Tag: unfair dismissal
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Employment tribunal claims – the outcomes
If a claimant is successful in a claim for unfair dismissal against you, the employment tribunal may order you to either reinstate or re-engage them if appropriate – though this only applies to unfair dismissal claims. The tribunal may also order you to pay the claimant financial compensation and the amount will vary depending on…
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Employment tribunal claims – the basics
Employment tribunals hear cases and make decisions on employment issues such as unfair dismissal, redundancy payments, discrimination and a range of claims relating to wages and other payments. Although an employment tribunal is not as formal as a court, it must comply with statutory rules of procedure and act independently. This guide looks at why…
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Employment tribunal claims – the process
A claimant must normally present their claim to an employment tribunal within three months of their employment ending or the issue that is the subject of the claim. You then have 28 days to lodge your response. You can still settle the matter without the need for a tribunal hearing, eg by reaching an agreement…
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The employment contract
The moment an applicant unconditionally accepts your offer of a job, a contract of employment comes into existence. The terms of the contract can be oral, written, implied or a mixture of all three. Even if you do not issue a written contract, you are under a legal duty to provide most employees with a…
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Dismissal
This guide provides information on: Types of dismissal There are several types of dismissal: Fair and unfair dismissal A dismissal is fair or unfair depending on your reason for dismissal and whether you act reasonably during the dismissal process. Employment tribunals follow previous legal decisions in deciding what is reasonable. Constructive dismissal Constructive dismissal occurs where an…
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When an employee resigns
When an employee wants to resign, you can try to persuade them to change their mind but you can’t refuse to accept their resignation. If they later withdraw their resignation, generally you don’t have to agree to them continuing to work for you. You should act carefully though if the employee has handed in their…
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Responsibilities to employees if you buy or sell a business
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), when all or part of a business is bought or sold or there is a service provision change, the terms and conditions of the employees who transfer in the sale are preserved. In other words, in almost all cases, the new employer cannot change…