Employers Rights

As any employer can and does tell us, employees have a raft of rights which are often used against the employer. Ask an employer and they will state that employment law is against them, ask an employee and they will tell you the same.

The truth is there is a lot of legislation out there on employment law, creating a big administrative burden on employers, busy focusing on trying to grow a business. In reality, comply with good procedure and act reasonably and generally, save for the highly aggravating fact of wasting time and money on defending employment claims, in pure legal terms, there is little to fear.

So, what rights, if any, do employers have in employment law ?

The following list is non-exhaustive :-

• To require an employee to take his or her holidays when it is convenient for your business
• To make staff redundant if  business levels drop
• To withhold pay from an employee when they are on strike
• To seek your employee’s agreement to opt-out of the 48 hour limit in the Working Time Regulations
• To decline a request for flexible working based on a legitimate business reason
• To discipline and ultimately employees for non-performance or misconduct
• To expect an employee to comply with the implied duty of trust and confidence inherent in any employment contract

We appreciate that, when compared with the rights of an employee the above list is very short. However, we can assist with a full range of employment law advice for employers which is tailored to your business and is aimed at preventing problems. If problems do arise, which they inevitably will from time to time, we offer practical and cost effective help to ease your burden and ensure you do not fall foul of a technicality. If all else fails, we represent employer clients in the Employment tribunal.

Please get in touch with our Head of employment law, David Winston, for any further assistance.