LINK 2 ADVOCATES, encourage a pastoral care approach in order to support people in their pain, loss and anxiety, and their triumphs, joys and victories. Pastoral care involves emotional support that we believe is essential within working environments. In this sense when applied to employment law issues, it involves listening, supporting, encouraging and befriending.
Unfortunately, it is often the case that those who are employed to give advice with regard to employment law issues bring their own personal issues into play, which may have devastating consequences for the employer, if the matter progresses to an Employment Tribunal. If an employee is not supported or listened to by their employer, they may seek protection and guidance elsewhere that may lead to success in an Employment Tribunal.
LINK 2 ADVOCATES, will approach every situation with lateral thinking, without making assumptions.
It is of most importance to think outside the box and to appreciate that with civil procedures linked with employment law requires a subjective analysis of any situation, this in turn will take into account the behaviour of the parties involved.
The Employment Tribunal will examine the responses of the employer, with regard to the issues under review, pursuant to Section 98 of the Employment Rights Act 1998. If the employers conduct is held as unreasonable, the employee will be successful in their application to the Employment Tribunal.
It is unlawful to discriminate against a person because they have one of the protected characteristics, which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. The Equality Act 2010 is the primary legislation that protects employees from discrimination.
LINK 2 ADVOCATES, provides training with regard to listening, supporting, encouraging and befriending those employees who believe that they are being treated less favourably or require a pastoral approach to their own personal circumstances.
It is extremely important to provide evidence that a protected characteristic was not the reason why an employee was dismissed.
LINK 2 ADVOCATES, would never suggest unscrupulous,’ get out clauses,’ in order to protect an employer who obviously have an unprofessional and bullying culture. We provide guidance and support so that such a countenance is recognised as being unacceptable and never condoned.
Claimants [Employees] as from July 2013 were required to pay fees in order for their application to be accepted by an Employment Tribunal. As a consequence of such a change in procedure, many commentators predicted a reduction in the number of claims.
However, employees who have been dismissed will continue to complain of unfair dismissal and may link this with unlawful discrimination rendering such a termination automatically unfair. Therefore claims will still be received by the Employment Tribunal and if the employer has failed procedurally with regard to a dismissal, they will suffer a penalty that will be costly.
The advice you receive is crucial when applied to internal disputes.
LINK 2 ADVOCATES, will assist employers in order to avoid Employment Tribunal claims.
We advise that the employer follows a process that;
• Ensures all policies are up to date and have been communicated to all members of staff;
• The required preparation to deal with staff grievances;
• The taking of notes at meetings with employees that are kept on file. Cases are often won or lost depending on the quality of an employer’s documents;
• All managers should be trained on the rules governing the employment relationship, policies, and procedures and, with most importance, conducting a thorough investigation;
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