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The claimant was dismissed by reason of gross misconduct and in particular.
An employee was hired on a fixed term contract, however, soon after they were absent on grounds of sickness and the medical certificates submitted indicate a serious mental health issue with sick leave likely to extend for the foreseeable future. A three month probationary period applies to all new employees and no sick pay is given during the probationary period. Can the company dismiss on grounds of capability whilst the employee is absent on sick leave?
Contractual notice is 3 months. An employee gives 2 weeks' notice. What actions can the employer take?
What can I do if employees, who have been with the company for many years, who had not previously signed a contract, refuse to sign one now?
What are the legal requirements when providing references, what are we obliged to do?
When an employee resigns, what does an employer have to pay in respect of holiday pay and benefits? How are these payments affected in circumstances where the employee does not work their notice period?
Can we renew a fixed term contract beyond 4 years, if funding is renewed for a specific project and additional term?
How enforceable are non-compete clauses in an employment contract?
When an employee resigns, does an employer have to pay holiday pay/termination payments based on salary plus extras such as car allowance and mortgage allowance?
As we have to pay redundancy for employees whose term exceeds 2 years are we able to avoid this cost – can we issue contracts for just under 2 years? If contracts are issued purely to avoid the redundancy legislation, would they automatically become unlawful?
In the past we topped up maternity benefit (to the level of normal pay) for staff on maternity leave. However, due to financial constraints we have informed staff that we will not be doing this in the future. A staff member’s representative has written to us stating that this is in contravention of the Equality Act in England and Wales on the grounds that this cost saving measure disproportionately impacts on staff members due to family status. Is this true?