Nowhere in the world of commerce does the law present such a plethora of recent legislation as in Employment Law.

Most businesses - all save the very smallest - employ people. All of these businesses are subject to the legislation - and the penalties and sanctions contained therein - there are precious few exemptions.

All businesses must therefore take steps to remain aware of the law, and to keep in compliance.

This page looks briefly at some of the major issues all employers need to consider.

Contracts of Employment

Any employer-employee relationship involves, by definition, a contract between the parties - whether that contract be encompassed in a formal written document or a loosely defined oral agreement.

It is unwise for any employer not to have written contracts with all employees where the rights, duties and responsibilities of both parties are clearly laid out and not subject to conjecture or interpretation.

The first essential then, for every employer, is to have written contracts of employment.

Unfair Dismissal

An employee of more than one year's standing cannot be dismissed, without following a fair and proper procedure: to fail to do so leads to a risk of an unfair dismissal claim.

Any employer contemplating dismissing an employee or employees, for whatever reason, should seek professional advice before taking action - it is, otherwise, so easy to fall foul of the legislation.

Entitlement to Leave

Every employee in the UK is entitled to a minimum of 4 weeks paid annual leave, in addition to public holidays.

Employees who are expectant mothers are entitled to maternity leave, and to continue in their existing job on return from that leave.

In addition parents of young children are entitled to take parental leave and fathers of newborn babies or young children are entitled to take paternity leave.

Discrimination at Work

All employees (and potential employees) are entitled to protection from discrimination on grounds of gender, sexual orientation, race, religion or disability.

It is the employer's responsibility to assure such protection. Not only must the policies of the business be such as to prevent discrimination, but the employer also is normally liable if any of its managers or other employees practices discrimination.

There are no limits on the amount of compensation which may be awarded.

Future Legislation

New legislation is always likely in Employment Law. For example, in October 2006 discrimination on the grounds of age will be made unlawful.

"Right Steps"

The above notes describe very briefly just some of the main areas where employers need to be aware and remain vigilant.

For smaller companies, particularly those without dedicated professional HR personnel, this is not an easy task and we offer our "Right Steps" programme of initial employment "audit" and subsequent on-going advisory service.

For further information please contact Robert Hill, Tony Hatton or Melanie Saville.

Reynolds Parry Jones Solicitors, 10 Easton Street, High Wycombe, Bucks HP11 1NP
Tel: +44 (0)1494 525941 Fax: +44 (0)1494 530701 partners@rpj.uk.com