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Results: 4 Answers
Labour and Employment
8.
Tips and traps
8.1
What are your top tips for navigating the employment regime and what potential sticking points would you highlight?
 
UK
The employment regime in the United Kingdom is complex. Top tips include the following:

  • Be professional in interviews and do not make personal comments which could be construed as discriminatory.
  • Ensure that the employment contract reflects your agreement with the employee and update it on promotion.
  • Be respectful in your dealings with employees to prevent breaching the implied term of trust and confidence.
  • Have a clear equality and diversity policy setting out appropriate behaviours in the workplace and how employees can complain.
  • Ensure that all members of the workforce understand that jokes and banter could be taken as harassment.
  • Implement workplace policies in a proportionate way to prevent discrimination.
  • Make reasonable adjustments for disabled employees.
  • Do not retaliate against whistleblowers or those who have raised discrimination complaints.
  • Manage employees in their first 18 months of employment: if there are problems, sort them out before they gain unfair dismissal rights.
  • Allow employees to take their paid holiday.
  • Remember that women on maternity leave and those on certain other types of family leave have enhanced rights in a redundancy situation.
  • Work out which of the five fair reasons is applicable to any potential dismissal and follow an appropriate procedure.
  • Give employees notice when terminating employment.
  • Remember that anything written on email or social media is likely to be disclosable in employment tribunal proceedings or if an employee makes a data subject access request.
  • Make a short, clear, objective note of any important meetings; memory is not a good custodian of fact.
For more information about this answer please contact: Alex Lock from DAC Beachcroft LLP