Employment & HR

Guide to settlement agreements

What is a settlement agreement? A binding agreement without the use of an Acas conciliator between an employer and an employee (or other parties to a statutory claim) which either settles the claim or refrains the employee from commencing a claim. This guide will answer common questions about settlement agreements including: what are the conditions for a valid settlement agreement? Can all claims be settled by a settlement agreement? and how can settlement agreements be enforced?

Guide to risk assessments for new and expectant mothers

Employers are obliged to look after the health and safety of all of their employees and carry out general workplace risk assessments. In addition, pregnant women and new mothers in the workplace have special health and safety protection derived from the EU Pregnant Workers Directive. If an employer fails to undertake a risk assessment, the employee will be able to claim damages for breach of statutory duty and the employer may be prosecuted under criminal law. This guide looks at when general or individual assessments are required, what should be considered when carrying out risk assessments, reviewing assessments and risk avoidance.

Guide to employment tribunal claims

Employment tribunals will hear claims about a range of employment issues including unfair dismissals, discrimination and redundancy. Most claims to employment tribunals must be presented to the tribunal within 3 months less one day of the date of termination of employment. It is rare for the tribunal to extend this time limit. This guide covers various aspects of employment tribunal claims including time limits, negotiating and ACAS, preparation, the tribunal hearing, compensation and appealing the decision.

Guide to gross misconduct

What is gross misconduct? Conduct so serious as to justify summary dismissal of an employee. Summary dismissal means the employee will not receive notice or any payment in lieu of notice. Acts of gross misconduct can include theft, fighting, serious negligence, breaches of health and safety and indecent behaviour, This guide covers everything you need to know about gross misconduct including how tribunals decide if a dismissal for gross misconduct is fair and what procedures an employer should take when dismissing an employee.

Guide to giving references

Are employers required to provide a reference? There is no legal obligation on an employer to provide a reference. However, where a reference is provided, employers have a duty to be truthful, accurate and fair and must not give misleading information as this could potentially lead to claims being made against them by both the ex-employee and the recipient of the reference. This guide contains information about giving references including the liabilities, sensitive information and disclosure.

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