Employment Law Overview

The beginning of the employment relationship

  • The recruitment process: CV sifting and selection for interview, interviews, the offer letter, references and medicals
  • Contracts of employment: what are express and implied terms?
  • What are the important contract terms?
  • Working Time Regulations, maximum hours, opt outs and holiday entitlement

Employment status and contracts

  • Who is a `worker` and who is an `employee`? Who is a self-employed person?
  • What are the rights of “freelancers”?
  • Agency workers and Agency Workers Regulations
  • Part-time workers
  • Fixed term contracts

Discrimination and equal opportunities

  • What types of discrimination are prohibited at work?
  • Direct and indirect discrimination
  • Gender, race and disability discrimination
  • Sexual orientation, religion and belief discrimination
  • Age discrimination law explained
  • Victimisation and harassment
  • Employer liability and defences
  • The Equality Act

Family-friendly rights

  • Maternity, paternity and adoption rights
  • Antenatal care and pregnancy dismissals and discrimination
  • Additional paternity leave
  • Parental leave and time off for dependants
  • The right to request flexible working

TUPE

  • Understanding TUPE: definitions, employer obligations and recent case law
  • What are the practical effects of the Regulations?
  • Contracting out services
  • Dismissal of staff or varying their contracts when there is a TUPE transfer

Grievance and disciplinary procedures

  • The ACAS Code of Practice
  • Handling grievances in practice
  • Handling disciplinary matters: process, procedure and hearings
  • Acting fairly and reasonably

Dismissal

  • Wrongful, unfair and constructive dismissal
  • What are fair statutory reasons for dismissal?
  • Conduct and capability as reasons for dismissal
  • How to deal with long-term and persistent short-term absence
  • Dealing with poor performance
  • What are automatically unfair dismissals?
  • Compromise Agreements

Redundancy

  • What is a redundancy situation?
  • What consultation is needed?
  • What claims can be made if it goes wrong?