International employment law: key insights from the UK

In this month’s podcast, Barry Stanton is joined by his colleague Claire Taylor-Evans to discuss key issues employers should be aware of when running, or considering setting up, a business in the UK. Whilst there are three distinct jurisdictions, employment law and the legislation surrounding it in England and Wales, and Scotland is essentially the same, with some differences in Northern Ireland.

The discussion begins with the importance of the terms of the employment contract, which are fundamental to the employment relationship. This includes both express and implied terms, the way in which the agreement is recorded, and the various choices available to employers when drafting these agreements.

Clearly a contentious area for employers is their right to terminate an employee’s employment and having considered the various statutory bases, Claire looks ahead to the changes being made by the Government to the familiar two-year qualifying period for unfair dismissal. When the law changes employees will, subject to rules around probationary periods, have a Day 1 right not to be unfairly dismissed, with proposals to make radical changes to the way in which the rules apply and reducing the qualification threshold.  

This episode also highlights the extension of protection available in redundancy situations to those who are pregnant and who have recently returned from maternity leave, an area that presents potential traps for employers who are not fully informed.

Finally, the discussion considers the extension of flexible working rights. All employees will soon have a Day 1 right to request flexible working, even if the role was advertised and accepted as a full-time, office-based position.