An employer or employee may wish to change the terms and conditions within the contract of employment. For such changes to be lawful they should be agreed between the parties otherwise an enforced change could potentially amount to a breach of contract. Guidance on varying a contract of employment is available in the Agency’s Advisory guide, which can be accessed using the link below.
Individuals who pursue claims at the Industrial Tribunal for disingenuous reasons, such as to harass or annoy an employer are at risk of having their claim struck out and being ordered to pay Costs to the Respondent for their vexatious act.
An employer can be held to be vicariously liable (as if they had committed the act themselves) for the actions of an employee if they were carried out in the course of employment. For example, an employer could potentially be held to be vicariously liable for an act of discrimination by one employee towards another. An employers defence in such an instance is to show that they took all reasonable steps to avoid such acts occurring, for example, having clear policies and procedures and once they become aware of such an act, deal with it.
The Agency’s Workplace Information Service is available to employers, employees, trade unions and others. Workplace Information Service advisors provide information and advice on a wide range of employment matters. The Workplace Information Service is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Workplace Information Service provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.