Employment Law 2008 Update for Businesses & Illegal Workers

July 15th, 2009 at 04:11pm Under Employment Law

You must always protect your business. UK employers have been warned that if they take on illegal workers they could face a prison sentence and / or massive fines.
That is the message from a new campaign launched by the Government to promote new rules which took effect this month. It is vital that companies take notice of this new legislation. The Home Office estimates it will cost more than £27m for businesses to acquaint themselves with the new law which shows how important it is for UK businesses to regard the changes.
For every illegal worker you negligently hire, you could be fined up to £10,000 or face up to two years in prison, so this really is a serious situation. It is all in a bid to crack down on illegal workers in Britain by placing more emphasis on employers to take note of who they are employing and carry out proper background checks. This in effect means businesses should become much more proactive in demonstrating that they are adhering to these new laws.
Also if an employer is found to be breaking the law they could lose the right to recruit from outside the European Union altogether. This puts pressure on recruitment agencies that specialise in foreign recruitment to make better checks on the people that they refer to local UK businesses. It also gives a strong international message that the UK’s tougher new employment laws have made it more difficult to work in Britain illegally. And for residents here in Britain it shows that there is a crackdown on illegal workers – all in aid of a wider shake-up of the immigration system as a whole.
The Border and Immigration Agency undertakes regular enforcement operations against illegal working in the UK, and in 2006, they carried out over 5,200 raids, removing more than 22,000 people from the UK in only one year.
To obtain more direct information the Home Office has improved their help line that claims to offer more accurate and specific advice to businesses.
Employers who condone illegal working attract illegal migrants, which means they can pay them less money and so undercut the wages that would be paid to legitimate employees. The new Government rules are designed to protect the UK’s workforce, and help employers to run a cost-effective but efficient business. There have been some concerns about racial discrimination cases against employers doing background checks, but this can easily be avoided if your company has one procedure that is followed for every potential new applicant.
Employers of migrant workers, whose right to work in the UK is not permanent, will have a new responsibility to make periodic checks on the existing workers’ entitlement rather than simply checking their status only once before employment begins.
It’s important that all British companies familiarise themselves with the changes, and seek professional advice if they are unsure of the procedures they should follow to make sure they don’t employ illegal workers. Obtaining professional advice and revising company policies and procedures is a good way to safeguard the future of your business and assure that you are adhering to the new legislation.This article is free to republish provided this resource box below remains intact.

Conquer Employment Law Violations

July 15th, 2009 at 10:11am Under Employment Law

As a worker in San Fernando Valley, you should be aware of your employee rights and obligations. Otherwise, you may not know that your employer has been violating or has violated your rights in some way. A certain area of law protects employees from unlawful employment practices.

Labor and employment as crucial and significant foundations of every society is given prime importance and protection by the government. The U.S. Equal Employment Opportunity Commission (EEOC) implements several federal laws in order to preserve the rights of workers and build a strong, dynamic relationship between employers and employees.

They aim to protect unprejudiced working environments so that workers will not have to worry about illicit and unjust practices. They attempt to provide fair opportunities to deserving workers who, although belonging to a certain classification, still have the capacity to contribute to society and endeavors to be independent.

Some of the U.S. Laws on Employment

Under the Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate on the basis of color, race, sex, religion, or national origin.

The Equal Pay Act of 1963 (EPA) provides security for men and women who carry out considerable equal amount of work in the similar establishment from sex-based wage discrimination.

The law, that protects elderly workers, specifically those 40 years of age and older is the Age Discrimination in Employment Act of 1967 (ADEA).

Additionally, it is the Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) that forbids employment discrimination against disabled qualified individuals who work in the private sector, and in local and state governments. What prohibits discrimination against qualified workers with disabilities in the federal government are the Sections 501 and 505 of the Rehabilitation Act of 1973.

It is the Civil Rights Act of 1991, which offer financial damages in cases of deliberate employment discrimination.

The Fair Labor Standards Act (FLSA) order minimum wage and overtime pay standards; and recordkeeping and child labor standards for most private and public employment sectors, including work accomplished within the home. It is the Wage and Hour Division of the Employment Standards Administration (ESA), which oversees this act.

Rights of the Employees

• Right against discriminative performances based on your sexual orientation, national origin, race, gender, skin color, pregnancy, religious beliefs, age or disability

• The right to leave for reasons of illness, pregnancy, among others

• Right to fair pay: right against denial of at least the minimum wage or denial of unpaid wages

• The right to a safe workplace

• Right to a work environment free of harassment

• The right to privacy especially with personal matters

In asserting your legal rights, it is important that you discuss it with your employer. Settle out your differences and clarify what it was you found improper then seek resolution. It will benefit you greatly if you know your legal rights so that you can present your problems easily and confidently to your employer.

After talking with your employer, you should be able to come to an agreement, resolution or settlement. If your employer did not take your complaints seriously and took no steps regarding your problem, then it is highly advised that you take your issues to court. File a lawsuit with the help from a San Fernando Valley employment law attorney who can represent your case effectively.

As a worker, you should not disregard defending your rights. Taking legal action immediately will help you obtain justice and compensation for the damages you have suffered.

Our San Fernando Valley lawyers professionally take charge in defending the rights of workers who have been victims of employment discrimination. For more information, log on to our website and ask the assistance of our legal staff.

Employment Law

July 15th, 2009 at 04:11am Under Employment Law

A quarterly published magazine, The Bottom Line has also came up as a free to access website that has been created by one of the leading employment law firm of UK. The magazine is published and distributed exclusively to the clients of the firm and enables them to deal with various issues related to business. The first edition of the magazine came up in 1996 and since then the magazine has developed and became more educating, informative as well as entertaining for the clients of the firm. The most significant part of the magazine is the team engaged in giving it the final shape. The teamwork includes health and safety as well as employment law professionals making it one of the most vital magazines for reference. The magazine acts as a vital source of information for the managers dealing with HR as well as company owners dealing with health and employment law problems. The Bottom Line also comes up with an online version that can be used for reference by managers at all levels like directors, company owners as well as senior managers. The online version introduces the people with important rules and laws relating to management and employment of the staff. The online version of the magazine provides the users with complete facility to search through the older versions of the magazine making it even more convenient and easy to use. The employment and related law services of the firm enables the clients stay ahead of their competitors. The employment law services of the firm enable its clients to focus on development, success and growth activities. Thus, the employers do not need to worry about the problems arising while dealing with employee. The clients can be rest assure at times of tribunal claims and enjoy the expertise of the firm in solving out their problems. The experts of the firm will surely get the clients out of any kind of trivial employment matter. The employment and law services of the firm are available all round the clock, seven days of the week and help solve the problems of the clients at any time. The tribunal representative service provided by the advocacy team of the firm in case the business of the clients faces a tribunal claim is very beneficial all the times. In addition to the employment law services the indemnity scheme of the firm ensures that costs of all kinds of awards against the clients business is funded by the firm. All of the above services form a part of the personal service which helps in ensuring that the client has a business that is legally compliant and all kinds of employment documentation are at hand to avoid all kinds of problems in future. The personal training service is also provided to the clients who are absolutely free of cost and provides the managers and their associates with valuable information and skill. The employment law and personal services provided by the firm are very essential for any firm without which surviving in the tough competition is very difficult.

California Employment Law – Know More About It

July 14th, 2009 at 10:11pm Under Employment Law

Thanks to the California Employment Law and the current California
Governor’s backing, California employees would be enjoying the benefits of getting the biggest hourly payment in USA beginning January 1, 2008. By
then, the California employment law ensure that a worker’s standard minimum wage is an hourly rate of $8.00, a rate that increased
from the former $7.50 per hour.
Furthermore, California employees will also enjoy developments when it comes to their meals as well as well their lodging benefits at in same percentage to that of increase given for
minimum wage. However, employers governed by the California employment
law could use the increases in meal and lodging credits to be counted
against the minimum wage if these employers have meals and lodging
provisions for their workers. For example, federal employees that work
outside of California will accept wages at only $5.15/hour because
their meal and lodging allowances were deducted from their hourly
rate.
Currently, the most debated concern with regards to California employment law would be the
the overtime pay. Discussions on overtime pay are almost like stepping
on a landmine, because the bone of contention is here is the proper
classification of workers. California Employment Law classifies
employees into either an exempt or non-exempt and the failure to classify
workers properly could cost big bucks for a company. If for example, an
employee is entitled to overtime but was classified as exempt, they
may be eligible for a big chunk of overtime pay later.
What then, is the difference between an these two classifications of workers.
California employment law states that if you are a a non-exempt employee than you should be paid regulations established by the Industrial Welfare Commission,
including overtime pay. Thus, a non-exempt employee should be
compensated for the hours he/she worked as overtime.
If in doubt regarding the category of your workers, consult the
California employment law codes and regulations or the Department of
Labor. Exemption of an employee depends with the degree of responsibility handling or professional status, and has nothing to do with
how they are paid (salaried or hourly rate) and what job title they
are holding.
Employees classified as exempt from overtime pay are usually licensed
professionals such as lawyers, doctors, engineers, architects or
certified public accountants.Other types of workers which are clasified into exempt are those having the same job as their employers. In addition, external sales reps and
employees who compose or create and make business policies with their
respective organizations are also exempt from overtime pay.
Page 4
To reiterate, inquiries that you may have about classifying your workers
and want to pay them in accordance with the law, may be consulted to your local
Department of Labor office and avoid problems that may crop up in the
future.

Changing Employment Laws in 2009: What You Need to Know

July 14th, 2009 at 04:11pm Under Employment Law

For many, the dawn of 2009 holds a great deal of uncertainty, while for others it represents a chance at a fresh start and the potential for improvement – whether personal, professional, financial, or some combination of the three. For the human resources industry, 2009 will undoubtedly be a year in which changes in our government and our economy will be noticeably reflected in changes to employment law. The election in 2008 played host to a huge number of ballot issues regarding hiring processes and worker benefits. Such issues are again at the top of the incumbent legislature’s agenda in 2009, and will have a direct impact on not only the American worker, but on the employers and HR professionals responsible for their pay and benefits.
After examining a number of the bills proposed and voted into action for 2009, leading research indicates some overall legislative trends emerging in three major areas of human resources:Healthcare Reform
As the number of Americans without insurance continues to rise, finding a way to provide individuals with better access to affordable healthcare was at the forefront of heated issues in the 2008 election. While already a major issue in 2008, the incoming Congress has recently announced that healthcare reform will be among its top priorities this year. Just prior to the start of 2009, for example, Congress passed the Mental Health Parity Act, a measure requiring many employers to broaden their mental health and substance abuse coverage for employees.
Meanwhile, a number of states and municipalities introduced new legislation addressing employers’ responsibilities concerning the health of their employees. Washington, DC and Milwaukee, for instance, passed initiatives mandating that employers provide paid sick leave for workers. New Jersey joined the movement by signing into law a bill requiring employers to give six weeks paid leave to staff members caring for a sick relative or new child.
However, in light of the economic crisis, further healthcare legislation may not increase quite as dramatically as once expected – on the state level, at least. The Society for Human Resource Management (SHRM) predicts that in light of “widespread budget shortfalls predicted in nearly half of the nation, health care reform is likely to be less of a front-burner issue in the states.” Instead, SRHM predicts that cash-strapped state legislatures will be looking to the new administration to handle this issue on a federal level.Immigration Reform
A hot-button issue with immediate implications for employers and HR professionals, immigration was the topic of a significant number of bills introduced in 2008. A total of 26 states passed new legislation addressing immigration concerns, many of which imposed new penalties on companies employing undocumented aliens.
Playing a large role in much of the new immigration legislation was E-Verify, the government’s Employment Eligibility Verification System. In 2009, all federal contractors and subcontractors will be required to use the system. Likewise on the state level, many immigration bills passed in 2008 require employers to use E-Verify or similar systems to ensure they are not hiring illegal workers.
Unlike the issue of healthcare reform, immigration legislation is predicted to continue occurring mainly at the state level while, according to SHRM, any sort of comprehensive reform at the congressional level is considered “unlikely.” Again, however, due to the budget shortfalls and the economic crisis it is difficult to predict whether states across the country will see a continued push for immigration reform. However, in some more conservative U.S. regions like the South and Midwest, employer penalties for hiring illegal workers may be more severe.Workplace Safety
Concerns about workplace safety and efforts to increase employee health and wellness were evident in a number of new state laws put into effect in 2009. Safety concerns ranged from matters such as office air quality to more grave issues like gun control in the workplace.
On a federal level, increased attention to workplace safety was made clear in a large increase in government money directed toward the Occupational Safety and Health Administration (OSHA) for its 2009 fiscal year. OSHA received a budget increase of $15.7 million, part of which is being used to conduct increased workplace inspections in 2009. Likewise, the incoming presidential administration has touted workplace safety as a priority, and is predicted to take a second look at several previously failed workplace safety bills, including the regulation of combustible dusts in the workplace and mandating stricter ergonomics requirements for employees working in the healthcare industry.
On a state level, Oregon passed a law requiring all workplaces to be “smoke free,” prohibiting smoking within ten feet of the entrance to a building or worksite. In the meantime, eight other states, concerned with a growing number of gun-related incidents in the workplace, have enacted various laws concerning an employer’s right to limit the possession of weapons on company property.
While only time will tell how these potential changes to federal and state policies will play out over the course of the next year, staying aware and informed of proposed legislation can help employers and HR professionals prepare in advance for new regulations, develop appropriate contingency plans, and ensure a smooth and compliant transition if and when the changes occur.

Know Different Acts In Employment Law

July 14th, 2009 at 10:11am Under Employment Law

As there are many countries in this world, there are several employment laws, which apply. Such laws have been drafted so as to look after the rights of workers. They are also a source of employment advice to both employees and employers. Here are some of the federal laws.Civil Rights Act Of 1866 And 1991: This particular employment law came into practice in 1886 but was however revised in 1991. Its aim was to make sure that all citizens from all states had equal employment rights. The rights in question were related to making or enforcing the contract documents, for suing and also giving evidence. All citizens are expected to get the same punishment or penalties for all felonies or crimes committed. Changes that were made in the 1991 amendments however made it possible for employees to sue the state for changes in conduct after the contract has been signed. Occupational Safety and Health Act: The laws aim is to make sure that any dangers in the places of work are minimized. Training programs and holding of workshops are used to teach the employees on various safety and heath precautions that should be upheld in the work place. Fair Labor Standards Act: This federal employment law ensures that the minimum wage that is paid to employees is 5.15 per hour. Those who are under the age of twenty can be paid a minimum of 4.25 per hour. The overtime payable to a worker should be one and a half times more than the regular pay for every hour you work overtime. The overtime should not be more than forty hours in a week. Men and women are supposed to get the same payment for work done and the only difference in payment should come about because of the level of skill that an employee has.Worker Adjustment & Retaining Notification Act: This act makes it necessary for companies to give their employees two months notice before closing down a plant. The notice that is provided should be made known to the employees directly or through their union officials. The information given should be in writing and specific.Disabilities Act: This act states that any person with disabilities of any kind should not be discriminated against during employment. The disabilities may be in form of mental or physical challenges.Age Discrimination in Employment Act: An employee is not supposed to be discriminated against because of age. This is a law that protects those who are above the age of forty. As long as someone has the necessary skills, age is not a factor.

Labour Vs Employment Law – Unidentical Twins?

July 14th, 2009 at 04:11am Under Employment Law

Employment and labour law are two terms which are usually used interchangeable. Actually, there is a defined difference between the two terms. Labour laws pertain and deal with the relationship concerning the employer and the union. On the other hand, employment law would apply to the relationship of the employer and the employee. Is this a manifestation of distinction without some sort of difference? Perhaps this is possible if you deal with employment and labour law regularly and the distinction between the two has been highly vital to your business.
This article will basically tackle the employer-employee relationships specifically on the issue of sick leave pay. We know that most of the employers in the United States offer their employees with sick leave pay. There are also some employers who offer accrued sick leave in cases when employees are laid off or they just quit. This is often done so that employers can attract employees to work for their company. However, it must be noted that this practice is not mandated in the employment and labour law but appears to be voluntary.
When do employees get the benefit of having sick leave pay? Obviously, an employee can have it if the employer is willing to give out sick leave pay so as long as the employee does not violate their agreed terms and conditions that are usually indicated in the employment contract. Since this kind of benefit is purely voluntary, the employment and labour law has no control over this. It is basically up to the employer if he/she wants to give this kind of benefit or not. As expected, there are loopholes in this employment and labour benefit. If your company have the policy under the sick leave pay that require you to present a note from a doctor, but this is not applied to everyone, you can sue the company for this.
If the said paid sick leave is just voluntary and does not guarantee the opportunity to all of the employees, where does this benefit leave you? What if you have to file a leave not just for your own illness but for your loved ones? You do not have to worry. You are covered by the Family and medical Leave Act which permits you to have a maximum of 12 weeks of sick leave—either due to your own health or a family member’s illness. This ensures that you do not have to lose your job under valid health reasons and to lose some group health benefits.
If you can recall, the Healthy Americans Act was introduced in the United States Senate in year 2005. The idea is actually to compel the employers to give out annual sick leave benefits for their employees who are able to log in for at least 1 500 hours in one year. The said Act did not prosper in 2005 and was “reborn” in 2007 as the Healthy Americans Act of 2007.
Simply put, the said act, if passed, would basically break the idea of employer-based insurance. It gives mandate to every employer who covered her/his employees in year 2006 to convert the insurance expenses into increment in the salary. It would mean a lot higher pay!

Employment Law Solicitors – 7 Essential Qualities to Look For!

July 13th, 2009 at 10:11pm Under Employment Law

Nobody needs to be reminded that due to the economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:

1. Ensure it is affordable 2. Risk Management Service 3. Regular Employment Meetings 4. Ask for a Risk Management Report 5. An Employment Manual 6. Insurance Cover 7. Online Consultant Servic

Ensure it is AffordableIt is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor’s employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not. Risk Management ServiceA good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas. Regular Employment MeetingsYou should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments. A Risk Management ReportFollowing your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff. An Employment ManualIf you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual – an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice. Insurance CoverInsurance cover is also important. When you’re protected by insurance cover, you’ll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to £100,000 per claim. In certain circumstances, compensation awards that you’re ordered to pay by an employment tribunal and out of court settlements agreed by insurers will also be covered. Online Consultant ServiceIn this age of modern technology, it may seem like a given but some Employment Law Advisor do not necessarily offer online consultant services. By using an external consultant service you have control over exactly what HR services are delivered to you and how it is implemented. This article is free to republish provided the authors resource box below remains intact.

Know The Employment Laws Before Joining Any Organisation

July 13th, 2009 at 04:11pm Under Employment Law

Over the years, employees have been victimized, while others succumb to unemployment at times without the slightest of a compensation package. This has widely been contributed to by ignorance on the part of individuals, companies or organizations in failure to be in touch with government rules and regulations with regard to employment laws. These companies tend to illicit negative influences in the eyes of the public.It has been noted with concern that many companies have a hard time trying to keep pace with the ever-changing laws and other corporate responsibilities. Many of them have fallen into legal tussles with various trade unions for failing to keep up with these regulations. This may in turn be very costly to your organization in terms of finance and reputation.Commonly overlooked employee laws are those with regard to the physically challenged for they may require specially desired facilities to aid their day to day operations in their working environment. Companies are known to distance themselves from employing those physically challenged which is wrong under employment laws.There is also the issue of age. There are companies especially in emerging economies that use underage persons as a source of cheap labor. This is wrong as the human resources are a vital cog in the wheel of the company and should be remunerated well. Employers should also stick to the stipulated limits of wages. There are also certain benefits that an employee is entitled to as per the law and should be provided by the employer. Such benefits are health cover, social security, insurance cover etc. This too may be basis on which legal action can be taken.Some employers go ahead to employ foreigners so as to benefit from cheap labor since this is unlawful as per employment regulations which states no foreigner can be allowed to work within that specific country without a valid working permit. In cases where these foreigners have valid working permits, employers may a times place inhuman conditions such as overworking them without overtime pay which may attract serious disciplinary actions.Employment unions were formed to cater for the rights of the various working professions. Employers, organizations and companies should see to it that they keep updating themselves with the ever emerging laws as far as employment is concerned to avoid becoming victims of legal tussles that would discredit them and cause financial losses incurred in settling the law suits filed against them.

Employment Law – How to Make it Work for You in a Recession!

July 13th, 2009 at 10:11am Under Employment Law

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant. For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield. It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited. There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal. Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including: 1. Sex 2. Race 3. Disability 4. Religious Belief 5. Age 6. Sexual OrientationInstances in which it is unlawful for an employer to discriminate against you on the grounds of these include: • Refusing to employ or consider you for a job • Offering you a job on less favourable terms than others • Refusing to promote or transfer you to another job • Giving you less favourable benefits than a colleague • Shortening your working hours • Dismissing you or making you redundantThere is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins. Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances. In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations. Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate. This article is free to republish provided the authors resource box below remains intact.