What is wrongful dismissal? A claim of wrongful dismissal can arise when you (the employer) breach the contract of employment when you dismiss an employee. Importantly, it has nothing to do with whether the dismissal was fair — that falls under statutory unfair dismissal rules. Wrongful dismissal is ultimately about contract compliance. Notice periods The… [Read More]
3rd party pressure: Fair reason for dismissal?
The Employment Rights Act 1996 recognises five potentially fair reasons for dismissal: When faced with an ordinary unfair dismissal claim, you must set out which of these 5 reasons you will cite as the reason for dismissal. You must then show that the dismissal for that reason was fair in all the circumstances. What’s the… [Read More]
Refusing annual leave – employer’s rights
Under Working Time Regulations 1998, all workers are entitled to at least 5.6 weeks of paid holiday per year. However, this doesn’t mean that they have complete freedom to take holiday whenever they want. For the survival of the business, employers must be able to prioritise their needs and make sure that sufficient cover is in… [Read More]
How to draft a discretionary bonus scheme
How to draft a discretionary bonus scheme Discretionary bonus schemes can boost motivation and performance, but if the rules aren’t clear, they can quickly lead to disputes, costly claims and employee frustration. The key is balancing flexibility with clarity. Thoughtful drafting, defined rules, and careful documentation can give you flexibility while reducing the risk of… [Read More]
Understanding UK employment status
Your employment status determines the rights and protections you have at work. In the UK, there are three main categories: employees, workers, and the self-employed. Each has different entitlements. There is also a distinct framework for agency workers. Getting status right is essential, as rights cannot be contracted out of or waived. 1. Employees Employees… [Read More]
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