Solicitors in Leeds

EMPLOYMENT LAW GUIDE FOR LEEDS EMPLOYERS

What are the time limits for an employee to make an Employment Tribunal claim?

The time limits depend on the type of claim and should be checked in each case, but the rules are generally strict. In most cases the tribunal must receive a claim within 3 months from the date employment ended or when the matter being complained about happened.

If the claim is received outside the time limit, the tribunal will probably not be able to consider it unless there are exceptional reasons for the delay. For example, the claimant may have been in hospital for the period when they should have made their claim.

If a claim is accepted, the tribunal office will send the employer a copy of the claim form (ET1) together with a form for any defence (ET3). If no defence is received within 28 days, a tribunal may consider issuing a default judgment in favour of the employee.

Is there a time limit for an employee bringing an Unfair Dismissal Claim?

An employee must bring an Unfair Dismissal claim within 3 months of being dismissed. If they don’t bring a claim within this time they will lose the right to claim.

What notice period needs to be given to an employee before dismissal?

This depends on the fundamental issue of whether the employee is being dismissed for gross misconduct, in which case, summary dismissal (immediate dismissal) may be legally valid with no notice period or payment.

If dismissal is not on the basis of gross misconduct, the starting point is to consider the contract of employment and comply with this. If the contract gives the employee rights in excess of statutory minimum notice, the contract should be complied with. In any event, at law an employee will be entitled to a minimum of :-

1. An employee is entitled to a minimum of 1 weeks’ notice of dismissal if they have worked continuously for 1 month, but less than 2 years.

2. After 2 years’ employment, a further 1 weeks’ notice is required for each whole year of continuous employment up to a maximum of 12 weeks.

What consultation is required before making an employee redundant ?

An employer is under a legal duty to properly consult with employees before making them redundant, and to consider available alternatives to redundancy and to have a reasonable, documented, fair and transparent set of criteria for deciding between employees under threat of redundancy, as to which will lose his, her or their jobs. If this does not take place, you may face a claim for unfair dismissal, on procedural grounds if nothing else.

What is the difference between an Employment Contract and a Service Agreement?

Service Agreements are used to hire service providers or independent contractors, not employees. A Service Agreement is limited to a specific project or time period. Employment Contracts are used to hire employees.

What kind of actions can lead to an Employment Tribunal claim for discrimination ?

• Discrimination can be direct or indirect and includes victimisation and harassment.  You can discriminate against an employee or a group of employees based on the grounds of discrimination.
• Direct discrimination includes comments, remarks or actions made or taken directly because of one of the factors set out above.
• Indirect discrimination includes rules or practices which apply to everyone but by their very existence discriminate against a particular group.
• Victimisation includes comments, remarks or actions made because an employee has made a complaint or gave evidence based on one of the grounds of discrimination.
• Harassment
• An employer can be liable for discrimination based on vicarious liability. This is the legal concept of being responsible for another’s actions. An employer can be responsible legally for discriminatory conduct by an employee against another employee, even if the employer was unaware of such conduct

What sort of conduct can constitute sex discrimination?

• Circulation of emails with innuendos or dirty jokes
• Displaying lewd posters
• Making personal/intrusive comments about physique or clothing
• Unwanted and/or inappropriate physical contact or attention
• Not promoting someone because of their sex
• Not selecting someone for employment or promotion because of their sexual orientation

A common misconception that employers have is that if some or the majority of staff, whether men, women or both, do not object to, for example, circulation of dirty jokes, that this protects the employer. This is not correct. It does not matter that other staff of the complainant’s sex were not offended, it merely matters whether the complainant was offended.

Disciplinary and Dismissal Procedures

Employers are required by law to go through certain disciplinary procedures before dismissing an employee.

Even if you have a fair reason for the dismissal, you may be liable for unfair dismissal if you do not go through the correct procedure.

A fair procedure should, at the very least, include the following :

• You should carry out a reasonable investigation before making a decision
• You should arrange a disciplinary hearing at which the employee is given the opportunity to state their case
• The employee should be notified of the hearing and the reasons for the hearing in writing
• The employee should be given the right to bring a colleague to the hearing
• You should consider other lesser forms of discipline
• You should notify the employee in writing of the termination of employment and the reasons for it.
• The employee should be notified of the right to appeal against the decision.