client information sheets

Throughout the life of the employment, terms and conditions are amended and altered to keep up with changing circumstances.  Some changes to minor clauses may go unchallenged, other changes take place by mutual consent.  

The following is a summary of the legal issues that need to be taken into account by any employer who is considering introducing medical testing for substance abuse or alcohol. It should also be of assistance to any employer who already has a policy on testing but who is unsure or concerned about using it.

Employers are under a statutory duty to consider applications by certain employees for flexible working.  The legislation sets out a procedure for employers to follow in the event of an application by an employee, and employees will be entitled to make claims against employers in the event that those procedures are not followed.

Statutory maternity rights were revised in 2008. This guide summarises the statutory rights and the impact of case law on maternity rights.

If you are a recruitment agency or an organisation/business that uses a lot of temporary workers then this information sheet will give you a detailed overview about the rights agency workers will have under new UK and European law proposed to be implemented in 2009-2010

It is illegal to employ someone who has not been granted leave to enter or remain in the UK, who has no right to work in the UK, or no right to do the work being offered. With effect from 29 February 2008, the Immigration, Asylum and Nationality Act 2006 has introduced a new system whereby an on the spot civil penalty can be imposed for employers who have negligently employed an illegal worker. The maximum civil penalty for the employer is now £10,000 for each person illegally employed. It is also a criminal offence for an employer (including its directors, managers or company secretary) to knowingly employ illegal workers, punishable by up to two years' imprisonment and/or an unlimited fine. Directors convicted of this offence may be disqualified from forming or managing a company.

Part-time workers have a statutory right to be treated no less favourably than their comparable full-time colleagues.  Employers must, therefore, ensure that they do not treat part-timers less favourably both to avoid a breach of this right, and in any event, to avoid potential sex discrimination claims due to the higher proportion of part-time workers who are women.

As of 1 July 2007 it is a criminal offence for employers or managers to fail to display the required no smoking signs, for anyone to smoke in a smoke-free place, for employers or managers to fail to stop a person smoking in a smoke-free place.

Since April 1999 all workers in the UK have been entitled to a statutory national minimum wage (NMW). This covers all sectors of the economy, and all companies regardless of their size.

The exposure of employers to prosecution for causing or permitting a person to use a hand-held mobile phone or similar device whilst driving could be extended, if a recent ruling on what constitutes "using" such a device is accepted as a correct interpretation of the law.

Although there is no general legal requirement that an employment contract should be in writing, the law requires employees to be issued with a written statement of their main terms and conditions of employment.