The Legal Minefield Of Employing Workers In The Uk

From the first time that you employ someone you must have an awareness of the complicated

rules and regulations of employment law legislation in order avoid the UK employment tribunal (ET). Employment litigation is both expensive and damaging to a business.

Employment law impacts on each and every part of the employer/employee relationship. For example, anti-discrimination laws are intended to eliminate discrimination from all workplace situations, so that your recruitment procedures (including advertisements for new employees) do not discriminate on the grounds of sex, sexual orientation, colour, race, nationality, ethnic origin, religion or belief, disability or age. Quite a list isn't it?

Other legislation deals with specific employment situations. For example, when employing a new member of staff the law dictates that you should give them a written statement showing their employment terms and conditions, this must contain specific information. Some circumstances require knowledge of more than one piece of legislation. For example, employers have a clear legal duty to treat pregnant women fairly. Any dismissal of a female employee for a reason connected with her pregnancy is likely to be both sex discrimination contrary to the Sex Discrimination Act 1975 as well as automatically unfair dismissal under the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999. It is not unusual for an employee in these circumstances to bring a claim at the employment tribunal for both sex discrimination and unfair dismissal. In addition, under the Management of Health and Safety at Work Regulations 1999, employers have a duty to carry out risk assessments and alter working conditions in order to avoid risks to new or expectant mothers. Therefore, if you employ any women of childbearing age, risk assessments for them must include risks specific to new and expectant mothers.

Employees are becoming increasingly aware of what legal rights they hold in the workplace, in light of this you must be one step ahead and identify any potential hazards or problems. In particular if you are in any doubt whatsoever about how to handle any potentially tricky problem or situation, you must make sure that you consult specialist employment law solicitors - and that you do so at the earliest possible time. Unless you know exactly what your legal stance is, trying to defend yourself without advice can be catastrophic. UK employment law is a procedural minefield for the unwary employer. When you make decisions as an employer, these must be taken with regard to all of your employees and any actions should be implemented using proper procedures. Employment tribunals have held, for example, that even legal documentation arriving seconds after a deadline, will be rejected.

by: Tim Bishop

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