Pic credit: Tom Banks
Introducing Jacksons
– your local law firm
The team from Jacksons Law
Firm Newcastle office
The experts from Jacksons Law Firm Newcastle
answer your business and employment law queries…
Business law Q&A C A S E
I feel like I’m being edged out of my
job. Is this constructive dismissal?
An employee is constructively
dismissed when they terminate
their employment by resigning
in circumstances where they are
entitled to do so based on their
employer’s unreasonable conduct.
The conduct concerned must
be so significant as to go to the
root of the employment contract
and, effectively, indicate that the
employer is no longer prepared
to be bound by the terms of the
contract – this is referred to as a
repudiatory breach. Where there is
a repudiatory breach, the employee
must resign in response to the
breach only and avoid delaying
their resignation, otherwise they
may be regarded as having waived
the breach and affirmed the
contract.
I messed up at work and I’m
worried I may lose my job. Do my
employers have to give me written
and verbal warnings first?
It depends what you’ve done
wrong and how serious it is.
There are some situations where
a dismissal sanction may be fair,
such as a clear-cut case of theft,
following an investigation and
disciplinary hearing. In other cases
FILE
a verbal warning may be more
appropriate. Where an employee
has been previously verbally
warned about unacceptable
conduct and has persisted in doing
it, the company may then proceed
to a written warning. In some
circumstances the conduct may
be serious enough to jump to a
written warning without initially
issuing a verbal warning.
I accepted a job but the company
withdrew the offer. Can they do
this?
An employer can withdraw a
job offer at any time until it has
been accepted. If the job was
offered on a conditional basis (ie
subject to suitable references) it
can be withdrawn if any of the
conditions of the offer are not
met. The employer is under no
obligation to provide any reason
for the withdrawal or to provide
a copy of references. If you accept
an unconditional job offer then
a legally binding contract of
employment is in place and you
could take legal action for ‘breach
of contract’.
Is there a law against forming
personal relationships in the
workplace?
About Jacksons
It is not unreasonable for a
company to have a policy which
requires employees to inform
their manager that they are in a
relationship where there is the
potential for it to affect decisions
at work, influence their conduct
or create a conflict of interest.
Care must be taken when drafting
such a policy as employees have
fundamental rights to private and
family life, as enshrined in Article
8 of the European Convention on
Human Rights.
My friend wants us to go into
business together. Should we have
a legal document drawn up?
Absolutely! Agreeing and
formalising a structure at the
outset can help prevent disputes.
If you do not agree the terms of
the relationship, then the law
has default provisions to govern
it. A business is more likely to
thrive if it is set up correctly and
efficiently. For some relationships,
a partnership agreement would
be ideal; if you want a bit more
protection for your personal assets
then a limited liability partnership
would be right, or it could be
that your business would be
financially better off if it was run
as a company.
Stockton-headquartered
Jacksons Law Firm was
established in 1876 and
offers a wide range of legal
services to businesses and
private clients. Its team of
81 includes 11 partners and
more than 40 legal experts.
Jacksons work with clients
from a wide range of
sectors.
For more information on
Jacksons Law Firm, go to
jacksons-law.com
Jacksons Newcastle
Central Square
Forth Street
Newcastle upon Tyne
NE1 3PJ
0191 2322574
Jacksons Teesside
17 Falcon Court
Preston Farm Industrial
Estate
Stockton on Tees
TS18 3TU
01642 356500
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