Employment Practice

For all employers, it is important to try and establish sustainable differentials between jobs - possibly by a process of job grading. The problem with differentials is that there is a dual perspective and the old joke is perhaps apposite: 'if I am paid more than you - that is a differential, but if you are paid more than me, that is a discrepancy.' A pay/benefits chart may also be helpful. Factors Unless there is a demonstrable process of job worth assessment, the 'seems about right ' method of determining a package may create problems. It may be difficult to substantiate differentials generated without, at least, an awareness of a number of factors. All employers should continually review their reward package which is determined by a number of factors. 1. The market rate - what other employers are paying for similar jobs in the locale. This can be determined from checking with the media, job centres, local employers' information exchange, industry wide information...

Where an employer does not wish a leaving employee to work the notice period required under their contract (irrespective of which party has initiated termination), a payment in lieu of notice (PILON) in respect of the time and benefits of the notice period can be paid. Definition PILONs can either be contractual or ad hoc. A PILON becomes contractual where the right is specified in the CONTRACT or other contract documentation - the employer takes the right to make such a payment, rather than allowing the employee to work the notice period. The alternative is an ad hoc PILON, where the decision is made without pre-meditation and is non-contractual. Where the right is contractual, exercising the right does not breach the contract and thus all the contract terms (e.g. non-competition clauses) are still operative. Where the right is exercised in an ad hoc manner and there is no contractual right, the employer can exercise the right but, in that case, this destroys the contract and other cl...

As employee rights proliferated, some employers negated their impact by restricting the numbers of employees entitled to such protection. To offset the impact of such action, legislation gives people working under 'non-standard' contracts the same or similar rights to permanent employees. There are currently two classes of workers protected by this 'comparability' legislation - Part-Time and Fixed Term employees. Commentary Under The Part Time Employees (Prevention of Less Favourable Treatment) Regulations 2000 those part timers who perform comparable work to their full-time colleagues are entitled to the same rights and benefits unless the difference can be objectively justified. In this context, what constitutes 'full-time' is for each individual employer to determine, but anyone who works fewer hours than whatever is full-time is regarded as a parttimer. Thus part-time employees doing comparable work to full-timers - should, for example, be advised of vacanci...

Redundancy is a dismissal but unlike other dismissals it is one for which the employee was in no way responsible or culpable. The employer bears the responsibility since they have too much productive capacity for the current demand for products or services. There is at the very least a moral responsibility placed on the employer when dispensing with employees in this situation to try to find, or assist them in finding, alternative work. Employer Assistance Having determined who is to be made REDUNDANT a responsible employer should at least consider if there are ways in which support and assistance can be provided for those forced out of a job. This could include: Paper assistance guiding those seeking jobs. Administrative internal assistance. Contacting local employers, obtaining vacancy lists for leavers. Career counselling. Encouraging, possibly with offers of short-term contracts, redundant employees to set up their own businesses. Guidance for Those Leaving This following chec...