Employment Law Advice Online

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Summary of Employment Law

Regulating the rights, codes of conduct and practices of employers and employees.

  • Tribunals

    Employment Tribunals, previously known as Industrial Tribunals, have jurisdiction to hear almost all individual disputes based on statutory employment law and, in addition, common law contract claims arising from or outstanding at the termination of employment up to a maximum of £25,000.

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  • Employees

    Employment Law governs the relationship between the employer and the employee. Employers and employees have various rights, duties and liabilities to and for each other in law. It is therefore essential to be able to identify an employee and differentiate between employees and self employed workers sometimes called independent contractors, who are generally not covered by the same laws and rules

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  • Contracts of Employment

    In many respects the contract of employment is very similar to any other contract. Usually, a contract of employment will be expressed in writing, but as with many other contracts this need not always be the case. The contract of employment will consist of a number of terms and conditions. These may be express or implied. Express terms are those which have been agreed between the parties, either orally or in writing. Implied terms are those which are so obvious to an onlooker that they are held to be part of the contract, and therefore do not need to be expressed by the parties. Breach by either party of any of the terms will, of course, amount to breach of contract.

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  • Equal Pay

    The law regarding equal pay is in principal very basic and straightforward. It simply states that men and women should receive equal pay regardless of gender. Unfortunately, aspects of the legislation and much of the case law have succeeded in complicating and at times confusing this otherwise simple doctrine. However, it is possible and relatively simple for a person to bring a claim under the Equal Pay Act if they feel that are unjustly penalised due to their sex.

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  • Discrimination

    In employment, it is, prima facie, unlawful to discriminate against an employee or potential employee on the grounds of sex, sexual orientation, race, disability, religion or belief, and from December 2006, age. Employers found to be in breach of these statutes may face severe criminal and civil penalties.

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  • Health and Safety

    The aim of Health and Safety Law is to prevent accidents occurring in the workplace. The enforcement of H & S legislation differs from most areas of Employment Law in that breach of health and safety statute usually results in criminal liability. However, this does not stop the injured party from pursuing a claim for damages in the event of an accident.

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  • Termination of Employment

    There are three main methods by which employment may be terminated: termination by way of contract, termination by breach of contract, and termination by method external to the contract

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  • Wrongful Dismissal

    An action for wrongful dismissal ( not to be confused with unfair dismissal ) is a common law action for damages to compensate the ex employee for losses suffered for the wrongful termination of a employment contract. Generally this will only amount to monies to which the employee would have been contractually entitled had the contract been lawfully terminated, in effect, monies in lieu of notice.

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  • Unfair Dismissal

    Unfair Dismissal is a legal concept governed almost wholly by the Employment Rights Act 1996...Within this legislation it states that an employee has the right not to be unfairly dismissed by his employer.

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  • Redundancy

    A worker of long standing is now recognised as having an accrued right to his job, this right gains in value with the years of service, so much so that if the job is shut down he may be entitled to compensation for loss of the job, a redundancy payment.

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  • Restraint of Trade

    Competition during the life of the employment contract will usually fall foul of the implied duty of fidelity imposed on the employee and amount to a breach of contract. It may also enable the employer to obtain an injunction against a third party, restraining them from employing the employee while the original contract is still in force. A distinction, therefore, must be drawn between competition during the employment period and compensation once the relationship has ended.

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  • Other

    If your question is not covered by the above sections or if your are unsure as to which area of Employment Law your query falls under, please select this option.

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Help

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