cover procedures to ensure that viruses…
Question: NARIC UK recognises the university that I gained my dental qualification from, but I qualified outside of the EEA. I want to move to the UK, with my family, and work as a dentist. Can I do so? Answer: You can work as a dentist in the UK. However, to do so you will still have to take and pass the ORE. This is necessary even for dentists who obtained their qualification from a National Academic Recognition Information Centre (NARIC). Provided you pass the ORE, you will be able to apply to the GDC for registration. Having taken these…
Many employers now choose to employ different types of workers. They do so to give themselves the maximum flexibility, which allows them to compete more effectively. In the UK, it is now possible to employ people under a range of contracts. The main types are permanent, part-time, fixed term, self-employed, contractor or sub-contractor. The type of contract a person is employed under, to some extent, determines what employment rights they have. It also affects their status within the company specifically whether they are categorised as workers or employees. Certain employment rights have to be extended to all kinds of workers…
When a contract is entered into it is vital that you to be able to enforce it when necessary. To allow you to do this the contract must: Be properly executed by all parties Accurately describe the legal status of all parties included in the contract There are five main types of legal statuses that can be applied to businesses being run in the UK. They are as follows: Sole Trader – This designation is for a one person business that has no permanent employees Partnership – This type of business is run by one or more people or firms…
Question: I am a British National who is once again living in the UK with my husband and children. I got my BDS training and qualification in Pakistan. My aim is to gain full GDC Registration status, and I believe my best approach is to use EC Rights to do this. Both my husband and I have British passports and I can provide proof that my husband works in the UK. However, when I approached them the GDC advised me to seek legal advice before applying, can you please advise? Answer: Each case has to be looked at on its…
For the most part, a contract does not give rights or impose duties on people who are not a signatory to that contract, in other words who are a ‘third party’. However, CRTPA or The Contracts (Rights of Third Parties) Act 1999 can create an exception to this rule. The Act can be applied to contracts which have been made following the 11th May 2000. The Act allows some third parties to have rights under a contract to which they were not included on. However, that is only the case if the contracting parties intended this when they drew up…
Question: I qualified as and practiced as a dentist in a non-EEA country (third country). For over 3 years, I have been working in Spain. All of the relevant bodies in Spain have recognised my qualifications under the 2005/36/EC directive. Since starting work in Spain, I have had no issues or complaints. My plan is to move to the UK and work there as a dentist, but before doing so I want to know of the GDC will accept my qualification. I ask because I did not secure my degree in an EU university. Answer: From what you say, you…
If you are involved in an employment tribunal claim it is vital to familiarise yourself with the relevant legal requirements before proceeding. For more information, you should also read our systematic guide of what to do next, or contact us via our free legal helpline. Independent judicial bodies are responsible for dealing with employment tribunals and claims that relate to employment rights that arise from them. Generally, any decision made by an employment tribunal will be legally binding. Appeals are rare, but in some circumstances, permission to appeal may be granted. The different types of claims A raft of employment…
The fight for business has never been tougher, and with the economy finally on the mend, now is the time to remind directors of their responsibilities, says Jonathan Silverman This article first appeared in the solicitors Journal on 26 November 2013, and is reproduced with their kind permission. As the economy hopefully turns the corner and businesses put on turnover, the strain on working capital increases and the chances of business going bust from overtrading emerges. When combined with the chance that the bank may decide to call in facilities in the belief that at long last there will…
