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Employment law is a pain in the a**!

Written by Carolyne Wahlen

There.

I’ve said it.

Am I allowed – as an employment law expert – to say that?

Aren’t I supposed to pretend that this is all perfectly reasonable?

I’ll be honest with you, there are some processes in employment law that make me want to bang my head against a brick wall.

And I can understand that the convoluted processes that we all have to go through will sometimes sound like a magic potion recipe:

“Take one GP’s report, add a newt’s tail, three frog eyes, stir anti-clockwise at midnight and voila! You have an SOSR dismissal”!


But here’s the thing:

You can do what you want as a business owner, as long as you’re prepared to deal with the consequences.

You can choose to not pay your taxes. Then you will get a personal visit from HMRC (they don’t do that for everyone!).

You can choose not to do any sales and marketing, and then be surprised that you have no clients.

And you can choose to “just fire” an employee, without following a process. Then face a potential fine of one year’s salary plus a 25% uplift for not following any process at all, let alone a bad one.

I know it sometimes feels like employment law is common sense gone mad, and that everything is on the side of the employee.

But the starting point for all the pain in the a** employment laws is that the employer has the power and the employee has none.

I know it feels the other way around sometimes, but it is true.

As the employer, you have the power to take away money (their salary) and their job.

You can fire them, and they can’t stop you.

Employment law processes haven’t been introduced to stop fair and reasonable employers like you, but those out there who are really nasty to their staff.

You would never dream of firing someone just because they spoke back to you. Others would.

You would never dream of firing someone because they are ill. Others would.

And you would never dream of firing someone on allegations of stealing without giving them the chance to put their case across. Others would.

So when it seems like the process to part company is never-ending, remember: it is a lot cheaper than the tribunal alternative!

If you know of a business that could do with our help, please let us know – we always reward referrals with chocolate!

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About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

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Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Ashley Lewis, Wallingford Tiles and Bathrooms

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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