Employment Law Solicitor
Added: (Fri Aug 14 2009)
A Brief Guide to Employment Law
Employment law is a complex and often challenging area. There are many issues which face the modern employer, and it is vital that every business ensures that their HR policies are in compliance with employment guidelines and legislation.
In order to do this, many organisations enlist the help of an employment law solicitor, who can help them to make sure that they are fully compliant. The following explains just some of the areas of employment law you should be aware of, issues which a solicitor will be able to help you with.
Contracts of Employment
A contract of employment will typically outline a worker’s responsibilities, duties, working hours, place of work, pay and other conditions which relate to the terms under which they are employed.
It is vital that an employment contract is drawn up correctly, in order to avoid any disputes in the future. For this reason, many companies use an employment law solicitor to draw up the contracts of employees.
Not all employment contracts are written, some agreements can be verbal or implied. From a legal standpoint, written contracts are the most satisfactory as they are a comprehensive point of reference. Those who enter into verbal or implied contracts of employment may have certain rights, but these are not as clear-cut as those in a written agreement.
Pay
Disputes over pay are one of the most common forms of employment law issues. A worker’s contract of employment should fully outline what they are entitled to in terms of remuneration, both in terms of basic pay, bonuses and expenses.
In instances where a discrepancy over pay occurs, both parties in the dispute would be well-advised to contact an employment law solicitor.
Termination of Employment
If a company wishes to terminate the contract of an employee, there are several disciplinary procedures they must go through first. Usually, this involves a series of formal, written warnings, which must first be issued before they can terminate a contract. If, after these warnings have been issued, there is still a dispute over the worker’s actions, then the contract of employment can be legally terminated.
Redundancy
If a company wishes to make an employee redundant, they must also follow certain procedures. First of all, they must give a valid reason for the redundancy. In most cases, this is because a company is forced to cease trading, or because they need to reduce their operating costs in order to keep going.
In some circumstances, a change in the operations of the company, or the introduction of new technology may render an employee’s position within a company obsolete. If an employee is made redundant involuntarily, then their employer must prove that they have gone through a fair and objective process of selecting them for redundancy.
If an employee feels that this has not been undertaken and that they have been discriminated against, then they may contact an employment law solicitor to take the matter further.
Breaches of Contract
Both employer and employee can be in breach of a contract of employment. In simple terms, a breach is where the terms of the contract have not been met. This could be, for example, if the employee is not performing to the level expected of them, or the employer has not paid wages in full.
In the instance of a breach of contract, there are several options which are available to both sides. Firstly, of the worker is a member of a Trade Union, they would be well advised to consult this. Next is arbitration, where both parties will sit down with an impartial third party who will attempt to resolve the situation. Lastly, if the situation still has not been resolved, legal action may be taken by an employment law solicitor.
Submitted by:Danielle Williams Find out more.