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05 August 2021
Wrongful dismissal is a dismissal in breach of contract, it is not a statutory claim. Fairness is not an issue: the sole question is whether the terms of the contract, which can be express or implied, have been breached. The employee will have a claim in damages if the employer, in dismissing them, breached the contract and caused them loss. A wrongful dismissal claim may arise out of an actual or constructive dismissal. Types of wrongful dismissal claim The following types of breach of contract are often involved in claims for wrongful dismissal: Breach of a notice term, whether express or implied. Termination of a fixed-term contract or a "specific task" contract…

29 July 2021
Here is a  list of very important requirements that need to be included in a contract of employment. This checklist provides a series of questions which will help highlight important points required.  Parties Names and addresses of the employer and the employee. Is the employer part of a corporate group? Is the employer an employment business (that is, is the employee an agency worker)? Commencement of employment Date when the employment began or will begin. Date on which the employee's period of continuous employment began or will begin (if different from above). Does any employment with a previous employer (or the same employer after a break…

20 July 2021
Differences between an employee and a self-employed contractor? There needs to be a distinction between the 3 categories of employee, worker and self-employed independent contractor. Employers and employees have obligations that are implied into the contract between them (for example, the mutual duty of trust and confidence). Some core legal protections only apply to employees, most particularly the rights on termination of employment granted under the Employment Rights Act 1996. However, workers are also covered by some important protections including in relation to working time and the minimum wage.  Only employees are covered by the Acas Code of Practice on…

14 July 2021
What is the contractual position of this? Can these terms be changed? Are there any health and safety concerns? Contractual rights:  Employers must first look at any contractual rights to work from home if you are responding to a proposal by your employer to work form home. Due to covid these temporary changes to the terms have been implemented to cover the lockdown period, allowing for individuals to work from home. Ad hoc work environments have also been introduced. To implement working from home arrangements, a written agreement may have been written or an exchange of emails from the…

07 July 2021
Should zero hour workers be included in a consultation where an employer needs to restructure the business and as a result will have to change terms and conditions of the employees employment contract with regards to sick policy and maternity policy? If the changes to terms and conditions are as a result of a reorganisation which may result in redundancy dismissals, then an employer's obligations to consult in this situation in order to avoid making unfair dismissals applies to employees rather than workers, as defined in section 295 of TULRCA. However, while the collective consultation obligations under TULRCA only apply to employees, the ECJ has held…

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excello law partners employment lawyers londonPartners Employment Lawyers is not a firm of solicitors. Members or Partners Employment Lawyers are consultants at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 512898 https://excellolaw.co.uk/