Last edited 06 Nov 2020

Employment Law

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[edit] Introduction

There are 4 main stages to employment relations:

[edit] Legislation and guidance

Guidance notes assist practices to keep up to date with changing regulations

[edit] Nature of relationship

[edit] Employee

  • 'Contract of employment' directly with employer
  • Rights under Employment Rights Act 1996 apply.


  • Long term relationship of mutual trust and respect.
  • Holiday pay.
  • Regular agreed pay.
  • Sick leave pay.
  • Access to pension scheme.
  • Time off to help dependants (emergency only, e.g. death of dependant, child care) Without pay.

[edit] Temporary employee

Similar to an employee, but:

  • Fixed term contract with an end date.
  • Can apply for full time status after 4 consecutive renewals of the same contract.
  • Objective justification for employer to decline.

[edit] Part-time employee

  • Working week/hours defined.
  • Entitled to the same benefits as employee.
  • Employer legally required to consider request - they are not obliged to agree but must have sound business reason for not.

[edit] Agency Staff

Agency Workers Regulations 2010:

  • Principal of equal treatment
  • Right to the same basic working and employment conditions as if engaged directly by hirer.

Onshore employment intermediaries act 2014:

  • Treated as employee for tax purposes. This prevents the end user exploiting as means to avoid paying NI & tax.

[edit] Consultants

[edit] Dismissal

Fair reasons for dismissal S98 (ERA 1996):

Procedures for fair dismissal are outlined in the Employment Act 2008.

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