Post Termination Issues: What do employers need to consider?
Chris Dobbs looks at post termination issues, obligations and restrictions.
Advice for you
There are complexities in any employment situation. You will need to know, in plain, straightforward language, what your rights are and how you can exercise them. Our experts offer sensible, timely, practical advice to help you choose the best course of action.
At Frettens, we can help you deal with issues with your employer and provide advice about whether you may have a potential claim. Our team also helps people with contractual matters and terminations of employment, including redundancies.
The team are recommended in the Legal 500, the leading independent guide to the UK's top law firms.
[staffrotator]
People sometimes feel that they are treated unfairly at work. If you feel that you are suffering from discrimination, you may have a potential claim against your employer. Our team also helps people with contractual matters and terminations of employment, including redundancies.
We offer all new clients a free initial chat with one of our bright experts. A free initial chat with one of our bright experts lasts around 30 minutes and usually takes place over a cup of tea or coffee, either at our Christchurch or Ringwood offices.
At present, most appointments will take place over the phone or by video link. Where a face-to-face meeting is necessary, we have put the required safety measures in place.
Call us on 01202 499255 or fill in your details, and one of our friendly team will be in touch to arrange your free meeting.
You can see our fees for unfair or wrongful dismissal cases by clicking this link.
Download our factsheets on Employment Law
Our friendly Employment Law team know just how stressful it can be when you have a problem with your employer. Your livelihood may be at stake which may impact your ability to pay your rent or keep up with bills and other debts.
You may also be worried about your future career, networking opportunities and professional reputation.
It is very common for people experiencing employment problems to have feelings of self-doubt, anger and frustration, even if you know that you are one hundred percent in the right.
We are familiar with all the conflicting emotions that you may be feeling at the moment. We want to provide the professional advice and support you need to get through this difficult situation.
Whether it’s a straightforward issue about when you should be paid or a serious long-term campaign of workplace harassment or discrimination, we will put your best interests first, and take all possible steps to achieve a positive outcome.
We combine practical legal advice with a warm, welcoming approach to put you at ease from the moment you get in touch.
We offer a free 30-minute consultation to discuss your situation and recommend a course of action. We will ask you some questions and provide a tailored quote for the work required.
There is no obligation after this meeting to move forward with us if you don’t think we’re the right fit for you.
If you need legal advice because your employer has offered you a settlement agreement (or compromise agreement), they may be prepared to pay for some or all of your legal costs.
We are happy to discuss this with you and liaise with your employer to ensure we can provide the required services within a proportionate budget.
You can see our fees for unfair or wrongful dismissal cases by clicking this link. Otherwise, please get in touch for a custom quote.
We have offices in Christchurch and Ringwood. Our Employment Team also covers Bournemouth, Poole and the New Forest, with the majority of our clients located in the Bournemouth and Poole area.
Thanks to our excellent IT systems, we can (and regularly do) represent clients from across the country.
Give us a call or fill in our online enquiry form for a quick response.
The worker status debate leached into the TUPE sphere towards the end of 2019. A 'worker' is defined by section 230(3) of the Employment Rights Act 1996 (ERA) as:
An individual who works under:
a. A contract of employment, or
b. Any other contract where the individual undertakes to do or perform personally any work for another party who is not...a client or customer of the individual.
TUPE a.k.a. 'Transfer of Undertakings (Protection of Employment) Regulations' is a legal mechanism which protects employees when the business they work for transfers to a new owner.
TUPE defines 'employee' as 'any individual who works for another person whether under a contract of service or apprenticeship or otherwise' but does not include the genuinely self-employed.
Previously there has been no case law on whether workers are covered by TUPE. Employers have considered it unlikely and usually limited TUPE obligations to employees.
TUPE: Can employees' terms and conditions change
The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another.
Only employees with two years’ continuous service have the right not to be unfairly dismissed. This qualifying period is measured to the day - so it is important to be clear about precisely when an employee started work.
Liz Truss, Minister for Women and Equalities, believes that flexible working boosts both productivity and morale and improve employment prospects for women - who are twice as likely to work flexibly while they juggle childcare responsibilities - as well as those who don’t live close to big cities.
The Government Equalities Office has published a report, ‘Encouraging employers to advertise jobs as flexible’, by the Behavioural Insights Team and the jobs website Indeed. The report said that job applications increase by 30 per cent when flexible working is offered.
This is a developing area of employment law and one where, like so many others, the answer is ‘it depends’.
As a general rule, misconduct is misconduct. Gross misconduct can be a fair reason to be dismissed. It is very much a matter of scale and the reason why the employer has chosen to take action.
Therefore, yes, you can be dismissed for what you post on social media.