Do I legally have to provide/be provided with a
written contract of employment?
If I dismiss one of my employees without following
a procedure what are the implications?
What is constructive dismissal?
Can an employee claim unfair dismissal if they have
less than one year's service?
Do I have to have an Equality Policy?
Can an employer deduct money owed by an employee
from an employee’s pay?
Do I legally have to provide/be provided with a written contract
of employment?
Employers must provide a written statement of terms and
conditions to every employee within two months of employment commencing.
However a statement of terms is the bare minimum required by law.
A comprehensive contract of employment allows an employer to specify
an employee's duties and responsibilities.
We can help you draft contracts and terms of employment.
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If I dismiss one of my employees without following a
procedure what are the implications?
Statutory minimum procedures for dismissing or taking disciplinary
action against an employee were brought in by the Employment Act
(Dispute Resolutions) Regulations 2004.
You must now follow the 3 step procedure of:
1. Write to the employee notifying them of the allegations against
them and invite them to a meeting to discuss the matter.
2. Hold a meeting and discuss the allegations.
3. If the employee wishes to appeal, an appeal meeting must be
held.
Even where the dismissal is justified, failure to follow this
minimum procedure will make the dismissal automatically unfair.
The employee must be given the opportunity of putting their case
at a disciplinary meeting, this applies as much to cases of gross
misconduct as it does to ordinary cases of misconduct or unsatisfactory
performance.
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What is constructive dismissal?
Constructive dismissal is the term used when an employee terminates
his employment as a result of the employer's conduct and is entitled
to say he was dismissed. In order to claim constructive dismissal,
the employee must show the employer's conduct that led to his
resignation amounts to a fundamental breach of an express or implied
term of his contract of employment.
Examples of breaches by employers that have been held to be fundamental
breaches in the circumstances are: failure to pay wages, change
of hours, breaches of mutual trust and confidence.
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Can an employee claim unfair dismissal if they have less than
one year's service?
Generally the answer is No. There is a qualifying period
of 12 months continuous employment before an employee can make
a claim for unfair dismissal.
However, there are exceptions to this. An employee does not need
any qualifying period of employment at all to claim unfair dismissal
in connection with discrimination or asserting a statutory right
(e.g. union right, or the grounds of pregnancy, requesting a written
statement of terms, or health and safety etc).
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Do I have to have an Equality Policy?
No, but implementing and observing such a policy is a
commonplace means of demonstrating that you take reasonably practicable
steps to prevent employees discriminating against or harassing
other employees. The policy should set out the minimum standard
of behaviour expected of all staff through recruitment onwards.
It acts as a reminder, gives staff confidence that they will be
treated with dignity and respect, and may be used as an integral
part of a grievance or disciplinary process if necessary. Not
having a policy could be used as evidence against you in a tribunal
case.
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Can an employer deduct money owed by an employee
from an employee’s pay?
Employers can only deduct money from an employee’s pay or
receive payment from an employee in the following circumstances:
a) it is authorised by statute, for example PAYE and national
insurance, or where the court orders that the employer should
pay part of the employee’s wages to another party, such as
a creditor, or
b) It is authorised by the employees contract, or
c) the employee has previously given his written consent to the
deduction being made.
The consent must be given prior to the incident to which the justification
to deduct occurs. The written consent must state that the employee
consents to the sum in question being deducted from his wages.
(Different rules apply for shop workers. )
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