Bromley Solicitors

ADVICE ON EMPLOYMENT LAWS FOR EMPLOYERS IN BROMLEY

Bromley Employment Law FAQs

Do I have to give my employees an employment contract?

Employment contracts, like any contract, can have legal effect in written, verbal and non-verbal (i.e. circumstances) forms.  Whilst you do not have to give your employees an employment contract per se, you are obligated to provide them with a written statement of their main terms of employment within two months of employment commencing.  The main terms of employment will include their place of work, the main duties of their employment, their hours of work, details regarding remuneration, notice, statutory holiday entitlement and pay.

What are my obligations under the Equality Act 2010?

Employers are not allowed to discriminate against employees with ‘protected characteristics’.  This means employers are not allowed to discriminate on the grounds of race, age, gender, disabilities, sexual orientation or gender reassignment.  Prohibited behaviour includes:

ñ  Direct discrimination – treating an employee with a protected characteristic less favourably than other employees on the grounds of disabilities.

ñ  Indirect discrimination – conditions or circumstances which are less favourable to employees with protected characteristics, provided there is no rational or legitimate aim or explanation.

ñ  Discrimination arising from a disability – this was a special class of discrimination introduced in the Equality Act.  It prohibits behaviour which treats someone less favourably than other because of something connected to their disability.

ñ  Associative discrimination – prohibits behaviour which discriminates against someone who associates with someone with a disability.

ñ  Perceptive discrimination – treating someone less favourably because they are perceived to have a protected characteristic.

ñ  Victimisation – treating a person with a protected characteristic less favourably because they have raised or have been perceived to have raised a claim under the Equality Act 2010.

ñ  Harassment – ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.  Employers are also required to protect employees from harassment by third parties, including customers and others.  If the harassment takes place on two occasions or more and no action is taken by the employer, you will be in breach of your duties under the Equality Act 2010.

How do ‘fit notes’ differ from sick notes?

Sick notes of yesteryear gave doctors two options – either not fit to work or fit to work.  The new fit note system includes a third option – may be fit to work provided certain advice is taken into account and followed.  If the new third options applies, you will be able to liaise with the employee’s GP to find out what you will need to do to allow the employee to work or slowly return back to work.

How should I go about resolving grievances and disputes within the workplace?

From an employer’s point of view, where possible it is best that disputes are solved and settled within the workplace by adhering to your statutory duties, having adequate procedures and policies to deal with complaints and procedures and by implementing good HR practice.  If the dispute escalates beyond the bounds of the workplace, it could be solved via mediation or arbitration through ACAS (Arbitration,  Conciliation and Advisory Service.  In certain circumstances, compromise agreements can be used, which will sever the employment relationship and preclude the employee from pursuing legal claims against the employer in return for package compromising of money and other benefits, such as pension rights.

Additional employment law related advice for employers in Bromley.