Employee employment rights
Over the years we have represented both employees and business partners in employment tribunals. Employee employment rights tribunals have escalated in recent years due to the fact that as the employee information is more easily accessed than it was say ten years ago.
Employee employment rights – the basics
The basics as an employer comes down to certain criteria, an employer is obliged by law to take off National Insurance and income tax contributions from an employee’s salary or wages before paying those wages to them.
Other employment rights include: maternity, adoption and paternity leave and pay, statutory sick pay and the right not to be unfairly dismissed and if dismissed to receive legal redundancy pay.
Some of these rights may require a minimum length of continuous employment before this period may be stated on an employment contract.
Even if you are not an employee, for example an agency worker, short term casual worker or freelancer, in fact any individual who works for an employer, company or organisation, whether under a contract of employment, or any other contract where an individual undertakes to do personally any work or services you are still entitled to core employment rights and protections.
Such things that are covered are rest breaks, paid holiday and limits on night work, to maternity, paternity and adoption pay (but not leave), to the National Minimum Wage and against unauthorised deductions from pay, all in all employee employment rights covers mostly everyone.
Employee employment rights – tribunal representation
If you have a disagreement with your employer, company or organisation about your status and associated rights try to resolve the matter with them directly (for example, if your employer is refusing you holiday pay because they say you’re self-employed). If all dialogue fails then an industrial tribunal might be the next step for you.
An Industrial Tribunal will make its decision based on all the circumstances of a case. Before even contemplating a tribunal where you feel your employee employment rights have been effected you may want to ask yourself and have the answers to;
- do you have the final say in how the business is run?
- can you choose whether to do the work yourself, or send someone else?
- can you choose when and how you will work?
- are you excluded from company benefits and pension schemes.
- does your employer offer work only if and when it is available?
- can you decide when you will work and can you turn down work when offered?
- are you responsible for meeting the losses as well as taking the profits?
- are you responsible for correcting unsatisfactory work at your own expense?
As an employer you need to understand and comply with a stack of legislation because employment law covers a vast area – not just employment contracts or dismissal but everything else in between.
Our employment law experts will help with not just the obvious dangers such as sexual, gender, racial or age discrimination. We will arm your organisation with some of the hidden dangers that might be there now or in the future, we are there to protect your business as after all you have worked tersely to get the business to where it is today.
Our employment law advise also covers all necessary documentation, including contracts of employment, employee handbooks, policies and procedures and bespoke letters of correspondence.
It is important to understand the terms and conditions within a contract of employment help both the employee and employer understand what is expected of them, any company leaving this to chance by having no or incorrect employment contracts is leaving itself wide open to problems. From an employer’s perspective this can prove invaluable in defending your business should you ever end up in an employment tribunal.
Employment Law Experts – Protection
Time and time again we see companies frequently get bashed for getting minor details wrong, is it really worth taking the risk of not getting professional help from employment law experts? Employees are protected by statutory rights and laws; a contract of employment is the foundation of any business and your way of protecting yourself. Our contracts are drafted, by our fully trained and qualified staff to your precise requirements.
For clear employment law advice call 0141 280 2848 now