Health & Safety – the employer’s duty

The law imposes a responsibility on employers to ensure the health, safety and welfare of all their employees whilst at work. Much of the law in relation to safety in the workplace is contained within the Health and Safety at Work etc. Act 1974.

Redundancy

Redundancy is a form of being dismissed from a job and principally arises not because of any behaviour or inadequacy on the part of the employee (although these may be factors which employers will wish to take into consideration) but because of a business driven reason. Redundancy is potentially a fair reason for dismissal, although if not handled correctly, can become a basis for a claim of unfair dismissal. Most employees affected by redundancy become eligible to some form of payment.

Employment tribunals

An Employment Tribunal is a judicial body whose role is to make decisions and judgments relating to employment rights in disputes between employers and employees where the dispute cannot be resolved internally. They are not as formal as other courts, although they do expect that those before them will give evidence on oath and it will still be perjury if you lie to the Tribunal.

Dismissal and disciplinary procedures

Situations inevitably arise when an employer needs to take disciplinary action against an employee. When they do, it is vital, both from the point of view of efficient management as well because it is a requirement of the law, that businesses have written disciplinary procedures and that the employees and managers are aware of them and know how, and when, to follow them when problems arise. Here we will look specifically as issues relating to those disciplinary procedures and how they affect the employer/employee relationship.

Race discrimination

Racial discrimination occurs where one person is treated less favourably than another person and the reason for that less favourable treatment is related to their colour, nationality or ethnic or national origins.

Sex discrimination

Under the 1975 Sex Discrimination Act it is unlawful for an employee to be treated differently from other employees where the reason for that different treatment relates to their sex, marital status or because they are undergoing, about to undergo or have undergone a gender reassignment.

Disability discrimination

The Disability Discrimination Act 1995 (DDA) introduced significant rights for disabled people. It has since been updated by the Disability Discrimination Act 2005. Under the DDA, it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified.

Unfair dismissal

Unfair dismissal occurs where an employee is dismissed without good reason, without a fair procedure having been followed or where the dismissal is for one of several reasons regarded as automatically unfair, for example where a woman is dismissed for a reason related to her pregnancy.

Wrongful dismissal

Wrongful dismissal arises where an employer has broken the contract of employment with the employee. Wrongful dismissal, which is based on contract law, should not be confused with unfair dismissal where the remedies are contained in legislation.

Constructive dismissal

Constructive dismissal arises when an employee resigns because the employer's conduct has been such that there has been a fundamental breach of the contract of employment. It may give rise to a claim for both unfair dismissal and wrongful dismissal.