Havering Solicitors

Havering employment lawyers guide for employers

Do I have to give employees an employment contract?

Yes, the general rule is that a statement of the employee’s main terms and conditions regarding wages, nature of the work, location, hours, holiday entitlement and notice must be given within two months of commencing employment.

How can I mediate employment disputes and grievances?

It is a good idea to have internal policies and procedures implemented in the first place in order to allow disputes to be resolved internally.  Of course, it makes good sense to implement good HR policy and conduct regular legal audits every six months to pre-empt disputes. However, should an employee wish to take a dispute to an employment tribunal, you can try and have the issue mediated through ACAS, which is a body that was created as a result of the Scheme in Employment Rights (Dispute Resolution) Act 1998.  If it looks like an employee will have a strong legal claim as a result of a dismissal, you can negotiate a compromise agreement where you will pay the employee a sum of money in return for them wavering their legal right to take a claim to an employment tribunal.

What are Fit Notes?

Fit Notes replaces sick notes that GPs used to issue and is designed to encourage employees back into the workplace and encourage employers to take action to integrate sick employees back into work.  Studies have shown that work is vital for the maintenance of certain skills as well as mental health, and can help aid recovery.  The old sick note system gave GPs two options stating that the employee was either fit for work or not fit at all.  In the past GPs either said that ‘you should refrain from work’ or ‘you need not refrain from work’. The new system allows GPs to state that an employee may be fit for work taking account of the following advice’.  If this option is indicated, the GP will give advice regarding flexible working arrangements, adjusting the employee’s duties, making changes to the work place and the possibility of slowly phasing the employee back into work.

What does the Transfer of Undertakings (Protection of Employment) Regulations require?

TUPE, as the Act is commonly abbreviated to, requires anyone who purchases a business to preserve the employment rights of the employees and employee them on the same terms and conditions as before.  In effect, the new owner also becomes the new employer.  The previous and new owners are also required to consult with the employees regarding the transfer of the organisation.

Who is entitled to flexible working?

Parents who have children under the age of 16 or disabled children under the age of 18 are entitled to flexible working if they have worked continuously for an employer for 26 weeks or more.  Under the 2007 Work and Families Act, carers are also allowed to apply for flexible work where the adult that is being cared for is a spouse or close relative or lives in the same abode as the employee.

Do I have to give written pay statements to my employees?

Yes, employers are legally obliged to provide their employees with a written pay statement which states their gross pay, the take-home pay and reasons and amounts for both fixed and variable deductions.  If employees are paid a commission or bonus, then the way this is calculated should be stated transparently.

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