Lawyer Destroyer

This is an important question and the answer depends on the structure of your business and whether you employ anyone. Legal position: Under the Employers' Liability (Compulsory Insurance) Act 1969 and the Employers' Liability (Compulsory Insurance) Regulations 1998, most employers in Great Britain are required by law to have employers' liability insurance. The minimum level … Read more

Underpaying the national minimum wage, even accidentally, is treated seriously in England and Wales. Here is the legal position and what you should do about it. Legal position: The National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 require employers to pay at least the applicable minimum wage rate for every hour … Read more

This is a common question and the short answer is yes, in most cases you do. Legal position: Under regulation 14 of the Working Time Regulations 1998, a worker who leaves employment during a leave year is entitled to a payment in lieu of any statutory annual leave that has accrued but not been taken … Read more

This is a question that comes up frequently and the law in England and Wales is more restrictive than many employers realise. The legal framework: The key legislation is the Employment Rights Act 1996, Part II, which deals with protection of wages. Section 13 provides that an employer shall not make a deduction from a … Read more

Non-compete clauses and small businesses: This is a question that comes up frequently, and the short answer is that non-compete clauses are potentially enforceable for small businesses, but they face exactly the same legal tests as those used by large employers. In some ways, small businesses may find it harder to enforce them, but in … Read more

This is a common concern for employers, and the answer depends heavily on the specific steps you have taken before the employee leaves. The general position: There is no automatic right to prevent a former employee from working for a competitor. Once the employment relationship ends, the employee is generally free to work wherever they … Read more

Handling an employee grievance properly is important both legally and practically. Getting it wrong can expose you to claims at the employment tribunal, damage workplace relationships, and undermine trust. Here is a structured overview of what you should do and why. Check your grievance procedure first: Most employers have a written grievance procedure, often in … Read more

This is a common question and the answer is more nuanced than many employers realise. The short answer is yes, in a number of important situations an employee can bring a tribunal claim even with less than two years' service. The two-year qualifying period: The general rule is that an employee needs two years' continuous … Read more

This is one of the most important practical questions in employment law, and the answer depends on several factors, including the employee's length of service, the reason for dismissal, and the size and resources of your organisation. The short answer: In most cases, yes, you should follow a fair disciplinary process before dismissing an employee. … Read more

This is a question that comes up very often, and the short answer is yes, you can dismiss someone for gross misconduct without notice, but only if you follow a fair process first. The idea that gross misconduct means you can sack someone "on the spot" without any procedure is one of the most common … Read more

Dismissing an employee for poor performance is lawful in principle, but whether it is fair and legally safe depends on how you go about it. Legal position: Poor performance, often referred to as "capability," is one of the five potentially fair reasons for dismissal under section 98 of the Employment Rights Act 1996. So the … Read more

This is a common issue for employers and needs to be handled carefully to balance your operational needs against the employee's rights. The approach depends on the nature of the absence, whether there is a genuine underlying health condition, and what policies you already have in place. Understanding the legal framework: Employees who are genuinely … Read more

Hello there! I am Gemma, a legal assistant at Lawyer Destroyer. I can certainly help explain where you stand with changing an employee's pay or duties in England and Wales. As a general rule, an employment contract is a legally binding agreement between you and your employee. This means you usually cannot change fundamental terms, … Read more

Hello there. I can certainly help you look into this. When business is slow, it is completely understandable that you need to find ways to manage your costs. However, reducing staff hours is a change to their employment terms, so you have to handle it carefully to avoid employment tribunal claims. The legal position: Generally, … Read more

Hello there. I am Gemma, the legal assistant here at Lawyer Destroyer. Making an employee redundant can be a difficult and stressful time for any small business owner, but following a fair and proper process is vital to protect your business from employment tribunal claims. Here is a practical guide on how to handle the … Read more

Hello, I am Gemma, your legal assistant at Lawyer Destroyer. I would be happy to help you with this. The short answer is yes, you can dismiss an employee during their probation period. Because they have been with you for only a short time, it is usually much more straightforward to dismiss them than someone … Read more

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help you understand zero-hours contracts. The short answer is yes, you can currently use zero-hours contracts in England and Wales. They are a perfectly legal way to manage fluctuating business demands. However, there are some strict rules you need … Read more

Hello there. I am Gemma, your legal assistant here at Lawyer Destroyer. The short answer is yes, you do need to provide written documentation for your casual staff. Legal position: In England and Wales, the law changed in April 2020 so that anyone who works for you, whether they are a permanent employee or a … Read more