Employment law protection

Published: 01 July, 2007

As all employers will know, the sheer raft of legislation that businesses have to deal with has increased substantially in recent years. Whether so much is needed is debatable. What does seem to be agreed on is that, for many employers, it can feel like walking through a minefield.

The momentum for legislation to govern how employers should treat their workers continues to gather pace and shows no signs of slowing down. This year alone has so far seen an extension of employees' rights in the field of sex and religious discrimination, maternity laws and the right to request to work flexibly. Smoking in public places, including work environments and pool cars, will be banned in England as from July, changes to bank holiday entitlements come into place as from October. Next year is likely to see an extension to the paternity laws to allow fathers to take longer paid time off work of up to

Keeping on top of current changes whilst trying to actually run a business is certainly becoming more difficult and timeconsuming. Many are concerned about the cost of seeking legal advice to minimise the risks of claims in advance, having a more pressing need to spend the money elsewhere. However, legal advice does not have to be expensive.

With the number of Tribunal claims lodged on the rise, employment protection packages are becoming more of an essential business need than a luxury. Many will provide reviews on contracts and policies and representation at Tribunals. Some will also now arrange for an insurance policy to run along side the advice so that in the event of a claim legal costs and compensation are met by the insurance policy. However, there are companies out there where advice is provided by inexperienced, non-solicitors or companies are required to be tied in to use that firm for a period of up to five years which can be unduly restrictive. Whilst such polices are useful for businesses they should read the small print to ensure that they are not bound in to a package that they can not leave for years to come or does not move with the developments of the business.

Angela Gorton,
Head of Fox Hayes
Employment Law Department,
0113 383 8465 or email angelagorton@foxhayes.co.uk