Employment Law: What You Need To Know

Ideally, employment law regulates the working relationship between employers and employees. So, it protects these two parties. However, there must be a clear description of an individual's working status for this law to apply. Businesses can hire an expert as an independent contractor or a full-time or casual employee. But will the three workers be treated the same in the event of a dispute with the same employer? The answer is a No! Keep reading to understand more about employment law and other laws in the UK.

Extra information about employment law

Different Types of Law

Law is broad, but it's broken down into distinct divisions to make it easier to handle various legal matters. That's why there are multiple lawyers out there with different areas of specialization. Some have specialized in banking law, constitutional law, alternative dispute resolution, environmental law, contract law, employment law, family law, corporate law, human rights law, public law, criminal law, insurance law, to mention a few.However, let's focus on today's subject- the employment law.

What To Know About Employment Law

Ranking among the top states in the world with the best legal framework in protecting worker's rights is a credit, but it makes no impact if these individuals don't understand their rights. As an employee, you have some level of defense, but remember, this law has its limits. It's designed to protect your employer too. The UK federal government aims to ensure fairness for all parties involved. 

How Does It Protect Both Parties?

You have to be employed for the employment law to take effect. But businesses have to take caution before they determine if to confirm you as their employee. Some choose to hire independent contractors who are not covered under employment law, while others opt to have direct workers under various levels of employment agreements.They avoid entering into an employment contract with rogue employees by placing them on probation first to gauge their capability to perform and fit into the company's culture and values. During this trial period, the law allows the employer to dismiss you if they find you unfit to work in their organization. But the same law allows you to file a claim for unfair dismissal if you're discharged unjustly by an employer you've been working with for two years continuously.

What Is Considered Unfair Dismissal?

During dismissal, your employer will describe the reasons for terminating your contract. Some may be beyond your control or have nothing to do with your capabilities. Others may be the company's cause. For instance, you might have suffered a work-related injury affecting your performance or productivity. You can analyze these reasons, and with consultation with a lawyer, file a dispute if you believe you've been dismissed unfairly. The employment tribunal will evaluate the terms of your termination versus your contentions and give their verdict. They may consider the dismissal as unfair or constructive.

What Is Constructive Dismissal?

It's when the employer is found guilty of breaching the terms of your working agreement. Meaning, you can decide to resign and file a claim for constructive dismissal.

Employment Contract Explained

Also known as a contract of employment, it is a legal agreement between an employee and employer stating that the employee will receive financial remunerations for the services rendered to the employer. While the law advocates a written agreement, you don't necessarily need a written employment contract to be protected.Verbal agreements are also recognized under employment law. But to be on the safe side, it is vital to seek a written employment contract from your employer as it serves as evidence in the event of disputes.

Conclusion

Employment law is complicated. So, whether you are an employer or employee, seek the advice of an experienced attorney who specializes in this type of law before taking any legal actions. It'll protect you from making decisions that might turn out costlier or ruin your reputation.