Category: Employments law
In an increasingly competitive jobs market, people tend to think ‘does a little white lie in my CV matter if it helps me get the job’. The answer to this is that it very well could and the consequences could very well be serious.
If you believe there is malpractice or wrongdoing in a workplace then you can ‘blow the whistle’ on the behaviour and be protected from losing your job and/or being victimised by your employer. The Public Interest Disclosure Act 1998 legislates that if you believe there is wrongdoing in your workplace (eg your employer is committing a criminal offence) you can report this by following the correct processes, and your employment rights are protected.
The Employment Equality (Age) Regulations 2006
The Regulations apply to all employment and vocational training (employees, prospective employees and trainees).
It is unlawful to discriminate, harass or victimise job applicants, employees or trainees on the grounds of age (young or old).
Direct discrimination occurs where the employer treats a job applicant / employee / trainee less favorably than he treats or would treat other persons unless he can objectively justify that treatment. It includes discrimination based on apparent age whether or not that is in fact the correct age.
Wrongful Dismissal is based on the employment contract and will allege breach of that contract. Action can be brought either in the County Court or before an Employment Tribunal. It will be based on contract law.
Probably the most common breaches are dismissal from employment without notice or where the notice period given is too short. Failure by an employer to follow a contractual disciplinary procedure can also be wrongful dismissal.
The Employment Rights Act 1996, provides that an employee who has been employed for more than 12 months has the right not to be unfairly dismissed.
The first burden on an employee alleging that he was unfairly dismissed is to show that there was in fact a dismissal
Some dismissals which breach statutory rights are automatically unfair:
· pregnancy dismissals;
· dismissal in connection with parental leave;
· dismissal in connection with time off for dependents;
· health and safety dismissals;
· dismissal for assertion of a statutory right;
· unfair selection for redundancy;
Redundancy is only a fair reason for dismissal in the specific circumstances defined in section 139 of the Employment Rights Act 1996.
It can arise when the need for employees to carry out work of a particular type in a particular place has ceased or diminished or is expected to cease or diminish.
It must therefore involve either the closure, (whether temporary or permanent) of a business as a whole or closure of a particular workplace where the employee was employed or a reduction in the size of the workforce.
Separate legislation provides a right to Maternity leave, and to Maternity pay.
Some employers agree employment contracts that are more generous than the statutory minimum maternity pay and leave.
Maternity Leave
All female employees are entitled to a minimum of 26 weeks Ordinary Maternity Leave regardless of how long they have worked for an employer. The 1 year's continuous employment period does not apply.
A statutory 3 part grievance procedures applies to the discipline and dismissal procedures of all employers.
Step one An employer must give a written statement to the employee setting out why they have decided to take disciplinary action.
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