Wednesday, December 26, 2012

How To Deal With Wrongful Termination

It would be unwise to underestimate the devious mind of a person who has criminal intent. Though we may like to believe that those people we surround ourselves with are all of a high morale character, the truth can be rather different.

There are a number of precautionary steps that an employer can take in the employee injury prevention process. For those who work in offices, the prevention would be less complex; checking the fire and sprinkler systems, the walkways are kept clear, surprise emergency drills are given and CPR lessons can be offered. If an employee notices that something may be faulty, they should inform their direct supervisor or manager immediately.ly.


Apart from the severance pay, your attorney would be able to evaluate whether you were getting additional benefits like health insurance coverage, access to pension accounts, unused vacation pays, and so on. Getting a qualified attorney specializing in negotiation, to ensure a fair package for your severance, is the most important factor.

UK Employment Laws that govern compensation of employed personnel include National Minimum Wage Act, ratified by the parliament in 1998 and the National Minimum Wage Regulations Act. These employment acts are updated on an annual basis and specify the minimum wage for all labor classes under an employment contract. The employment contract between a worker and his employer need not be a formal document; oral employment contracts and implied employment contracts also come under the ambit of these legislations.

If both employees and employers follow these simple steps in tandem with each other it will help to foster a more meritocratic, ability based workplace. The clear outlining and following of procedure on both parts will also ensure that cases that are clearly unfair can be flagged up and dealt with quickly.

The above reasons are all considered a fair reason for an individual to be made redundant. The practice of 'bumping', whereby someone is made redundant and then given another employees job thereby making that employee redundant, is technically fair but much harder to justify.

Claims of breach of contract can be mitigated against by the careful writing of such a document. If the contract can be made as clear and precise as possible this will help to eliminate confusion. Employers should make their employees aware of what is expected from them both and how they hope this can be achieved. Making sure that the company has a strong set of internal procedures for dealing with difficult claims and making employees aware of these processes will help to inspire confidence and an attitude that problems can be dealt with through in-house consultation and agreement.

The general rule of redundancy pay is that if you are under 22, you should receive at least half a weeks pay for each year that you were employed. If you are aged between 41 and 22 this amount goes up to a full weeks pay for each year worked. If however, you are aged 41 and above then you are entitled to one and a half times your weekly wage fro each year that you have worked for the company. These payments are tax-free up to the amount of 30,000 but if you receive any accrued holiday pay as part of your redundancy package, this is taxable. There is a 'redundancy pay calculator' on the government directGov website.

It is a basic right of any employee that they should be free from arbitrary and unfair dismissal in their place of work. If an employee thinks that either the reason they were dismissed or the process that was used was inappropriate or unfair then there are a number of steps they can take to gain compensation.

At this point the employee can decide to take their claim higher up to an Employment Tribunal. A claim of unfair dismissal must be lodged with the Tribunal within three months of the dismissal and the employee must be able to prove they were dismissed for a reason, or through a process that was unlawful or unfair. If the tribunal rules in their favour then the employee might receive compensation of up to 65,300 or be reinstated in their former position or given another position within their former company. If the employer can be found to have not followed the appropriate ACAS guidelines then this compensation may be increased.

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