The Legal Minefield of Employing Workers in the UK
From the first time that you employ someone you must have an awareness of the complicated rules and regulations of employment law legislation in order avoid the UK employment tribunal (ET). Employment litigation is both expensive and damaging to a business.
Employment law impacts on each and every part of the employer/employee relationship. For example, anti-discrimination laws are intended to eliminate discrimination from all workplace situations, so that your recruitment procedures (including advertisements for new employees) do not discriminate on the grounds of sex, sexual orientation, colour, race, nationality, ethnic origin, religion or belief, disability or age. Quite a list isn't it?
Other legislation deals with specific employment situations. For example, when employing a new member of staff the law dictates that you should give them a written statement showing their employment terms and conditions, this must contain specific information. Some circumstances involve more than one law, so knowledge of different rules and regulations is needed. For example, employers have a clear legal duty to treat pregnant women fairly. Any dismissal of a female employee for a reason connected with her pregnancy is likely to be both sex discrimination contrary to the Sex Discrimination Act 1975 as well as automatically unfair dismissal under the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999. In this situation it is not uncommon for the employee to bring both a claim for unfair dismissal and sex discrimination. In addition, under the Management of Health and Safety at Work Regulations 1999, employers have a duty to carry out risk assessments and alter working conditions in order to avoid risks to new or expectant mothers. Therefore, if you employ any women of childbearing age, risk assessments for them must include risks specific to new and expectant mothers.
In an environment where employees are becoming increasingly aware of their employment law rights, you need to make sure that you are able to identify potential hazards and avoid the problems. In particular if you are in any doubt whatsoever about how to handle any potentially tricky problem or situation, you must make sure that you consult specialist employment law solicitors - and that you do so at the earliest possible time. Unless you know exactly what your legal stance is, trying to defend yourself without advice can be catastrophic. For the unaware employer, employment law can be a potential minefield. Every decision you make and every action you take with regard to your employees must be taken carefully and in line with proper procedure. Employment tribunals have held, for example, that even legal documentation arriving seconds after a deadline, will be rejected.