English Employment Contracts
In England the English Employment Contract is one that is made between an employer and an employee where by the employee would commit to complete a variety of work for the employer. There are two many sections of this type of contract which are when a service i.e work is completed for an employer for a wage and that of someone completing work for a given fee which is regarded in a different category than a wage. Under the 1996 Employment Rights Act an employee is defined by anyone who is within a contract of service to any given employer. When an employee begins work in the United Kingdom they are generally given a contract of employment which in many cases has a three month probationary period encased within it. Once an employee has this contract they will then be protected by many different aspects of the law from issues such as unfair dismissal and harassment in the work place to name a few.
These contracts are put in place to protect both the employer and the employee from many different situations and both parties must keep to the rules of their contract during the duration of the employment of the person in question. Any breach of these terms can lead to many different types of court case where a breach of contract has been caused. An example of this would be if an employee had been in a position within a company for several years and then was sacked unfairly for an offense that they had not committed. The employee would then be able to start proceedings against their former employer for unfair dismissal as long as they have the evidence to support their claim. It would then be up to a tribunal to decide if in fact they have been dismissed unfairly and if so the former employee would be entitled to a varying amount of compensation for mental stress and in many cases loss of earnings.
Another great example of this type of dispute would be if some one had been sexually or mentally abused in regards of bullying within a work place as this again is an issue that should not take place in work. Please review the Discrimination Resource on the Citizens Advice Website. More resources on this subject can be viewed on our UK Employment Law page.
This type of offense can cause great distress to the plaintiff and have a huge impact on their lives where they are unable to work or function properly in their every day lives. In cases like this it would be quite normal for the case to be taken before a tribunal and then compensation being given to the injured party if all the facts presented confirmed their claims. Each year we now see more and more claims of this type going before tribunals than ever before as for years before this facility was available to them the plaintiff would have found it very difficult to claim against their employers and would have had to suck it up and move to another job.
Factors like this that happen at work can be very distressing for those involved and can command great amounts of compensation as it has the affect of causing great disruption to the person’s lives. Not only will they be unemployed for a certain period of time but also have to deal with the mental stress of returning to the same type of working environment which can bring it all back within minutes. A recommended Resource that is free of charge to use in the UK is the Official Citizens Advice Website, they have a dedicated section to Work Advice, in addition the London Skills and Employment Board offer additional employment related resource of interest.
This is why large sums are dealt out to people who have suffered a great deal and are unable to return to the work they are trained for which will then require then to complete additional training in another profession. This of course will have a large amount of cost entailed within it as well as the time involved with doing so and this is why this type of case can command such a high amount of compensation.