A guide to employment law

Employment law sets the framework governing the rights and responsibilities of employers and employees in the UK. These laws cover the full scope of employment relationships from contracts, working hours, holiday pay and sickness to disciplinary issues and dismissals.

However, employment law and HR issues can be sensitive and nuanced. Our guide is here to walk you through the legal essentials and our experienced HR and employment law solicitors are on hand to support you and your team, no matter what industry you’re in.

Read on for insights on the fundamentals of employment law for HR and feel free to get in touch with the Hay & Kilner team for more support.

Why understanding employment and HR law is vital for your business

Whether you have a small team or an expansive one, every employee has legal rights — governed by employment law. On the contrary, as an employer, you also have rights. Seeking guidance from employment law solicitors for employers can help you navigate these rights effectively. By recognising the entitlements and rights of employees and employers, you can manage expectations and foster a positive work culture which ensures the wellbeing of employees and furthers business success.

When businesses fail to comply with employment law, they run the risk of financial and reputational damage and a decline in employee morale.

The key areas of employment law

So, what is employment law, and what does it cover? There are several key areas to be aware of.

1. Employment Documentation

It’s essential to provide any new workers with clear and comprehensive employment contracts that cover pay, hours of work, holiday entitlement, sick pay, notice periods, and job responsibilities.
If you are unsure how compliant and effective your contracts are, we can provide an in-depth review of your current clauses and update them to ensure they protect both you and your employees.

2. Equal opportunities and protections under the Equality Act 2010

The Equality Act 2010 prohibits discrimination based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Employers must ensure that their policies, practices and behaviours do not disadvantage any employee or job applicant based on these characteristics.

In addition, employers have a statutory duty to make reasonable adjustments and minimise any disadvantage suffered by a disabled job applicant or employee.

Discrimination can have significant and costly consequences, so it is important that an employer takes steps to reduce the risk of discrimination such as providing equality and diversity training, putting effective policies in place and regularly reviewing those policies and procedures.
We can provide advice to employers to support inclusive and diverse workforce management by advising on any specific issues as well as reviewing and updating your current policies and procedures.

3. Working hours, leave and pay

All parties involved must adhere to the working hours, leave, and pay set out in the employee’s contract. There are certain regulations and legislation that employers need to follow, too. For example, working hours regulations state that an employee must not work more than 48 hours a week on average.

Employees are also entitled to minimum wage and equal pay, regardless of gender.

4. Health and safety

No matter your industry, you have a legal obligation to provide a safe working environment for your employees under the Health and Safety at Work Act 1974. You’ll also need to conduct relevant risk assessments and take appropriate measures to mitigate any risks in the workplace.

5. TUPE (Transfer of Undertakings - Protection Employment)

TUPE transfers are usually relevant when an entire business or part of a business is sold or transferred. However, you may also need TUPE advice if there are changes to your service provision — for instance if you previously outsourced work to contractors but want to bring that service back in-house.

When navigating TUPE, it’s important to protect to comply with the regulations relating to consultation with employees and the provision of certain information to avoid potentially costly claims.

6. Dismissal and redundancy

Dismissing employees or handling redundancies can be tricky. It’s vital that employers do all they can to manage the situation fairly and comply with employment laws.

You must have a valid reason for dismissing an employee to avoid unfair dismissal claims which could lead to substantial payouts and reputational damage.

Redundancies also come with legal requirements, such as ensuring the right amount of redundancy pay for employees who have worked with you for a certain period of time.

7. Grievance and disciplinary procedures

If a grievance is raised, or you need to take disciplinary action, you must follow a structured process, including a thorough investigation and a grievance or disciplinary meeting. You also need to ensure that your employees have the right to appeal. Those involved have the right to confidentiality, fair representation, and impartiality.

Any issues raised must also be handled in line with the Advisory, Conciliation and Arbitration (Acas)Code of Practice.

The importance of keeping up with the latest employment law updates

Ensuring compliance with employment law is an ongoing process that requires regular review and updates to your employment practices.

The Employment Rights Bill promises to shift the employment law landscape. As an employer, it is crucial to understand the implications of these changes and prepare for their eventual implementation. Some of the proposed changes include:

• Removal of the two-year qualifying period of employment for the right to claim unfair dismissal, making it a day-one right.

• An end to exploitative zero hours contracts.

• An end to unscrupulous ‘fire and rehire’ and ‘fire and replace’ practices.

• Strengthening of collective redundancy rights.

When you work with Hay & Kilner, you can benefit from regular review meetings to help ensure your HR strategy is in line with the latest employment legislation.

Support from HR and employment law solicitors

As well as keeping your business up to date with employment law changes, working with dedicated employment law solicitors like Hay & Kilner can provide you with impartial expert employment law advice. We pride ourselves on offering support in all areas of HR and employment law.

We also offer HR Showcase, a fixed-fee employment law training service suitable for businesses of all sizes. Covering areas including disciplinary procedures and performance management. HR showcase can help you strengthen your HR policies and reduce the risk of tribunal claims.

To discover more about our training on HR issues and employment law issues, get in touch with the Hay & Kilner team.

Hay & Kilner: HR and employment law specialists

Whether you’re looking for advice on contract clauses, need support in dealing with disciplinaries, or want to train your team on equality or diversity, Hay & Kilner’s dedicated employment law solicitors are equipped with up-to-date employment law knowledge to support your business.

Learn more about our HR and employment law services and contact us to see how we can help your team.