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…
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…
