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…
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…
