Constructive Dismissal Examples: A Guide for Employers
If an employee feels forced to resign because they’ve been mistreated at work, they may be able to claim constructive dismissal. As an employer, these cases can be costly and complex to defend, so being able to pre-empt any resignation decision can save you time and money. It can also help to safeguard a valuable […]
Change of Employment Contract: Key Guidelines
A change of employment contract terms can present legal risk for employers and can raise significant concerns with affected employees. In this guide for employers, we explain the legal position on varying contract terms and how to approach any such change with individuals to reduce potential for complaints and negative impact on working relations and […]
Holiday Pay Explained for Term-Time Only Contracts
Calculating part-time workers’ holiday entitlement can quickly become a complicated matter. However, employers are under an obligation both to ensure term-time workers receive at least the statutory minimum entitlement of 5.6 weeks’ paid annual leave a year, and that they are not treated less favourably than full-time workers. The following guide for employers examines the […]
Home Office Sponsor Action Plan: Complete Guide
The following guidance for UK-sponsors examines the Home Office enforcement process for non-compliance with your sponsorship duties, including the various stages involved in that process if you’re suspected of being, or proven to be, in breach of UK sponsorship rules. What is a Home Office sponsor action plan? If you successfully apply for […]
Employee or Worker: Legal Differences Explained
An individual’s legal rights and entitlements at work can differ significantly depending on whether they are classed as an employee or worker. In this guide, we explain the differences between these two types of employment status, including how legal status as either an employee or worker determine employment rights and responsibilities within the workplace. […]
Three Month Notice Period: UK Employer Guide
When an employee is dismissed or made redundant, or where they resign, there will usually be a requirement for notice to be given, either on the part of the employer or employee. In some cases, the notice period might be as long as three months. If this is an obligation which neither party necessarily wishes […]
Gaslighting at Work: How to Recognise & Address It
While the concept of ‘gaslighting at work’ is relatively modern in HR terminology, power struggles in the workplace are by no means new. In this guide, we examine what is meant by gaslighting at work, with common examples of gaslighting behaviours. We also explore how this type of unwanted conduct can be managed effectively and […]
Burchell Test: Misconduct Dismissals Explained
The Burchell Test is a legal principle in UK employment law used to determine whether an employer has acted fairly in dismissing an employee for misconduct. This test originates from the case British Home Stores Ltd v Burchell (1980), which established a three-part framework for assessing the fairness of a dismissal under the Employment Rights […]
Sleeping On The Job: Employer Strategies & Policies
Sleeping at work is generally not allowed, due not only to productivity issues, but also because of potential health and safety hazards, depending on the employee’s role and responsibilities. Employers should be clear on the rules around sleeping on the job, and the consequences facing employees if they are found have been asleep while at […]
Notice Period To Change Employment Contract Terms
Changing an employee’s contract of employment is not something you can usually do without their consent. Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient […]