Frequently Asked Questions

Employment Law Services FAQs

  • What to do if your employer is breaking the law

    If you believe your employer is breaking the law, document the evidence and raise the issue internally through a formal grievance process. If this doesn’t resolve the issue, you may contact an employment solicitor or approach bodies like ACAS or the Employment Tribunal for advice and possible action.

  • What are the employment laws for 15-year-olds?

    In the UK, 15-year-olds are considered young workers and are subject to specific restrictions. They can work part-time, but not in a factory or industrial site, and there are limits on the hours they can work during term time and holidays. They also cannot work before 7 am or after 7 pm.

  • What is redundancy in employment law?

    Redundancy occurs when an employer needs to reduce their workforce because a job or jobs are no longer necessary. Employees selected for redundancy must be chosen through a fair process and are typically entitled to redundancy pay, notice, and consultation.

  • What are the employment laws?

    UK employment laws cover a range of areas including discrimination, dismissal, redundancy, maternity and paternity rights, holiday entitlements, and minimum wage regulations. These laws aim to protect both employees and employers in the workplace.

  • How do employment laws protect employees?

    Employment laws protect employees by setting minimum standards for safety, health, and fairness in the workplace. These laws prevent discrimination, ensure fair pay, and provide rights for grievances and dismissals, helping to create a balanced and fair working environment.

  • How does employment law affect businesses?

    Employment law affects businesses by requiring them to adhere to regulations that ensure fair treatment of workers. Compliance is crucial as non-adherence can lead to legal disputes, penalties, and damage to reputation. These laws also guide businesses in managing their staff appropriately.

  • What are employers’ responsibilities under law?

    Employers are legally responsible for providing a safe working environment, paying employees at least the minimum wage, ensuring contracts and terms are clear and fair, and preventing discrimination and harassment in the workplace.

  • Why was employment law created?

    Employment law was created to provide a fair and safe working environment for employees, to protect them from unjust treatment, and to regulate the relationship between employers and employees. This helps in ensuring economic stability and fairness in the workplace.

  • Can your employer reduce your salary?

    An employer cannot legally reduce an employee's salary without consent. Changes to salary must be agreed upon by both parties. If salary reductions are necessary, employers must consult with employees, or their representatives and any change should be reflected in the contract.

  • How much does it cost to employ someone?

    The cost of employing someone includes not only their salary but also employer National Insurance contributions, pension contributions, potential training costs, and other benefits or bonuses that may be offered. Employers should also consider administrative costs associated with hiring and payroll.

UK Employment Contracts FAQs

  • What is an employment contract in the UK?

    An employment contract is a legally binding agreement between an employer and an employee, outlining the terms and conditions of employment. It covers aspects such as pay, working hours, and job responsibilities. Catherine Herries-Smith Solicitors provides expert advice on drafting and reviewing UK employment contracts to ensure they are compliant with the law and fair to both parties.

  • Do all employees need a written employment contract in the UK?

    While a written contract is not legally required, UK employers must provide a written statement of terms and conditions within two months of the start of employment. Catherine Herries-Smith Solicitors can assist in creating comprehensive written contracts that protect both the employer and employee.

  • What should be included in a UK employment contract?

    A UK employment contract should include the job title, duties, salary, working hours, holiday entitlement, and notice period, among other terms. Catherine Herries-Smith Solicitors specialises in drafting thorough and legally sound employment contracts tailored to your specific needs.

  • Can an employment contract be changed after it is signed?

    Yes, but changes to an employment contract must be mutually agreed upon by both the employer and the employee. Catherine Herries-Smith Solicitors can provide guidance on how to legally modify contracts and ensure that any amendments are properly documented.

  • What happens if an employment contract is breached?

    A breach of contract occurs when either party fails to comply with the agreed terms. This can lead to legal disputes and potential claims. Catherine Herries-Smith Solicitors offers expert legal advice and representation in cases of contract breaches, helping to resolve issues effectively.

  • Can an employee be dismissed without notice under a UK employment contract?

    An employee can be dismissed without notice if they have committed gross misconduct, such as theft or violence. However, this must be clearly stated in the employment contract. Catherine Herries-Smith Solicitors can help employers draft contracts that include the necessary provisions for fair and lawful dismissal.

  • What is a probationary period in an employment contract?

    A probationary period is a trial period at the beginning of employment, allowing the employer to assess the employee's suitability for the role. During this time, the contract may include different terms regarding notice periods and benefits. Catherine Herries-Smith Solicitors can help structure probationary periods that are fair and effective.

  • How are fixed-term employment contracts different from permanent contracts?

    Fixed-term contracts are for a specified period, ending automatically when the term expires, while permanent contracts continue until either party terminates the agreement. Catherine Herries-Smith Solicitors can help you understand the legal implications of both types of contracts and ensure they are correctly drafted.

  • What are restrictive covenants in a UK employment contract?

    Restrictive covenants are clauses that limit an employee's actions during and after employment, such as non-compete or non-solicitation clauses. These must be reasonable and necessary to protect the employer's interests. Catherine Herries-Smith Solicitors provides expert advice on enforcing and challenging restrictive covenants.

  • What is the notice period in an employment contract?

    The notice period is the amount of time either party must give before ending the employment relationship. It varies depending on the contract terms and the employee's length of service. Catherine Herries-Smith Solicitors can advise on appropriate notice periods and ensure they are legally compliant.

  • Can zero-hours contracts be used for regular employment in the UK?

    Zero-hours contracts allow employers to hire staff with no guaranteed hours of work, offering flexibility but often less job security. Catherine Herries-Smith Solicitors can guide you on the legal considerations of using zero-hours contracts and ensure they meet the necessary regulations.

  • How can I resolve disputes over an employment contract?

    Disputes over employment contracts can often be resolved through negotiation or mediation. If this fails, legal action may be necessary. Catherine Herries-Smith Solicitors offers expert legal representation in employment disputes, helping to achieve a fair resolution for both employers and employees.

Employee Mediation FAQs

  • What Is Employee Mediation and How Does It Work?

    Employee mediation is a voluntary process where a neutral third party helps resolve workplace disputes. Herries-Smith Solicitors facilitates mediation between employers and employees to find mutually agreeable solutions without the need for litigation. Mediation aims to maintain working relationships and create a harmonious work environment.

  • When Should I Consider Employee Mediation?

    Employee mediation is ideal when workplace conflicts, such as disputes over performance, interpersonal issues, or grievances, arise. Herries-Smith Solicitors recommends mediation as an early intervention before conflicts escalate, as it offers a faster, more cost-effective solution than legal proceedings.

  • How Does Employee Mediation Benefit My Business?

    Employee mediation helps businesses by resolving disputes quickly, reducing legal costs, and preventing workplace disruption. Herries-Smith Solicitors highlights that mediation preserves employee relationships, leading to a more positive working environment, improved morale, and enhanced productivity.

  • What Is the Role of a Mediator in Employee Mediation?

    A mediator is a neutral facilitator who helps both parties communicate effectively and work towards a resolution. Herries-Smith Solicitors provides experienced mediators who listen to both sides, encourage open dialogue, and help identify common ground. The mediator does not take sides but guides the conversation to foster cooperation and understanding.

  • Can Employee Mediation Prevent Employment Tribunals?

    Yes, employee mediation can help prevent employment tribunals by resolving disputes early and informally. Herries-Smith Solicitors offers mediation services that aim to resolve issues before they escalate to formal legal action, saving time, money, and stress for both parties involved.

  • What Happens if Employee Mediation Fails?

    If mediation does not result in a resolution, other options such as arbitration or legal action may be considered. Herries-Smith Solicitors ensures that mediation is conducted professionally, and if no agreement is reached, we can advise on alternative legal strategies, including pursuing claims through an employment tribunal.

  • How Long Does Employee Mediation Take?

    The length of employee mediation varies depending on the complexity of the dispute. Herries-Smith Solicitors typically conducts mediation sessions over the course of one or two days. However, more complex cases may require additional sessions to reach a satisfactory resolution.

  • Is Employee Mediation Legally Binding?

    Mediation agreements are not automatically legally binding, but if both parties agree, the terms can be formalised into a legally binding contract. Herries-Smith Solicitors can assist in drafting these agreements to ensure they meet legal requirements, offering peace of mind for both parties involved.

  • How Can Employee Mediation Improve Workplace Relationships?

    Employee mediation focuses on resolving conflict through open communication, allowing both parties to express their concerns in a controlled environment. Herries-Smith Solicitors uses mediation to help rebuild trust, reduce tension, and create long-lasting solutions that improve team dynamics and workplace relationships.

  • Why Choose Herries-Smith Solicitors for Employee Mediation?

    Herries-Smith Solicitors offers expert employee mediation services, providing experienced mediators who are skilled in conflict resolution. We aim to resolve workplace disputes quickly and fairly, helping both employers and employees reach amicable agreements. Our personalised approach ensures that every mediation is handled with care and professionalism.