- Employment contracts need to be drafted very carefully because they are governed by statutory requirements which determine the rights and obligations of the employers and employees who enter into them.
- Employment tribunal compensation claims are protracted and stressful affairs due to their very nature – disputes having arisen between employers and employees. They are also expensive and costs incurred by both parties are for the most part, irrecoverable. It is therefore in the interest of both parties to try and reach a mutually beneficial or
amicable resolution and avoid an employment tribunal compensation claim.
- Potentially lawful and fair grounds for the dismissal of an employee are conduct, capability, redundancy and retirement.
- Unlawful grounds for the dismissal of an employee are age, disability, race, sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, and religion or belief, defined as protected characteristics in the Equality Act 2010 Employee dismissal via any of these means is classed as discrimination.
- Although certain grounds for dismissal are defined as lawful, an employee cannot be dismissed on lawful grounds alone. Disciplinary procedures and stages exist to ensure that fair and reasonable decisions are made in the circumstances.
- Qualifying criteria, such as the length of an employee’s service and the right not to be unfairly dismissed, must be factored in when considering dismissal. Some categories of worker other than employees are also entitled to other rights, such as paid leave.
- Employees are entitled to be treated with dignity and respect. Any employer deemed to be acting unreasonably, i.e. to act in such a way that destroys the mutual bond of trust and confidence with their employee, risks being subject to a bullying and harassment claim and complaints of constructive dismissal.
- Goodwill and staff are two of an employer’s most valuable assets which can be protected by agreeing restrictive covenants with an employee. However, these covenants are scrutinised closely by Tribunals so employers should apply due care and attention when drafting covenants to ensure that they are reasonable.
For more information about employment law, visit our specialist unfair dismissal compensation, pregnancy discrimination or employment tribunal claim websites will talk to one of our employment solicitors in Dorset, Wiltshire and Hampshire on 01722 422300 today.