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Employers have various commitments to their employees when it comes to managing them and their affairs. The following sections deal with the principal areas for consideration by both employers and employees.
Employers have extensive obligations to safeguard the health of all of their employees. These include:
For more information, see the Health & Safety Executive website.
An employee may at some point during his/her employment have a grievance with his/her employer about action which the employer has taken or is contemplating taking in relation to the employee.
There are two statutory procedures, the standard grievance procedure and the modified grievance procedure. Where an employee has a grievance that could form the basis of an employment tribunal claim, one of these procedures should be followed. All employers should put in place a grievance procedure to deal with complaints by employees and may incorporate the steps contained in the statutory grievance procedures into their own internal grievance procedures.
The steps involved in a standard statutory grievance procedure are as follows:
Where the employee has left employment the parties may use the modified grievance procedure. This comprises the following steps:
If the employer has requested the employee to attend the grievance procedure meeting, a worker will normally have the right to be accompanied by a colleague or trade union official.
Employers have a duty to protect the personal and sensitive information of their employees. However, employers are allowed to process their employees’ data for internal administrative purposes. Information must be processed fairly and lawfully. For more information, see the website of the Information Commissioner’s office.
It is unlawful for employers to treat part-time workers less favourably than comparable full-time workers in their terms and conditions of employment, unless different treatment can be objectively justified (Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000). It is also unlawful for employers to treat fixed-term employees less favourably than similar permanent employees, unless different treatment can be objectively justified.
Gareth Edwards is a solicitor in the Employment Department of Reynolds Porter Chamberlain LLP.