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Practical employment law information to support your business, from Clover HR

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Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Resolving commercial disputes - checklist

 

Commercial disputes can quickly escalate and become costly in terms of time and expense. This checklist will help you handle disputes with the aim of resolving them.

  • Review what was agreed, and how clear the agreement was. Clarify how the other party has failed to live up to the agreement. Consider to what extent you may have contributed.
  • Assess the loss you have suffered as a result and consider any loss they may claim to have suffered.
  • Collate evidence (eg written contracts, correspondence and witness statements).
  • Try to negotiate an amicable resolution. Keep evidence of negotiations including copies of letters and notes on conversations.
  • Follow any alternative dispute resolution processes outlined in your contract before pursuing legal recourse.
  • Remind the other party of your right to charge interest on late payment.
  • Assess the other party?s ability to pay, for example by running a credit check (including records of outstanding county court judgments).
  • Take legal advice unless the dispute is straightforward, represents a relatively small amount and runs no risk of a significant counterclaim.
  • Assess whether you have a strong case - how clear the legal position and evidence are - and the risks of a counterclaim or losing in court.
  • Clarify the costs and timescales involved in taking the recommended form of legal action; decide whether it is worth pursuing.
  • Consider how far you are prepared to compromise either by accepting stage payments or partial payment for a quick resolution.
  • Either abandon the claim or inform the other party in writing of your intention to take legal action. Follow the appropriate procedure.
  • Track progress and legal costs as the case proceeds.
  • Continue to be prepared to compromise; accept any reasonable offer to avoid further delays and disruption, and the risk of court action.
  • After a successful court case, be prepared to enforce judgment to obtain payment.

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