Employment Law: What you need to know

August 13, 2019

Our Chartered Legal Executive, Lucy Watson, provides answers to some popular questions about Employment and what to do if you are facing problems in the workplace.

What is Employment Law?

Employment law is a set of laws that deal with the rights of employees and the responsibilities of an Employer. Employment law covers a wide range of issues from pension plans and retirement, to health and safety, to working hours, to discrimination in the workplace.

Which areas of Employment can Tayntons assist with to help Employees?

Our team of employment specialists have a great deal of expertise in workplace disputes. From minor differences to formal grievances or bullying and harassment within the workplace. It may be that you have been dismissed by your employer, or your employer is trying to enforce a contractual change on you, and you do not know your legal rights. Our team at Tayntons can assist you in all forms of employment law matters.

What are an Employees basic rights?

As an employee, your employer is obliged to deduct Income Tax and National Insurance contributions from your salary before paying you. You’re entitled to all minimum legal employment rights including; holiday pay, statutory sick pay, national minimum wage, maternity, adoption and paternity leave and pay.

Employees are entitled to receive a written terms and conditions of employment within two months of starting employment.

What is the process of issuing an Employment Claim in an Employment Tribunal (ET)?

Prior to lodging an Employment Tribunal claim, employees must engage in the Early Conciliation process through ACAS. The Early Conciliation process is a period of up to one month whereby the employee and employer enter into discussions to reach a resolution prior to a claim being issued. If this is not successful then an employee will be able to lodge a claim with the Employment Tribunal.

There are strict deadlines within employment law, and employee has three months minus a day from the alleged act (i.e. date of dismissal) to commence the Early Conciliation claim.

Mental Health in the workplace is quite topical at the moment, how does The Equality Act 2010 help protect Employees in the workplace?

The Equality Act 2010 protects employees from being discriminated against on the grounds of one of the nine protected characteristics. A number of mental health illnesses are deemed a disability under the Equality Act and therefore employees are protected from being treated differently by their employer. For more information about Mental Health in the workplace visit Mind.

Do you have any top tips for Employees facing problems in their workplace?

Problems with your employer usually fall into one of two categories:

• Grievances – when you raise your concerns, problems or complaints with your employer, usually in relation to another employee or practice of the employer.
• Disciplinary – when your employer has concerns about your work, conduct or absence

If you are facing a problem in your workplace, consider raising the issue with your Manager. Plan and write down what you want to say them, this will help you to remember everything you wish to raise.  Once you know what you want to say to them, arrange a meeting with them so you won’t be disturbed. If the meeting does not resolve the issue, consider sending a formal letter or raising a grievance to resolve the matter.

A last resort for any employment dispute would be going to an employment tribunal.

If you are facing problems in the workplace and would like some more guidance, speak to one of our Employment specialists on 01452 222340. We can book an initial consultation with you to go over the issue and help put your mind at ease.