Legal obligations

Legal obligations on Employers

  • Not to unfairly dismiss (normally two years’ service)
  • Provide statement of terms of employment
  • Statutory minimum notice
  • Statutory maternity/paternity/adoption pay
  • Statutory redundancy pay
  • Mutual obligation of trust & confidence
  • Transfer of Undertakings (Protection of Employment) ­ potentially workers too
  • Employer vicariously liable for Employees
  • Health & Safety duties

Legal obligations: hiring Workers

When hiring workers you do not have the same obligations as you do towards employees.
Effectively, you have a lesser burden of legal obligations.
N.B. The obligations owed towards workers also apply to employees!

  • Working Time Regulations ­ including paid annual leave; rest breaks; weekly hours cap
  • National Minimum Wage
  • No unauthorised deductions from wages
  • Protected disclosures ­ not to cause detriment
  • Discrimination and/or Less Favourable Treatment (other than in relation to fixed-term working)
  • Pensions Auto-enrolment ­ “jobholders”

Legal obligations: contracting the self-employed

  • Protection from Discrimination in the workplace if employed under a contract of employment, a contract of apprenticeship or a contract personally to do work
  • Occupiers’ Liability
  • Breach of Contract claim ­ in civil courts

Legal obligations specific to Employees

  • Mutual trust & confidence
  • Fidelity (faithfulness)
  • Possibly Fiduciary (upmost good faith)
  • Implied Confidentiality (trade secrets)
  • Auto-assignment of Intellectual Property Rights