So you aren't quite convinced that you need an employment law solicitor. Well, this article should enlighten you on the value that solicitors can bring to your business--if you are the employer; or to you--if you are the employee. Being thoroughly familiar with employment law through the help of solicitors can provide you several benefits. These are provided briefly below.
For the Employer
First, it is something that every business owner needs--in-depth knowledge on employment and labour laws. Such knowledge can very well help you avoid the pitfalls of legal problems that employees can throw at you, if you aren't careful.
Second, familiarisation with employment law is useful especially when you need to draft contracts for your employees
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Because of the countless laws and regulations related to the employment law, dealing with it can be such a hassle. However, with the help of solicitors, your burden will be significantly reduced.
For the Employee
It isn't only the employer who benefits from the assistance of an employment law solicitor. Employees can equally benefit from their services, particularly when it comes to dealing with delicate matters like unfair dismissal. There are ways to get the justice you deserve if you have been dismissed without sufficient grounds or if you have been wrongly treated by your employer and colleagues.
Second, when you are in the process of filing a tribunal claim, a solicitor can educate you on what you should expect during the entire process and at the same time, help ensure that it is carried out according to the law.
Thirdly, if you believe that you have become victim of discrimination and bullying in the workplace, a good employment law solicitor can help you get justice against those who are held liable. Information pertaining to the legal implications of their actions can be given to you through the assistance of a
The law provides several rights and freedoms, but there are also limits to the rights provided to employees according to the law. Employee rights are limited to performance in the sense that, they should work to meet the employers targets irrespective of the rights granted to them by the law (John, 2015). Secondly, employee’s rights are limited to discipline. Hence, they should be always committed towards following work place rules and procedures including time adherence, respect of organizations property, and dressing properly at the place of work.
you have certain legal rights of which you ought to be aware before you proceed
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
I am a qualified solicitor and in this role I have developed my communication skills. On one occasion I was representing a mother who was a victim of domestic violence. The father wanted to see his children but the mother was not allowing it due to the domestic violence. I acknowledged her concerns regarding the contact and explained that I understood why she would not want contact to take place. I also explained to the mother the courts view in terms of contact and domestic violence cases. I highlighted the fact that if she allowed contact without going to hearing she would still retain a level of control. I suggested that contact take place at a neutral location and be supervised by a friend or family member until she was comfortable with this arrangement. The client was reluctant but highlighted that the court would want some form of contact and she would have to adhere to this. However, by reaching an agreement outside of court she is not bound by it and will be in control. The client agreed to
For starters when it comes to lawyers it’s not always winning every case that you come across, but it’s the matter of representing your client in the best possible way that you can, it is keeping their confidentiality agreement, provide them with the best options as possible and keeping an open and honest
Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
While implementing solutions to the high turnover rate, companies must know and understand the law. The law is created and enforced by the government to prevent any discrimination or biases between the company and employees. It also prevents the strong, corporations, from taking advantage of the weak, employees.
This legislation does not prevent dismissals from occurring but only allows the employee to challenge their dismissal. The Unfair Dismissals Act 1977-2007 is the legislation that covers the basis for Alfie’s case. In his case, he seeks to prove that his dismissal was unfair and unwarranted. Thereby seeking redress from his employee. Many aspects of his case are pertinent to the Acts as the facts indicate.
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
Section 188 of the Act (Labour Relations Act) stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Persons or Employers considering whether or not the reason for dismissal is of fair reason is in accordance with fair procedure must take into account any relevant Code of Good Practice issued in terms of Schedule 8 of the Act – as discussed here-in:
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
...ll benefit when the employees are well equip with the excellent oral communication, critical thinking, strong work ethic, teamwork, competence and setting the goal which requires a lot of thinking process.
The role of the government on industrial relations is very important as it sets the legal framework that industrial relations operates in. Appropriate industrial relations legislation should recognize the requirements of both employers and employee’s. Both the employee and the employer want to profit from each other but are also reliant on each other. This means that the equal bargaining power of employers and workers must be recognized (Peetz, David. 2006). Appropriate industrial relations laws should address any imbalance of power and give both groups an equal degree of control. Appropriate industrial relations should not only allow a mixture of both collective and individual bargaining but also facilitate employee participation in day to day workplace decisions. After all it’s the structure and framework of the employment relationship, which is governed by legislation that leads to good Industrial Relations.
How difficult (or easy) is it for an employer to prevent an employee working for others (or themselves), both during the employment and after it has ended? Refer to relevant cases and legislation.