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                                     EMPLOYMENT LAW                                       

EMPLOYER

EMPLOYEE

Employers often face a variety of issues in disputes with employees. Here are some common issues and strategies for effectively addressing them. By implementing these strategies, employers can effectively manage and resolve disputes with employees, maintaining a fair and productive workplace

Unfair Dismissal Claims

    • Employees may claim they were dismissed without a fair reason or without following a fair procedure.

Discrimination Claims

    • Employees may allege discrimination based on protected characteristics such as race, gender, religion, or disability.

Sickness Absence Management

    • Managing short-term and long-term sickness absence can be challenging, especially if it leads to disputes over capability or reasonable adjustments.

 

Breach of Contract

    • Disputes may arise if employees believe their contractual terms have been breached, such as changes to job roles or pay.

Redundancy

    • Employees may dispute the fairness of redundancy processes or selection criteria.

Grievances and Disciplinary Actions

    • Handling grievances and disciplinary actions can lead to disputes if not managed properly.

Pay and Benefits Disputes

    • Disputes over unpaid wages, overtime, or benefits can arise.

Effective Strategies for Addressing Disputes

  • Clear Policies and Procedures

  • Training for Managers

    • Provide training for managers on employment law, handling disputes, and managing sickness absence effectively.

  • Open Communication.

  • Early Intervention

  • Legal Compliance

    • Ensure compliance with relevant employment laws, including the Employment Rights Act 1996 and the Equality Act 2010.

  • Documentation

    • Keep detailed records of all employment-related matters, including sickness absence, disciplinary actions, and grievances. This can provide evidence if a dispute arises.

Advising an employee who is currently in a dispute with their employer involves several key steps and considerations. Effectively advising an employee in a dispute with their employer requires a combination of understanding the legal framework, following company procedures, gathering evidence, and seeking professional legal advice. By taking a proactive and fair approach, the employee can navigate the dispute and seek a resolution that protects their rights and interests

To understand the Nature of the Dispute:

  • Identify the Issue:

  • Legal Grounds:

Review Employment Contracts and Agreements

  • Employment Contract: Advise the employee to review their employment contract to understand their rights and obligations.

  • Relevant Regulations:

  • Follow Company Procedures

  • Grievance Procedures:

 

ACAS Early Conciliation:

  • Gather Evidence

  • Documentation:

  • Performance Reviews

  • Communicate with the Employer

  • Disclosure: Encourage the employee to inform the employer of their claim and attempt to resolve the issue through negotiation.

  • Negotiation: Discuss the potential impact of the claim and negotiate terms that protect the employee's rights and interests.

  • ​

Assess the Impact on Employment

  • Reputation:

  • New Employment Terms: If the employee continues to work for the employer, ensure that their new employment terms are fair and comply with relevant legislation.

Prepare for Potential Outcomes

  • Settlement:

  • Tribunal: If settlement is not possible, prepare to take the claim to an employment tribunal. Ensure that all procedural requirements and deadlines are met.

  • Consider Alternative Dispute Resolution

  • Negotiation: If the business is still operational, consider negotiating a settlement with the employer. This could be quicker and more certain than pursuing a tribunal claim to its conclusion.

  • Enforcement of Tribunal Award

  • High Court Enforcement Officers:

  • Insolvency Proceedings:

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