Unfair Dismissal/Redundancy
In order to protect employees from being dismissed without good reason, the right not to be unfairly dismissed was introduced by statute. The rules are complex and can be affected by, amongst other things, the age, gender (especially if pregnant), health and duration of employment of the employee concerned. Enforced changes in the terms and conditions of employment can, in some circumstances, be construed as unfair “constructive” dismissal.
Employees: if you are dismissed without warning then it is possible that you have been unfairly dismissed and you should seek advice on your options. You may be entitled to file an unfair dismissal action against your employer and seek reinstatement to the position or monetary compensation. It is important to act quickly as there is a time limit for claims.
Employers: if you are considering dismissing a member of staff or making them redundant it is essential that you obtain reliable legal advice at the earliest possible opportunity, before taking any steps. Small errors in procedure can be very costly.
While your own solicitor should be able to direct you to advice that will be charged for, the links here point towards some sources of information that are either free of charge or available as part of a membership package. In addition, a web search will reveal many sites that make a certain amount of advice freely available and then charge for more detailed questions.
Employment law is highly complex and frequently changes, so care should be taken to ensure that any information obtained from a website is up to date.
The links below deal mainly with the legal and practical aspects of employment disputes. If you feel deeply distressed or depressed by the situation in which you find yourself you can ring Vet Helpline on 07659 811 118 (local call rates apply, 24hr rapid response answer phone). Friendly people with intimate knowledge of the veterinary profession are there to talk to you in complete confidence.
- BVA Legal Advice Line
BVA provides a free legal advice line for its members. The advice line is available 24 hours a day, 365 days a year and is manned by a team of legal advisors, mainly lawyers, who have a range of expertise covering all aspects of the law.
Members are able to fax documents or agreements where they require advice, but advisers will not write on a member’s behalf. All calls are treated as confidential and are recorded for future reference.
The resource is for BVA members only – the phone number is available from the members section of the BVA website. A valid membership number is required in order to access the BVA legal advice line.
- BVA Guide to Contracts of Employment for Veterinary Surgeons in Private Practice. Available free of charge to BVA members at http://www.bva.co.uk/members/resource/publications.asp#guides
- BVNA Legal Helpline
All BVNA members have access to a free legal helpline, manned by legal professionals who will answer questions in relation to any subject, not just employment. If you are a BVNA member and you need to ring the legal help line, telephone the BVNA office on 01279 408644 or email bvna@bvna.org.uk, and they will put you in touch with the right person. You will need to have your BVNA membership number ready when using the legal helpline.
- BVNA Employment Law factsheet pack:
The pack includes factsheets on the Data Protection Act, equal opportunities, disciplinary procedures and how to hold informal and formal grievance meetings, categories of “worker” and “employee”, working time regulations, discrimination and part-time workers.
Website: http://www.bvna.org.uk/pdf/EMPLOYMENTLAWFACTSHEETPACKMO.PDF
- Advisory, Conciliation and Arbitration Service (ACAS):
ACAS aims to improve organisations and working life through better employment relations. They provide up-to-date information, independent advice, high quality training and they work with employers and employees to solve problems and improve performance. You can call the ACAS helpline on 08457 474747 from 8.00 am to 6.00 pm Monday to Friday.
Website: http://www.acas.org.uk/
- Citizens’ Advice Bureau:
The Citizens Advice service helps people resolve their employment, legal, money and other problems by providing free information and advice from over 3,000 locations, and by influencing policymakers. The majority of their advisers are trained volunteers, helping people to resolve nearly 5.5 million problems every year.
Website: http://www.citizensadvice.org.uk/
- DirectGov:
DirectGov brings together the widest range of public service information and services online. Produced by the Central Office of Information, they provide information from across UK government departments a wide range of topics.
Website: http://www.direct.gov.uk/en/Employment/Employees/index.htm