Contents tagged with Employment Law
When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit?
When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.
Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.
If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more
Halloween is upon us, and we here at SCE Solicitors are getting into the spooky spirit by hosting a Halloween Party. If you are like us, and want to have scare-fest this October, make sure your henchmen know how to behave to ensure you are not held vicariously liable for their dastardly deeds.
In simple terms, vicarious liability means being held liable for the acts or omissions of someone else. As an employer, your relationship with your employee is capable of giving rise to vicarious liability.
You can be held vicariously liable for acts of discrimination, including harassment, committed by your employees during the course of employment. During the course of employment includes at any parties or events you are holding for your staff. In the case of Chief … more
Emma joined SCE Solicitors in December 2017 as a Paralegal and began her Training Contract with the firm in September 2018. She is due to qualify as a Solicitor in March 2020. She kindly took some time out of her busy schedule to talk to us about her role at SCE and for us to find out about her life in law.
Tell us about your current role and how you got there?
I am a Trainee Solicitor at SCE Solicitors, a boutique law firm specialising in employment law and commercial litigation. We are a small team of highly experienced lawyers and our business model enables us to provide cost-effective, bespoke advice to both individuals and businesses.
On a daily basis I advise both employers and employees from a broad range of sections on contentious and non-contentious employment law issues. … more
This recent case highlights the importance of following the ACAS code of conduct when dealing with disciplinary matters correctly, before dismissing an employee.
The employee, Mrs Smith, was dismissed for gross misconduct for emailing a colleague referring to another colleague as a “knob-head”. Her first disciplinary hearing was postponed when she was ill, but her employer refused to postpone the re-arranged meeting when her union representative was unable to attend. The Employment Tribunal rendered the dismissal “unfair procedurally and fatally flawed”.
Mrs Smith was found to have been unfairly dismissed and awarded over £20,000.
Read the full judgement here
If you need any help and advice in relation to a disciplinary matter, please … more
There are several Alternative Dispute Resolution (ADR) processes, but mediation is overwhelmingly the most common and frequently used process.
What is Mediation?
Mediation is a confidential where an independent and neutral mediator is appointed by the parties to assist them to reach a settlement of their dispute. The process can take place prior to the commencement of legal proceedings or alongside formal proceedings.
The objective of mediation is to reach a settlement that brings the dispute to an end on terms acceptable to both parties – mediation is not intended to determine the correct legal position of the parties. The mediator does not act as a Judge and does not make decisions – he or she explores options for settlement with the parties.
The Advantages of … more
In August our Samira Cakali qualified as a Mental Health First Aider (‘MHFA’). In this article she discusses the scheme and how having a Mental Health First Aider could vastly improve your business and have a positive impact on the amount of disability claims that land on your desk.
Why is mental health awareness in the workplace so important?
Mental ill health is the biggest reason for sickness absence and by far the largest cost to employers across the UK. Investing in staff wellbeing saves money in the long run - workplaces that prioritise mental health have more engaged, productive and loyal employees, who are less likely to need time off sick.
What does the training involve?
MHFA is a two-day training course. The course is based around a five-step action … more
SCE Solicitors expansion shows no sign of slowing down following the opening of a brand new office in Horsforth last month and now the appointment of a new trainee solicitor, Emma Roberts.
Emma joined SCE in December 2017 as a Paralegal providing Employment and HR support. Emma advises both employers and employees from a broad range of sections on various employment law issues, including advising on disciplinary and grievances, termination of employment, and responding to internal employment disputes and tribunal claims.
She also assists Director and Head of Employment, Samira Cakali, in the running of the firm’s myHR service where she supports businesses in the day-to-day management of their staff.
Emma studied Bachelor of Laws at the Open University whilst working … more
As an employer, you’re required to give employees at least the minimum statutory holiday entitlement as set out in the Working Time Regulations 1998. You must also comply with any contractual entitlements and obligations agreed in the employee’s individual contract of employment.
The contract of employment
An employee’s annual leave entitlement forms part of their contract of employment; therefore, it should be documented in their written statement of employment particulars or in their contract. This must be given to the employee within two months of starting work.
Statutory holiday entitlement
Employees in the UK are entitled to 5.6 weeks’ (28 days) paid holiday a year and this can, at the employer’s discretion, include bank holidays. You always … more
I am pleased to announce that SCE Solicitors has a new team member; Eve King joined our team on Monday 23 July as a Paralegal providing Employment and Civil Litigation advice. As always, new starters are welcomed with open arms and we are thrilled that Eve has chosen to further her career with us. She kindly took some time out of her busy schedule to talk to us about starting at SCE and for us to find out more about her life in law.
Thank you so much for talking to us Eve. Tell us about your current role and how you got there?
I have just moved from Manchester to Leeds to start at SCE Solicitors in the Employment department as a Paralegal. I did my undergraduate degree in Law at Salford University before undertaking my Postgraduate LPC and LLM at the University of Law in … more
Since its recent introduction, the Modern Slavery Act 2015 (MSA 2015) has sought to incentivise businesses to tackle the issue of modern slavery. It brought with it the introduction of three new offenses:
1. Holding people in slavery or servitude or requiring them to perform forced or compulsory labour;
2. The arranging or facilitating of human trafficking, arranging the travel of people with a view to exploiting them; and
3. Committing an offence with the intention of human trafficking, including aiding and abetting.
One way the MSA 2015 seeks to bring an end to modern slavery is by way of transparency. The MSA 2015 requires that businesses which provide good or services with an annual turnover of £36 million or more publish an annual statement which discloses the steps they … more