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Advice on Agreeing and Changing Contracts of Employment
This Guide is intended to give general advice and guidance about the main legal considerations which may arise when employers or employees wish to make changes to the contract of employment
Employer-led Early Conciliation
Early Conciliation is available to employers who are dealing with a workplace dispute which could result in a claim being made to the Industrial or Fair Employment Tribunal. The employer's representative can also contact us to request Early Conciliation on the employer's behalf.
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).
Restraint of Trade
Restraint of trade, also known as ‘restrictive covenants’ help organisations to protect themselves against competitors getting access to their confidential or commercially sensitive information.
Collective Conciliation Explained
Collective Conciliation is facilitated or assisted negotiation where an Agency conciliator helps employers and employees (normally via trade unions) to try to reach mutually acceptable settlements of their collective disputes.
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
Statutory Shared Parental Pay (ShPP)
From April 2024 Statutory Shared Parental Pay will paid at £184.03 per week or 90% of average weekly earnings (AWE), whichever is lower.
Mediation Explained
Mediation works by using a neutral Labour Relations Agency mediator to assist parties involved in a workplace conflict or dispute to reach a satisfactory solution to workplace disputes that both sides are able to agree to.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.