Employment Law and HR Advice

A legally binding agreement between you and your employer that sets out the terms and conditions of your employment. It can be written, verbal, or implied, but having a written contract is strongly recommended.

No. Even if you haven’t signed a written contract, you still have employment rights. However, your employer is legally required to provide you with a written statement of employment particulars within two months of starting work.

Your contract should include key terms such as:

• Job title and duties
• Salary and benefits
• Working hours and location
• Holiday entitlement
• Notice periods
• Disciplinary and grievance procedures
• Post-termination restrictions (if applicable).

We can review your contract to ensure it’s clear, fair, and legally compliant.

Changes to your contract usually require your agreement. If your employer tries to change your terms without consent – for example, reducing your pay or changing your hours – you may have grounds to challenge the change or claim constructive dismissal.

Clauses that limit what you can do after your employment ends. Common examples include non-compete, non-solicitation, and confidentiality clauses. We can advise you on whether these are enforceable and how they may affect your future employment.

If your employer fails to meet their contractual obligations – such as not paying you correctly or changing your role without agreement – you may be able to bring a breach of contract claim or resign and claim constructive dismissal.

Yes. You are entitled to negotiate terms such as salary, notice period, bonus arrangements, and restrictive covenants. We can help you understand your negotiating position and suggest amendments to protect your interests.

Seek legal advice before signing. Employment contracts often contain complex legal terminology, and it’s important to fully understand your rights and obligations. We offer clear, practical advice to help you make informed decisions.

Absolutely. We regularly advise employees on contract reviews before they accept a role, helping them understand the implications of key clauses and negotiate better terms where appropriate.

There is no minimum period of employment needed to bring a discrimination claim, and claims can be pursued in respect of recruitment processes or post-employment treatment as well as with regard to employment.

Yes, awards for discrimination are unlimited. They are based primarily on an award for injury to feelings and compensation for losses, although other forms of award can be made including aggravated damages and damages for personal injury.

Although liability usually rests with the employer of the people responsible for the discriminatory act, the individuals themselves can be personally liable for some discriminatory acts.

The definition of disability in the Equality Act 2010 states that it is a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities. This is a definition applied by a judge based on the evidence rather than being a medical assessment.

Individuals with cancer, multiple sclerosis and HIV qualify as disabled from the time of diagnosis.

Other progressive conditions qualify as disabilities with immediate protection once the condition has some effect on the ability to carry out normal day to day activities providing the effect will become substantial in the future.

Where a provision, criterion or practice places a disabled person at a substantial disadvantage compared to those who are not disabled, the employer must make reasonable adjustments to avoid the disadvantage. Since adjustments must be reasonable, scrutiny of proposed adjustments is important.

Although it is the employer’s duty to identify and implement such adjustments, in practice, the employee and employer should work together, often seeking medical advice, to identify what adjustments are appropriate and achieve the best outcome for all concerned.

Every situation must be individually assessed, but common adjustments include:

• Adjusting premises or equipment
• Altering working patterns/arrangements
• Re-allocating duties
• Providing mentoring and/or assistance
• Changing performance targets
• Re-deployment.

What is unfair dismissal?

The claim considers whether the employer had one of the five legally fair reasons for dismissal, and whether the dismissal was conducted using a fair procedure.

If the dismissal is for one of a number of prescribed reasons (for example, health and safety, trade union involvement, pregnancy, whistleblowing), then it will be automatically unfair.

Usually, employees must have two years’ continuous employment to claim unfair dismissal, although when dismissals occur in certain prescribed circumstances, this two-year qualification period will not apply.

What is wrongful dismissal?

When an employee is dismissed without receiving the appropriate notice or payment in lieu of notice.

Why appeal against dismissal?

An appeal against a decision to dismiss promises the possibility that the employer will reconsider and reverse the dismissal. Appeals are also encouraged since, in some circumstances, awards for successful claims of unfair dismissal can be subject to reductions of up to 25% if a right of appeal has not been pursued.

What is the effect of a successful appeal?

The Court of Appeal decision in Roberts v West Coast Trains Ltd and subsequent cases, have developed a clear principle that when an employer decides an internal appeal against dismissal in favour of an employee, this revokes the dismissal. The effect is to erase the dismissal and the employment relationship is treated as if it had existed throughout.

Although the cases have involved contractual appeals, it is likely that the contractual status of the appeal process makes little difference.

What are the implications of the dismissal vanishing?

The implications of erasing the dismissal are significant. The employee can no longer claim unfair dismissal - there is no longer a dismissal. However, there is usually an entitlement to back pay.

The employee may respond by resigning to pursue a claim of constructive unfair dismissal based upon the employer’s conduct, since the history of what has taken place is not erased. If so, the employee will be responsible for establishing that there has been a fundamental breach of contract that justifies resigning and treating themselves as constructively dismissed and that dismissal will then also have to be accepted as unfair by an Employment Tribunal if the employee’s claim is to succeed.

When does a successful appeal against dismissal take effect?

The case of Salmon v Castlebeck Care (Teesside) Ltd decided that upholding an appeal has the effect of erasing the dismissal without the need for an express direction to reinstate. This becomes effective as soon as the appeal is decided, which means that the dismissal can be erased before the employee is told.

When an employee is dismissed without receiving the appropriate notice or payment in lieu of notice.

An appeal against a decision to dismiss promises the possibility that the employer will reconsider and reverse the dismissal. Appeals are also encouraged since, in some circumstances, awards for successful claims of unfair dismissal can be subject to reductions of up to 25% if a right of appeal has not been pursued.

The Court of Appeal decision in Roberts v West Coast Trains Ltd and subsequent cases, have developed a clear principle that when an employer decides an internal appeal against dismissal in favour of an employee, this revokes the dismissal. The effect is to erase the dismissal and the employment relationship is treated as if it had existed throughout.

Although the cases have involved contractual appeals, it is likely that the contractual status of the appeal process makes little difference.

The implications of erasing the dismissal are significant. The employee can no longer claim unfair dismissal - there is no longer a dismissal. However, there is usually an entitlement to back pay.

The employee may respond by resigning to pursue a claim of constructive unfair dismissal based upon the employer’s conduct, since the history of what has taken place is not erased. If so, the employee will be responsible for establishing that there has been a fundamental breach of contract that justifies resigning and treating themselves as constructively dismissed and that dismissal will then also have to be accepted as unfair by an Employment Tribunal if the employee’s claim is to succeed.

The case of Salmon v Castlebeck Care (Teesside) Ltd decided that upholding an appeal has the effect of erasing the dismissal without the need for an express direction to reinstate. This becomes effective as soon as the appeal is decided, which means that the dismissal can be erased before the employee is told.

What is maternity leave?

Maternity leave is an entitlement to take up to 52 weeks of statutory leave in connection with childbirth. The two-week period following the birth is referred to as compulsory maternity leave. An employee may be entitled to pay in respect of some of the maternity leave period, either based upon their contractual terms or by receiving statutory maternity pay.

What is the entitlement to statutory maternity pay?

Qualifying employees are entitled to 39 weeks of statutory maternity pay. The first 6 weeks are paid at 90% of pay, with the remaining 33 weeks at the prescribed statutory maternity pay rate.

What is adoption leave?

Employees who adopt children under the age of 18 have similar employment rights following the adoption to those available to employees in respect of pregnancy and maternity.  One adoptive parent (which may be either parent) may take up to 52 weeks of adoption leave. An employee may be entitled to pay in respect of some of the adoption leave period, either based on their contractual terms or by receiving statutory adoption pay.

What is paternity leave?

Paternity leave is available in respect of newly born or adopted children and can be taken by the parent who does not take maternity leave or adoption leave. It permits a period of 2 weeks of leave to be taken within the first year following the birth or adoption. This leave may be taken as two separate weeks during that period.

Qualifying employees are entitled to receive payment at the statutory paternity pay rate.

What is shared parental leave?

Shared parental leave (not to be confused with unpaid parental leave) is a form of leave that commences when a person taking maternity or adoption leave chooses to share part of that remaining leave with a qualifying person, such as a spouse or partner.  Once the appropriate steps are taken, the maternity leave or adoption leave ceases and both parents move onto shared parental leave. This leave can be taken by each person in a continuous or in up to 3 separate intervals.  The parents may opt to take the time off at the same time or different times.

Qualifying employees are entitled to receive payment at statutory rates.

What is unpaid parental leave?

Unpaid parental leave (not to be confused with shared parental leave) permits both parents to take up to 18 weeks of unpaid leave in respect of each child they have aged under 18 years old. To qualify, an employee must have one complete year of service and be named as the parent in the birth or adoption certificate. Up to 4 weeks of this leave per child may be taken by each parent in any year.

What is parental bereavement leave?

Parental bereavement leave permits bereaved parents of a child who dies under the age of 18, or who suffer a stillbirth after 24 weeks of pregnancy, to take up to 2 weeks of leave from their employment within 56 weeks commencing with the date of the child’s death. The leave may be taken as a single 2-week period or as 2 separate 1-week blocks of leave.

Whilst leave is a right available from the beginning of employment, there is only an entitlement to pay after 26 weeks of continuous employment. Payment is at the statutory right in place at the time.

What is carer’s leave?

Carer’s leave entitles an employee to unpaid leave to arrange or provide care for a dependant with a long-term care need.  The right is available from the commencement of employment and an employee is entitled to take 1 week of carer’s leave in a 12-month period, which may be taken in half or full day increments or as a single 1-week period.

Who is considered to be a dependant?

A dependant is defined as:

• A spouse, civil partner, child or parent of the employee
• Somebody who lives in the same household, but is not a boarder, employee, lodger or tenant of the employee
• Reasonably relies on the employee to provide or arrange care.

What is a long-term care need for the purposes of carer’s leave?

A long-term care need means that the dependant either:

• Has an illness or injury (physical or mental) that requires, or is likely to require, care for more than 3 months
• Has a disability under the Equality Act 2010
• Requires care for a reason connected with old age.

Can I take time off work for an emergency involving a relative or dependant?

An employee is permitted to take reasonable unpaid time off work to deal with situations involving dependants and certain other people. The statutory right permits time off to provide assistance in various circumstances, including where there is unexpected illness or injury (including a child taken ill at school), a need to make care arrangements or in the event of death.

There are limited rights to time off where a person is not a dependant but relies on the employee to arrange the provision of care.

A long-term care need means that the dependant either:

• Has an illness or injury (physical or mental) that requires, or is likely to require, care for more than 3 months
• Has a disability under the Equality Act 2010
• Requires care for a reason connected with old age.

An employee is permitted to take reasonable unpaid time off work to deal with situations involving dependants and certain other people. The statutory right permits time off to provide assistance in various circumstances, including where there is unexpected illness or injury (including a child taken ill at school), a need to make care arrangements or in the event of death.

There are limited rights to time off where a person is not a dependant but relies on the employee to arrange the provision of care.

Qualifying employees are entitled to 39 weeks of statutory maternity pay. The first 6 weeks are paid at 90% of pay, with the remaining 33 weeks at the prescribed statutory maternity pay rate.

Employees who adopt children under the age of 18 have similar employment rights following the adoption to those available to employees in respect of pregnancy and maternity.  One adoptive parent (which may be either parent) may take up to 52 weeks of adoption leave. An employee may be entitled to pay in respect of some of the adoption leave period, either based on their contractual terms or by receiving statutory adoption pay.

Paternity leave is available in respect of newly born or adopted children and can be taken by the parent who does not take maternity leave or adoption leave. It permits a period of 2 weeks of leave to be taken within the first year following the birth or adoption. This leave may be taken as two separate weeks during that period.

Qualifying employees are entitled to receive payment at the statutory paternity pay rate.

Shared parental leave (not to be confused with unpaid parental leave) is a form of leave that commences when a person taking maternity or adoption leave chooses to share part of that remaining leave with a qualifying person, such as a spouse or partner.  Once the appropriate steps are taken, the maternity leave or adoption leave ceases and both parents move onto shared parental leave. This leave can be taken by each person in a continuous or in up to 3 separate intervals.  The parents may opt to take the time off at the same time or different times.

Qualifying employees are entitled to receive payment at statutory rates.

Unpaid parental leave (not to be confused with shared parental leave) permits both parents to take up to 18 weeks of unpaid leave in respect of each child they have aged under 18 years old. To qualify, an employee must have one complete year of service and be named as the parent in the birth or adoption certificate. Up to 4 weeks of this leave per child may be taken by each parent in any year.

Parental bereavement leave permits bereaved parents of a child who dies under the age of 18, or who suffer a stillbirth after 24 weeks of pregnancy, to take up to 2 weeks of leave from their employment within 56 weeks commencing with the date of the child’s death. The leave may be taken as a single 2-week period or as 2 separate 1-week blocks of leave.

Whilst leave is a right available from the beginning of employment, there is only an entitlement to pay after 26 weeks of continuous employment. Payment is at the statutory right in place at the time.

Carer’s leave entitles an employee to unpaid leave to arrange or provide care for a dependant with a long-term care need.  The right is available from the commencement of employment and an employee is entitled to take 1 week of carer’s leave in a 12-month period, which may be taken in half or full day increments or as a single 1-week period.

A dependant is defined as:

• A spouse, civil partner, child or parent of the employee
• Somebody who lives in the same household, but is not a boarder, employee, lodger or tenant of the employee
• Reasonably relies on the employee to provide or arrange care.

What changes may be requested in a flexible working application?

At any time after employment commences, an employee may apply for changes to any of their contractual terms relating to:

• Hours of work
• Times of work
• Place of work.

Examples include seeking part-time hours, homeworking, hybrid working, compressed hours or term time working.

What are the grounds for refusing a request for flexible working?

The permissible reasons for refusing a flexible working request are:

• The burden of additional costs
• Detrimental effect on the ability to meet customer demand
• An inability to re-organise work amongst existing staff
• An inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficient work during periods when the employee proposes working
• Planned structural changes.

However, it is not sufficient to simply attribute refusal to one of these grounds, an employer must be able to substantiate the reason given if challenged.

Additionally, where the request involves a protected characteristic, an employee may be able to challenge refusal of the request under the Equality Act 2010 and the employer will need to be able to evidence that refusal is a proportionate means of achieving a legitimate aim otherwise it risks a finding of discrimination.

The permissible reasons for refusing a flexible working request are:

• The burden of additional costs
• Detrimental effect on the ability to meet customer demand
• An inability to re-organise work amongst existing staff
• An inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficient work during periods when the employee proposes working
• Planned structural changes.

However, it is not sufficient to simply attribute refusal to one of these grounds, an employer must be able to substantiate the reason given if challenged.

Additionally, where the request involves a protected characteristic, an employee may be able to challenge refusal of the request under the Equality Act 2010 and the employer will need to be able to evidence that refusal is a proportionate means of achieving a legitimate aim otherwise it risks a finding of discrimination.

What is a redundancy?

Although a redundancy only technically arises where a definition in the Employment Rights Act 1996 is met, in essence, redundancy arises when an employer’s need for a job no longer exists, work moves to a different location, or an employer needs a reduced number of employees.

What does a fair redundancy procedure involve?

Employers must conduct the redundancy process in a fair manner otherwise any dismissed employees with two years continuous employment will be able to challenge the fairness of their dismissal. The redundancy process must involve genuine consultation, objective selection (where appropriate) and consideration of alternative employment.

Where 20 or more dismissals are proposed at an establishment in a 90-day period, then collective obligations also arise, along with a duty to notify the government using an HR1 form.

If an employee has two continuous years of employment, they will normally be eligible to receive a statutory redundancy payment. Some employers enhance this or offer payments to employees who might not otherwise qualify but will usually require a settlement agreement as a condition of payment.

What does objective selection mean?

Keeping redundancy selection free from discrimination is best achieved using objective non-discriminatory criteria, generally focussed upon the competencies required for the roles remaining.

Employers must take particular care when handling redundancies because while seeking to avoid discrimination against one employee, it is easy to inadvertently discriminate against another. Below are some examples of discrimination featuring in redundancy selection:

• If an employee is selected for redundancy because of, for example, their race, then the decision will constitute direct discrimination.
• If a female employee is selected because, for example, she has childcare responsibilities restricting her ability to work overtime, then this decision is likely to constitute indirect discrimination because the employer is imposing a requirement placing women (who statistically speaking are predominantly the primary carers) with children at a particular disadvantage. An employer can only defend such a criteria if it is a proportionate means of achieving a legitimate aim.
• Taking into account disability absence (or for that matter maternity absence) in redundancy selection is likely to render the process discriminatory.

Legislation supplements these general principles with special rules obliging employers to take specific steps to correct disadvantage. For example, an employer must make reasonable adjustments to remove substantial disadvantage faced by disabled employees, which could mean adjusting a vacancy available for an employee facing redundancy to remove disability related difficulties, such as changing working hours or providing support to enable certain duties to be performed. Additionally, there are special rights for employees facing redundancy who are pregnant or are taking, or have taken, maternity, adoption or shared parental leave.

What special rights exist when seeking suitable alternative jobs for redundant employees who are pregnant or are taking, or have returned from taking, maternity leave, adoption leave or shared parental leave?

There is special protection that means qualifying employees are entitled to any suitable alternative vacancy in preference to other employees if their role becomes redundant.

For pregnant employees, this protection begins once they have notified their employer of the pregnancy and continues until 18 months have passed since the date of childbirth.

For those taking Adoption Leave, the protection is provided throughout the period of statutory leave and then following the return to work until a period of 18 months has passed since the child’s placement or the date that the child entered the UK, as applicable.

For those taking Shared Parental Leave, then if they are taking 6 or more consecutive weeks of statutory leave, but not taking either Maternity Leave or Adoption Leave, then the protection is provided during the Shared Parental Leave and until a period of 18 months has passed since the child’s birth or since the child’s placement or the date that the child entered the UK, as applicable.

What happens if an employer goes further than necessary and favours an employee because of a protected characteristic?

This can constitute discrimination. This potential pitfall is best illustrated by Eversheds Legal Services Ltd v De Berlin, where a male employee was found to have suffered discrimination when selected for redundancy in preference to a female employee on maternity leave. One of the selection criteria assessed the time taken to secure payment for each employee’s work. The male employee was assessed based upon his results, while the female employee received maximum marks because she had been absent on maternity leave.  The Court emphasised that special treatment designed to avoid discrimination, must not favour an employee beyond what is necessary to compensate for the disadvantage. By elevating the female employee too far, the employer committed an act capable of amounting to sex discrimination – the male employee suffered less favourable treatment due to his gender. The Court considered that the employer should have found a less discriminatory way of removing the maternity leave disadvantage, for example, by measuring the performance of both employees at an earlier date when they were on an equal footing.

Employers must conduct the redundancy process in a fair manner otherwise any dismissed employees with two years continuous employment will be able to challenge the fairness of their dismissal. The redundancy process must involve genuine consultation, objective selection (where appropriate) and consideration of alternative employment.

Where 20 or more dismissals are proposed at an establishment in a 90-day period, then collective obligations also arise, along with a duty to notify the government using an HR1 form.

If an employee has two continuous years of employment, they will normally be eligible to receive a statutory redundancy payment. Some employers enhance this or offer payments to employees who might not otherwise qualify but will usually require a settlement agreement as a condition of payment.

Keeping redundancy selection free from discrimination is best achieved using objective non-discriminatory criteria, generally focussed upon the competencies required for the roles remaining.

Employers must take particular care when handling redundancies because while seeking to avoid discrimination against one employee, it is easy to inadvertently discriminate against another. Below are some examples of discrimination featuring in redundancy selection:

• If an employee is selected for redundancy because of, for example, their race, then the decision will constitute direct discrimination.
• If a female employee is selected because, for example, she has childcare responsibilities restricting her ability to work overtime, then this decision is likely to constitute indirect discrimination because the employer is imposing a requirement placing women (who statistically speaking are predominantly the primary carers) with children at a particular disadvantage. An employer can only defend such a criteria if it is a proportionate means of achieving a legitimate aim.
• Taking into account disability absence (or for that matter maternity absence) in redundancy selection is likely to render the process discriminatory.

Legislation supplements these general principles with special rules obliging employers to take specific steps to correct disadvantage. For example, an employer must make reasonable adjustments to remove substantial disadvantage faced by disabled employees, which could mean adjusting a vacancy available for an employee facing redundancy to remove disability related difficulties, such as changing working hours or providing support to enable certain duties to be performed. Additionally, there are special rights for employees facing redundancy who are pregnant or are taking, or have taken, maternity, adoption or shared parental leave.

This can constitute discrimination. This potential pitfall is best illustrated by Eversheds Legal Services Ltd v De Berlin, where a male employee was found to have suffered discrimination when selected for redundancy in preference to a female employee on maternity leave. One of the selection criteria assessed the time taken to secure payment for each employee’s work. The male employee was assessed based upon his results, while the female employee received maximum marks because she had been absent on maternity leave.  The Court emphasised that special treatment designed to avoid discrimination, must not favour an employee beyond what is necessary to compensate for the disadvantage. By elevating the female employee too far, the employer committed an act capable of amounting to sex discrimination – the male employee suffered less favourable treatment due to his gender. The Court considered that the employer should have found a less discriminatory way of removing the maternity leave disadvantage, for example, by measuring the performance of both employees at an earlier date when they were on an equal footing.

There is special protection that means qualifying employees are entitled to any suitable alternative vacancy in preference to other employees if their role becomes redundant.

For pregnant employees, this protection begins once they have notified their employer of the pregnancy and continues until 18 months have passed since the date of childbirth.

For those taking Adoption Leave, the protection is provided throughout the period of statutory leave and then following the return to work until a period of 18 months has passed since the child’s placement or the date that the child entered the UK, as applicable.

For those taking Shared Parental Leave, then if they are taking 6 or more consecutive weeks of statutory leave, but not taking either Maternity Leave or Adoption Leave, then the protection is provided during the Shared Parental Leave and until a period of 18 months has passed since the child’s birth or since the child’s placement or the date that the child entered the UK, as applicable.

Why should an employer provide employment law and HR training to its managers?

Managing people within the law ensures that a business operates efficiently, while creating an appropriate workplace culture.  The cost of disruption caused by absence, poor conduct and under-performance are significant, both in terms of productivity and the impact on colleagues, affecting morale and staff retention. Tackling these problems requires an understanding of how to work within the framework provided by the law to minimise the risk of expensive Employment Tribunal claims.

Additionally, employers are expected to take steps to ensure that their workplace is free of discrimination and harassment, which includes providing suitable training and refreshing that training at appropriate intervals.

Will your training be too legalistic and lack the understanding needed to apply the legal principles effectively in the workplace?

No. We have a long track record of delivering training and feedback consistently comments on our ability to provide practical and relevant guidance in easy-to-understand language. We train delegates ranging from supervisors and team leaders working on the factory floor through to senior executives, Directors and HR professionals, tailoring our approach to the topics being covered and the delegates attending.

Do your training courses encourage participation?

Yes.  We encourage delegates to ask questions throughout the workshop so that relevant issues can be discussed at the time we are dealing with subjects. Additionally, our workshops usually use case studies to encourage discussion of the topics we are featuring, which feedback has shown delegates find both useful and interesting.

No. We have a long track record of delivering training and feedback consistently comments on our ability to provide practical and relevant guidance in easy-to-understand language. We train delegates ranging from supervisors and team leaders working on the factory floor through to senior executives, Directors and HR professionals, tailoring our approach to the topics being covered and the delegates attending.

Yes. We encourage delegates to ask questions throughout the workshop so that relevant issues can be discussed at the time we are dealing with subjects. Additionally, our workshops usually use case studies to encourage discussion of the topics we are featuring, which feedback has shown delegates find both useful and interesting.

Please click here to view details of our Employment Law Pricing Information.