Mirror of Justice

Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

July 16th, 2009 at 10:11am Under Employment Law

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.This article is free to republish provided the authors resource box below remains intact.

Employment Law Training Increase by Businesses That are Combating the Use of Modern Technology

July 16th, 2009 at 04:10am Under Employment Law

Modern technology in the workplace is a vital tool, from mobile phones to Blackberries, but it should not be used to take shortcuts in the workplace. In today’s competitive marketplace, most businesses would not be able to survive without the very latest technology, but sometimes, companies and their staff can take things too far, and it’s important this is never allowed to happen.

There have been a number of cases where the use of modern technology has been a step too far. For example workers who frequently use their mobile phones to send messages at work, and there has also been a case where an employee “texted” his employer to say he would be off sick. Other breaches have involved online social networking websites where employees continue to use Facebook or Myspace during work time. It has even gone as far as MP3 players being used in the office, and cameras on mobile phones causing potential concerns over the invasion of personal rights. There are many cases like this which illustrate how modern technology can be exploited for all the wrong reasons.

On the other side of the coin, a recent employment tribunal decided that employees from an engineering firm, who were sacked by telephone, had been unfairly dismissed. The employees had missed out on wages, holiday pay, pension contributions and redundancy pay. Some of the workers at the firm did not receive the telephone message and when they turned up for work as usual the next day; they were turned away, which the tribunal ruled was completely unacceptable.

The employees affected by the case have now won compensation from their employer and are waiting to hear how much they will receive.

In the case of the employee who sent text messages to his employer to say he would be off work, the employee was sacked by the company and the case went to an employment tribunal. The company said he failed to follow procedures for reporting sickness or absence – but the tribunal decided the employee had been unfairly dismissed, and said a drop of “common sense” should have been applied to sort out the situation.

This case just shows that practices such as text messaging and other forms of modern technology, which are now so commonplace for the large majority of the population, can cause real difficulties in the world of business.

The best approach is to use modern technology to help make your business effective and competitive, but don’t use it to take shortcuts that could cause confusion and misunderstandings. The recent tribunal hearings have made businesses throughout the United Kingdom seek the expertise of employment law trainers to stay on top of the ever changing employment laws. It is a strong warning that all employers need to revisit their company policies and keep modern technologies up to date in contracts and policies. This will ensure there are fewer opportunities for conflict and confusion in the work place.

If in doubt it is always best to seek the assistance and advice from an employment law professional.This article is free to republish provided the author resource box below remains intact.

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.

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.

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.

Employment Law Solicitors – 7 Essential Qualities to Look For!

July 13th, 2009 at 04:12am Under Employment Law

7 tips for large to small businesses that are looking to hire an Employment Law Solicitor or to simply check that you are getting a good service from your existing advisor.
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 ServiceEnsure it is Affordable
It 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 Service
A 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 Meetings
You 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 Report
Following 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 Manual
If 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 Cover
Insurance 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 Service
In 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.

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

July 12th, 2009 at 10:12pm 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 Orientation
Instances 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 redundant
There 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.

Employment Law Advice That Could Help Your Business

July 12th, 2009 at 04:10am Under Employment Law

Seeking the advice of an employment law professional is a good idea if you are an employer in the UK. Employment law solicitors and advisors can help you to understand the ever changing laws in the UK, which could, in turn, help keep you out of costly lawsuits and other legal trouble that may arise.

Employers are legally responsible for their employee’s welfare and must abide by the sometimes complex employment laws of the UK. Invariably these laws change throughout the course of the year and keeping up to date should be a priority. Employment Law specialists can help to interpret the laws for you and apply them to your particular business. They can also provide regular training if you have a department within your company responsible for your employees.

There are many different laws governing personal leave, vacations, minimum wages, sick time, benefits, the grievance process, discrimination, harassment, and other workplace concerns that you need to be familiar with and of course abide by. It can be difficult for busy employers to keep track of all the regulations and requirements as well as run their business.

You could find your business in trouble if you do not abide by all of these laws, even if the infraction is unintentional. Such an occurrence can ruin the reputation of your business as well as cost large sums in legal fees, fines, and settlements. This is where UK employment law advice from an employment solicitor is particularly indispensable; to keep your business protected by keeping you up to date and in compliance with the law.

With over one hundred employment laws introduced every year for the last four years in the UK, keeping track of all your responsibilities as an employer can be challenging. More than 100,000 people took their employer to court last year alone over various violations of these laws. With one third of employment disputes resulting in dismissal and compensation limits currently over £60,000, businesses stand to loose a substantial amount from these disputes. Added to the fact that 98% of employers who win their cases are unable to recover their legal fees, being incompliant with employment laws can be costly and even devastating to a business.

UK employment law solicitors can help you to stay abreast of revisions to employment laws and new ones that will affect your business. They can help you to compile your employment handbooks, training materials, and workplace policies and ensure that they follow the laws. If you want to protect yourself as an employer and your business, consider a specialist employment law solicitor to help you make sense of it all.

This article is free to republish provided the authors resource box below remains intact.