Employment Law
Setting up as an employer involves a range of significant duties and obligations. There is a legal minimum wage. There are a number of different categories of employment. Part time employment or flexible working arrangements may fit the needs of the business and be beneficial to employer and employee. Special considerations arise in employing directors.
It may be possible to retain an independent contractor instead of an employee. A further development of this theme is the “outsourcing” of a whole function or department to a wholly external contractor, who employs its own employees.
A number of legal and pre-employment matters arise at the recruitment stage. When an employee is recruited, there is an obligation to give details of the terms of employment. An employer can be made liable for unlawful discrimination in recruitment or during employment. Eligibility for recruitment must be considered from an immigration law perspective.
There are legal obligations in respect of working hours, rest breaks and holidays. There are restrictions on Sunday working and night time working. There are restrictions on the employment of young people. Where employees become parents, rights to maternity, paternity, adoptive leave and parental leave apply.
It is desirable for a business to produce and supply a staff policy handbook to provide for procedures and standards in relation to matters which will arise in the course of employment. There are legal issues which arise in respect of staff records, particularly under Data Protection legislation. Particular considerations arise in relation to changing the terms of employment.
Employees have statutory duties in relation to Occupational Health and Safety legislation. See our guides on Occupational Health and Safety legislation. In England and Wales, there is an obligation to have employees liability insurance. Occupational injury claims have significant implications. An employer can be liable for bullying and harassment by one employee to another, under certain circumstances.
Various types of pension arrangements are possible. Running a pension scheme raises ongoing compliance obligations for the employer. As in Ireland, there is no obligation to have a pension scheme, but there are obligations to provide access to pension arrangements.
Share incentive schemes are a useful and tax efficient way of incentivising employees.
There are rights for employees to belong to or opt out of membership of a trade union. Employees’ representatives may be trade union representatives or may be non trade union representatives. They have certain rights to information and participation in key decisions.
Legal issues arise when workers leave employment. If a disciplinary or grievance issue is involved, certain procedures should be followed. Where the ground for termination of employment is redundancy, the employee may have rights to redundancy payment.
A termination of employment without a good reason or without following proper procedures, is an unfair dismissal which may entitle the employee to compensation or reinstatement. An employee should follow unfair dismissal procedures to avoid such a claim. A termination of employment may be a breach of contract which may leave the employer liable for a claim for wrongful dismissal.
* Pre-employment matters
* Setting up as an employer
* Employment or independent contractor
* Categories of employment
* Employment Income Tax
* Employment Contracts
* Immigration and Eligibility Issues
* Payments and Minimum Wage
* Employment of young persons
* Staff policy handbook
* Discrimination
* Working hours, rest break and holidays
* Liability insurance
* Maternity
* Staff records
* Business Transfer
* Pension Schemes
* Pension Arrangements
* Share schemes
* Trade Union
* Employee's representative
* Redundancy
* Disciplinary and grievance issues
*Workers leaving employment
* Unfair dismissals procedures
* Unfair dismissals
* Wrongful dismissal
This information on this website is intended as an overview and broad outline of the matters covered in it. Its purpose is to inform and raise awareness. We are happy to offer specific legal advice on particular circumstances. Our guides should not be relied on as a substitute for comprehensive legal advice with reference to the particular circumstances. While we have taken due care in their preparation, we do not accept legal liability as a result of any reliance placed on anything in the guides. The reader should rely only on specific legal or taxation advice.
Contact(s):
Paul McMahon