The Law at Work: Key Aspects to Be Aware Of

Most people don’t think about it, but from more minor disputes to serious matters you might encounter at work, it’s very important to take the time to familiarise yourself with how the law can protect you. 

Employment laws are designed to resolve issues as fairly as possible and to ensure all involved are treated with the respect they deserve. However, if you’re completely unaware of how the law works with whatever particular situation you find yourself in, learning what to do on the fly can be extremely stressful. 

In other words, it pays to be prepared. In this article, you’ll learn some of the fundamentals to get you up to speed. 

Your Contract

One of the most important documents you have so far as your rights at work is your contract – and it’s matters involving these terms that make up a large portion of disputes. 

Your contract is more than just your terms for getting paid and documentation of your working hours: there are always company-specific policies involved that you’ll want to familiarise yourself with, such as rules on absence and sick leave, disciplinary and grievance procedures, data protection information, and the health and safety policy. Each of these elements may be vitally important following any disputes, so make sure you know your contract back to front. 

Another aspect of your contract to be aware of is any implied terms. These points outline elements that are not explicitly covered, such as matters of trust between employer and employee and the more ethereal elements that govern a strong working relationship.

On Unfair Dismissal

If you’re a longstanding employee at a company, it’s important to remember that an employer cannot dismiss you for any reason he or she deems fit. You have rights, and this is where the idea of unfair dismissal comes into play. 

Anyone working in the UK is protected under the Employment Rights Act of 1996, which states that if an employee has been working continuously for two years, there has to be a fair reason if their position is terminated. 

There are several reasons that are considered ‘fair’, including poor performance, misconduct, breach of statutory restrictions, and more. 

The law is also relevant in the events leading up to an employees termination. They have to have been given fair warning about any issues that arise, for example, and if they feel they’ve been treated unfairly, they have the right to take it to an employment tribunal. 

Discrimination in the Workplace

Unfortunately, one of the most common workplace disputes happens over issues to do with discrimination – and these issues can be particularly exhausting for the affected individual. 

‘Discrimination’ is quite a broad term, but essentially, it refers to treating someone negatively regarding a selection of ‘protected characteristics’, which include age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation. In the U.K., discrimination is illegal under the Equality Act of 2010. The law protects employees from this sort of occurrence, and employers are required to take action to ensure the working environment has zero tolerance. Exactly how this is implemented can differ between organisations, but failure to have something in place and address issues promptly if they arise can absolutely lead to an employment tribunal. 

Make sure to familiarise yourself not only with your what your contract states regarding these matters, but be sure to also ask your boss (or future employer if you’re starting a new job) to clarify their policies to you face to face. Beyond that, take a read of the official documentation relating to the Equality Act to learn about the full scope of the law. 

Issues That Can Arise with Health and Safety

A particularly important area regarding the law at work is health and safety. Accidents are more common than you might initially think, with nearly 600,000 people a year sustaining some sort of work-related injury.

Your employer has a legal obligation to make the working environment as safe as possible: The Health and Safety at Work Act of 1974 dictates regular risk assessments and rigorous adherence to a set of health and safety standards. It also stipulates that appropriate training be required for all staff, and of course, the nature of this sort of training (as well as the severity of the risks) are different depending on the organisation. 

As you can imagine, failure to properly implement health and safety procedures and protocols can result in some of the worst possible situations at work. Make sure you’re well aware of your workplace’s procedures so that you can do your best to prevent your own accidents and those of others, and if something does happen that wasn’t your fault, know that the law is on your side.

The Importance of Employment Solicitors

Finally, another thing to be aware of on this topic are the benefits of employment law solicitors. You can definitely learn a lot on your own, but if you are unfortunate enough to find yourself facing such a problem, getting someone on board who knows the law inside out is essential. 

This sort of professional can offer guidance on the entire spectrum of issues in this realm, such as going through and properly explaining your rights as they pertain to any of the laws outlined above, and defending your right to challenge unfair treatment. They’re there to assess cases of unfair dismissal, claims of discrimination, and breach of contract, cross-referencing them against the established legislation to cut through the minutia and deal with the situation with the facts. 

If your case ends up going to an employment tribunal, an employment solicitor is absolutely essential; their knowledge can make the difference between you winning the claim or not, exponentially improving your chances of a favourable outcome. 

Wrapping Up

Hopefully, you now have a decent idea of the law surrounding your employment. Again, its going to be different for each place you work, but having a rigorous understanding of the basics will put you in good stead no matter the situation.