Tag: Employer

What You Need To Know About Settlement Agreements

Two focuses of my blog are Organizational and Management Discussions and Workplace Discussions. Unfortunately in some instances there are issues that need to be worked out in workplaces. At the end of these disputes, there needs to be some form of resolution and this comes in the form of Settlement Agreements. The following contributed post is entitled, What You Need To Know About Settlement Agreements.

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Being called in to have a discussion about your employment can be a shock, or it can be a relief if you’ve suspected something is up. A settlement agreement might be raised with you during a disciplinary matter, a redundancy, or if you have a made a formal complaint. There are lots of reasons that your employer might open discussions with you. Here’s what you need to know about settlement agreements.

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Settlement agreement is the new name for compromise agreement

Settle agreements used to be known as compromise agreements. This name was changed to better reflect what the agreement actually is. A settlement agreement is a way for employees to agree not to bring an employment law claim in return something, usually financial compensation, from the employer. Employers might prefer to use settlement agreements as a security measure to protect their reputation.

They’re not just for dismissals

A settlement agreement doesn’t mean that your employment has to come to an end. Maybe you have raised a grievance about your employment that your employer agrees is valid, but wants to keep confidential. Your employer might want to change the terms of your employment in a way that could be a breach of contract. They may offer compensation under a settlement agreement to do this.

There’s more flexibility than a tribunal decision

Whether the discussions are a surprise or you expected them, there are advantages to negotiating a settlement agreement which you might not be able to achieve through a process server or an employment tribunal claim. For example, as part of a settlement agreement, you might get a reference from your employer which a tribunal couldn’t order.

Legal advice is essential

If your settlement agreement is going to be valid, you must take independent legal advice from a relevant independent adviser. This could be a barrister, solicitor, trade union office or worker in an advice centre if they have certified by a trade union. The adviser must have insurance covering any claim that comes from the advice they give. Your employer might offer to pay for this legal advice, so the requirements of a valid settlement agreement can be met.

Claims you don’t know about can’t be covered

Your employer might ask you to sign a settlement agreement ‘in full and final settlement’. However, if there is a claim that could not have been known about at this time, an exclusion like this isn’t like to be successful.

Discussions will be confidential

If the settlement is being talked about in the context of ongoing employment tribal proceedings, or there is a dispute between parties, any negotiations will be ‘without prejudice’, and may not be referred to before the tribunal. Discussions that are not in the connect of proceedings or a dispute between the parties, then these discussions didn’t used to be confidentially automatically. However, these discussions are now allowed to be kept confidential for unfair dismissal claims, even if there are no existing proceedings or disputes between you and your employer.

5 Things To Be Sure Of As An Employer

The first principle of my blog is Creating Ecosystems of Success and a key focus is Career Discussions. As an employer, you often have competitors and have to make sure that you’re doing everything you can do to attract and retain quality employees. Failure to attract and retain the right employees will make the completion of your mission that much harder. The following contributed post is entitled, 5 Things To Be Sure Of As An Employer.

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When you’re an employer, there are many things that you have to consider. Sure, you have a business to run, but you also need to be certain that you’re following all of the right guidelines, and keeping your staff as happy as possible. Striking a balance here can be difficult, but there are some things that you should keep in mind if you want to be a great boss with a happy team of employees behind you. We’ve noted down 5 of them here.

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#1: That you pay well

One of the first things to be sure of as an employer is that you’re paying your staff at least the minimum wage. However, going above and beyond this will really help you to retain the right team members, and you’ll find that they have a lot more respect for you if you pay them a fair amount for what they’re doing. Lift them up, and you’ll find that they lift your company up as a result.

#2: That you look after health and safety risks

The health of your employees is integral to your business, and your staff should never feel like their safety is being compromised as a result of your laziness or lack of concern. Whether you’re keeping risks to a minimum or sharing information, for example, pages like what is an ankle sprain – and what should you know? you should be doing all that you can to make them feel safe.

#3: That you respect them

With great power comes great responsibility. That’s what Spider-Man said, anyway. And it’s true; if you let your status as a business owner get to your head and think that you can start disrespecting your staff as a result, then you’re not going to be very well-liked. Sure, you may not see this as a problem, but when your employees move to a company with a better boss, you’ll be sorry!

#4: That you door is open

Being approachable is also important if you want to have happy staff members, because you don’t want to end up with problems just because they feel that they can’t talk to you. Encourage them to bring new ideas to you, and make yourself as open and friendly as possible. This will help with any issues, but will also improve your business when you all work together in an open environment.

#5: That you don’t overload them

Sure, you hire your staff on the understanding that they’re going to do a certain amount of work for you. However, don’t overload them with tasks, and don’t make them work through lunch hours or demand excessive amounts of overtime. Your team are only human just like you are, and they don’t owe you a mental or physical burnout just because you want to get things done quicker!

So, if you want to be a great employer, then keep these 5 things in mind. You’ll have happy staff who are contributing amazing things to your company, and you’ll all benefit as a result!

Knowing and Upholding Your Rights in the Workplace

The first principle of my blog is Creating Ecosystems of Success and a key focus is Career Discussions. Employment is not a one way street and no matter which career you choose, you do have certain rights when you start. It’s important the know what those rights are when you start. The following contributed post is thus entitled, Knowing and Upholding Your Rights in the Workplace.

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When you work for someone else, you are essentially allowing them to profit from your hard work. However, there are so many benefits that come hand in hand with being employed that the majority of us are happy to take on this kind of position within a company. You have contracted working hours which means regular, stable wages that you can build your life around. You receive pay when you are sick or when you need to take parental leave. You receive annual leave, so you can have a little time off each year without worrying about losing money. Perhaps the most important benefit is having rights as an employee regarding your health and safety that must be upheld, meaning you can feel safe each day when you head to work. Now, most employers keep up with this of their own accord. But if your employer isn’t sticking to rules and regulations, you need to speak out and ensure that your rights are upheld. This can be daunting, but you cannot be punished or reprimanded for demanding what you are entitled to. So, here are some areas to focus on!

A Safe Workplace

First and foremost, you have the right to work in a safe space. Your workplace shouldn’t pose any threat or risk to you, your health and wellbeing. Your employer will have to conduct all sorts of checks to guarantee this. If potential threats are present but can’t be changed, measures should be taken to alert you to them. If there’s a low ceiling, a sign should be fitted ahead of it in order to warn you to mind your head. If there’s a small step that can’t be removed, a “mind the step” sign should clearly be displayed.

Relevant Training

Regardless of what role you are carrying out, your employer should ensure that you are fully trained to be able to carry it out safely. If you work in retail and need to lift heavy items and move them from store rooms to the shop floor, you should receive training in how to do this. It may sound like something straightforward and basic, but if you lift things in the wrong way, you could become injured. If you work in construction, you should have training in every aspect of the jobs that you need to carry out. If you don’t and are then hurt during construction, you will be able to seek legal aid and receive compensation.

Regularly Updated Risk Assessments

Your employer should carry out risk assessments associated with every aspect of your role. If something is a “risk” it means that there’s a chance that you could be injured or harmed while engaging with it. Your employer should then take measures to remove this risk before you are put to work.

These are just a few of the different rights that you have in the workplace. Make sure that your employer is upholding them at all times! This is for your own sake and others’ sake!