When we spend so much of our daily lives at work it is not surprising to know that accidents at work are a common occurrence.
Many people will tend to ‘pass off' such accidents perhaps because they fear that by complaining their job might be adversely affected. An employer who disciplines an employee for bringing a claim arising out of an accident at work will be acting unlawfully.
It must be remembered that employers are under a duty to provide a safe working environment. Thus, if your accident is caused by the employer's lack of care, you are entitled to bring a claim to compensate you for any losses you suffer as a result of the accident. It is important that you take advice regarding your accident as quickly as possible (eg has a report been put in the accident book; have you got the names and addresses of any witnesses).
contact Lesley Purveur
If your job is terminated by an employer before the expected date of leaving or retirement, then the employer will have to show that your dismissal is for one of four potentially fair reasons:
• Lack of ability to do the job
• Some other substantial reason (eg you and a close colleague cannot work together).
Even if an employer has a fair reason for dismissal then the procedure used for the dismissal should also be fair.
With so many rules and procedures it is often the case that employers make mistakes. If mistakes are made then compensation is often payable.
Whether you are an employer or employee dealing with a potential dismissal situation you should seek legal advice at the earliest stage. At Larken & Co we have extensive experience of employment law issues.
At times an employer will need to reduce his/her workforce by means of redundancy. This may be because of a need to close down a site or to reduce the size of the workforce because the need for particular types of work has fallen.
If an employer has a genuine redundancy then an employee may qualify for a redundancy payment (in accordance with a set formula) provided the employee has at least two years' continuous service with the employer.
It can be the case that redundancy is not the real reason for dismissal or even if there is a genuine redundancy situation then certain employees have been unfairly selected for redundancy. In such situations it is possible that there will be a claim for unfair dismissal and the higher levels of compensation that go with unfair dismissal cases.
Whether you are an employer or an employee, a contract of employment should be viewed as an essential document to govern the term and conditions of work.
At Larken & Co we want to spend time with our clients, getting to know the client and understanding what terms have been agreed for any contract of employment. In our view this is the only way the contract will properly reflect the parties' intentions. It is all too easy to use a standard form contract but the danger is that this will not reflect what you really meant to agree.
Too often contracts are signed without any thought about what they might really mean until the day a problem occurs. The contract of employment is so important that you really do need proper legal advice.
The law relating to employers and employees constantly changes. Due to the poor behaviour of some bad employers, the Government has introduced new legislation to limit working time, provide time off for emergencies, to allow for 'paternity' leave and new anti-discrimination laws. These are just a few of the changes that have been introduced over the past few years.
Larken & Co has invested in technology to ensure we receive daily updates advising our lawyers not only of new laws, but also of important cases being dealt with by the courts which might affect our understanding of the law.
We are able to advise both employers and employees on the whole employment relationship from the drafting of the contract of employment to what to do if there are problems at work (eg an accident at work) to the end of the employment relationship ie unfair dismissal/redundancy.