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The field of Hiring & Firing law in Manchester, United Kingdom is primarily regulated by national level laws set by UK government. These laws, such as the Employment Rights Act 1996 and Equality Act of 2010, help ensure that employers and employees have clear guidelines. They cover every aspect from employment contracts, hiring discrimination, working hours and holiday entitlement to termination of employment, including unfair dismissals and redundancy.
You may need a lawyer when you are facing situations that cannot be resolved through direct negotiations with your employer. This includes but is not limited to wrongful termination or dismissal, workplace discrimination during the hiring process, or when you are not provided with appropriate redundancy pay. A lawyer can also resolve disputes regarding contract details, disciplinary procedures, and negotiations with employment tribunals.
While there are no local Manchester-specific hiring and firing laws, any employers in Manchester must adhere to all the UK-wide legislation. This includes the Employment Rights Act 1996, which sets out the statutory employment rights of workers and employees. The Equality Act 2010 helps protect job applicants and employees from discrimination on the grounds of age, race, sex, disability, religion or belief, and sexual orientation. The Working Time Regulations 1998 cover issues like maximum weekly working hours, breaks, and holiday entitlements.
Employers in the UK are expected to have a fair reason for dismissing an employee, such as redundancy, misconduct or inability to do the job. If the employer does not have a fair reason, it may be considered wrongful or unfair dismissal.
Unfair dismissal may occur if an employer does not have a good reason for firing an employee or fails to follow fair dismissal procedures. For example, if an employer dismisses an employee based on discriminatory reasons or because the employee joined a trade union, it can qualify as unfair dismissal.
This depends on the length of service of the employee. For employees who have been with the company for at least one month but less than two years, the notice period is one week. If the employee has more than two years of service, the notice period is one week for each full year of employment, up to a maximum of twelve weeks.
According to the Equality Act 2010, it would be illegal to hire only British citizens unless there is a genuine occupational requirement or a statutory requirement related to the job. Otherwise, employers would be discriminating potential employees based on their nationality.
Discrimination in hiring and firing occurs when employers treat certain people less favorably than others due to protected characteristics like age, race, sex, disability, religion or belief, sexual orientation, marital status, pregnancy/maternity status, or gender reassignment.
Additional resources that might be helpful include Citizens Advice, which provides free, independent, confidential and impartial advice to everyone on their rights and responsibilities. The Advisory, Conciliation and Arbitration Service (ACAS) also provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law.
If you require legal assistance and advice in hiring and firing, first gather all necessary and relevant documents that describe or show your employment situation. Then, you can seek a lawyer who specializes in labor and employment law through the Law Society of England and Wales. A lawyer can provide the expert advice and representation you may need in negotiations or in a tribunal.
