By Michael Nadin Update on employment Status claims Establishing “worker” status (as separate from being…
PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
- All employees are legally entitled to receive a written statement of terms and conditions of employment and failure to comply can lead to an Employment Tribunal claim. Therefore it is very important that employers provide all employees with a professionally drafted contract of employment which clearly documents the obligations and expectations of both parties. If all aspects of the employment relationship are set out in writing, expectations can be managed and disputes can be avoided.
- Employers are responsible for their employees’ wellbeing at work. This can potentially make a business liable for the behaviour of its other employees and 3rd parties relating to discrimination, bullying or harassment. It is important to implement properly drafted policies in relation to these subjects and seek professional advice at an early stage in the event that there is any complaint or allegation regarding discrimination, bullying or harassment.
- It is easier than ever for employees to bring a claim in the Employment Tribunal so it is a good idea for employers to take out a legal expenses insurance policy to cover against employment claims. Usually such policies will only be valid if the employer has sought and followed professional legal advice prior to the claim.
- Employers should be aware that employee are entitled to take time off for a number of different reasons and in the event of certain circumstances/occurrences. For example paternity, maternity, adoption and parental leave along with emergency time off to care for dependants. Employees are also eligible to ask for flexibility in terms of working hours. The rules surrounding these areas of law are complex and failure to comply can result in costly and time consuming litigation. It is vital that employers seek timely legal advice on their responsibilities in this regard.
- A well drafted comprehensive staff handbook provides a clear set of rules for employees and can avoid significant confusion and wasted time in the event that problems arise in the employment relationship. We would recommend every employer to seek assistance in creating a staff handbook which contains all relevant policies and procedures as well as confirming the culture and expectations of the company.
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