One in four couples who live together has no plans to wed, yet many wrongly think that they have the same legal rights as married couples. Even though the numbers of couples who cohabit in Britain has more than doubled since 1996 to nearly six million, widespread ignorance of the law remains. A third did not know that they do not have the same rights as married partners when it comes to inheritance. Just under a third wrongly believed that their legal rights on finances were the same as those of married couples. Two thirds did not realise that they…
Usually the term frustration of contract refers to the situation where circumstances beyond anyone’s control leads to an employee no longer being able to carry out their role in full. A ‘frustration of contract’ can be used as grounds for dismissal. An example would be a change in the law that means an employee has to commit an unlawful act or acts to fulfil their duties. It is important not to mix poor performance with frustration of contract. They are very different reasons for dismissal. Reading our Poor Performance guide will help you to better understand the differences. The Hylton-Potts…
Below is a summary of what categorises an employee as being on a fixed term contract: The contract will automatically end on the completion of a specific project or task The contract has a specific end date The contract ends when a specific event occurs, for example the return of an employee from sick leave To ensure that you deal with your fixed term employees correctly you need to be familiar with your legal obligations. Our step-by-step guide – Your Responsibilities – will inform you about this as will the information below. Employees who are employed on fixed term contracts…
When dealing with the expiration of a fixed term contract it is important to follow the correct procedure. This means familiarising yourself with the law surrounding this area and understanding your legal responsibilities. Our guide Your Responsibilities will tell you more and guide you through each step of dealing with the expiration of a contract with a fixed term. Below is an overview of how a contract with a fixed term may be worded to ensure it can be brought to an end without causing legal issues: The contract will end once a specific task or project has been completed…
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…
