Employment advice for you
and your business
Wiltshire’s leading employment law specialists
Employment law, Management & Business advice
Effectively using engagement and procedures
to resolve workplace disputes
Employment law can be a potential minefield and an area of law subject to constant change. Litigation is not only costly, but can be a major distraction. Difficult situations are sometimes unavoidable which is why getting the right advice from the start is paramount.
Our team has a proactive, can-do, approach to employment matters. Our aim is to support you in running your business and provide you with tailored, comprehensive and practical advice. We are not here to tell you what to do, but to help you to make things happen, how and when you want.
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The Goughs approach to employment law
We listen to our clients and provide creative outcomes to any employment situation. Our refreshing and innovative approach will ensure that you have the information you need to make the right commercial decisions for your business and your people.
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Well in a nutshell:
Firstly, the employee should raise the grievance in writing.
The employer should hold a meeting and investigate the complaint. At the meeting the employee is legally entitled to be accompanied by a fellow work colleague or a trade union representative if they are a member of a union.
The employee should be given sufficient time to discuss the nature of their grievance, and if appropriate the meeting should be adjourned for further investigations to take place.
After the grievance has been fully investigated a further meeting should be held to enable the employer to communicate its decision; this should also be followed up in writing. If the employee remains unhappy, they have a right of appeal.
Contracts go far beyond the legal necessity, they provide protection and peace of mind to all parties so everyone knows where they stand.
Redundancy pay is calculated based on the employees length of service and age. The length of service is capped at 20 years. The weeks pay is also subject to a statutory cap, which usually increases annually.
Subject to a statutory act and the definition of ‘a weeks pay’ an employee gets:
- 1.5 weeks pay for each full year of employment after their 41st birthday
- a weeks pay for each full year of employment after their 22nd birthday
- half a weeks pay for each full year of employment up to their 22nd birthday
Courts and Tribunals have long recognised the rights and needs of a business to reorganise and restructure. Such reorganisation could include a reduction in staff, changes to terms and conditions, or perhaps a change in the way an item is produced.
If an employee refuses to go along with a business reorganisation then in certain circumstances an employee can be fairly dismissed.
Find out more by visiting our frequently asked questions or get in touch with a specialist employment lawyer today.
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