Five Things an Employer Needs to Know About Employment Law

It is an unavoidable demand of running any business that an employer must have a good knowledge of employment law whether they are self employed and/or employ other staff. They should have an awareness of the rights of the employee, the employer themselves and where each party stands in the unfortunate event that the normal working relationship breaks down. This article addresses the five key areas that employers and HR departments need to consider when dealing with employment law in the UK.

1. How You Define Employees and Employers
It is important, before delving into the intricacies of employment law to have a clear idea of the parties that are involved and how their roles should be defined.

Employed vs Self Employed: This distinction can be less apparent than you may think. If a worker has agreed to provide a service/work under contract for an organisation then they will be a worker employed by that organisation unless the organisation is actually employing the services of that individual’s business, in which case the worker is self-employed and thus not a direct employee of the organisation. An example of such a scenario would be a contractor who offers his services to an employer via his own business rather than agree a direct contract of employment himself.

Part Time vs Full time: This is a heavily contextualised concept as the hours a full time employee works in one organisation could be the same as the hours worked by a part time employee in another. Once an organisation has set the hours that a full time employee is expected to work, a part time employee is defined as a worker employed on the same contractual basis but for reduced hours. The key thing to remember here is that part time employees should not be treated any less favourably in comparison to their full time counterparts purely because of the difference in hours that they work, unless their hours are a justifiable factor in the decision process. For example, pay should always be awarded on a pro-rata basis for part time workers in comparison to an equivalent full time role. Employees have the right to challenge and demand written explanations if they think that they are being treated differently on this basis alone.

Temporary vs Permanent: This distinction depends upon the contract of employment which we will discuss later on. The temporary or fixed term worker will have a contract which agrees their employment for a fixed period of time as opposed to an ongoing permanent relationship. As with part time workers, temporary workers must not be treated any differently to their permanent counterparts purely on the basis that they are on fixed term contracts.

2. Statutory Rights
These are the rules that govern and provide the framework for how you will need to deal with your staff from the start of the recruitment process to the cessation of the contract of employment. They cover not only the definitions of employment types mentioned above but every other area of individuals’ rights in the work place. They are too broad and detailed to discuss in their entirety here but, in summary, include:


Minimum Pay – Rates for over 16s, varying for different age groups
Equal Pay – Contracts for women employees must include the same pay and benefits as that of a man in an equivalent role
Pay Slips – To be itemised and provided before or on the date of pay
Discrimination – Employees must not be discriminated against based upon “protected characteristics” such as age and sex. Provisions must be in place for disabled workers
Equality Act 2010 – Employers do have the right to choose between two candidates of equal ability on such a characteristic if it is under-represented amongst their staff

Working Hours

Maximum Working Week – 48 hours, regular breaks etc. Opt outs can be agreed but not demanded
Flexible Working – Parents of children up to 18 years old have a right to apply to changes to their hours and work location which an employer can only refuse if specific circumstances are met
Parental Leave
Maternity Leave – 26 weeks ordinary and 26 weeks additional entitlement
Paternity Leave – 2 weeks entitlement with additional 26 weeks when mothers return to work


Sickness – Statutory sick pay entitlement etc
Compassionate Leave – Employees have a right to time off (but not pay) if they have illness or death in the immediate family

Whistleblowing – Protection for some disclosures in specific circumstances which would otherwise breach the employee’s contract.

Workplace Health & Safety (see below)

Redundancy – When an employee’s role is no longer required.

Statutory Pay
Notice Period
Relocation Opportunities

TUPE – Conditions of employment must be transferred in the event of a take over.

Pensions – Most employers must offer employees a stakeholder pension provision.

Dismissal & Disciplinary

Unfair Dismissal – The employer must have a fair reason (e.g., employee conduct) to dismiss an employee with 1 years employment and must follow a fair dismissal procedure. Some reasons for dismissal will qualify to be considered as automatic unfair dismissals such as union action, time off for parenting etc

Wrongful Dismissal – Notice must be given by all parties (unless a fixed term contract is lapsing) as set out in common law

Constructive Dismissal – If an employer breaks the terms of a contract and consequently forces an employee’s dismissal

Retirement – The Default Retirement Age is ultimately due to be scrapped by Oct 2011 although there are certain measures already in place to reach this end (Retirement is therefore no longer a fair reason for dismissal).

One of the most essential things to remember with statutory rights is that they are regularly changing. As an employer or HR worker you must remain familiar with the latest developments.

3. The Contract
Perhaps the most important element of any employer-employee relationship is the contract of employment. All parties will have certain statutory rights as mentioned above but the finer details and practicalities of the relationship will be contained in the employment contract. The contract will determine the procedures to follow in the event of staff under-performance or disciplinary proceedings, any employee benefits and concessions above and beyond their statutory entitlements (e.g., maternity leave, compassionate leave) and ultimately the conditions and processes of releasing staff either through dismissal, redundancy or resignation.

4. Trade Unions
If you are an employer of more than 21 individuals you may be approached by a trade union seeking recognition from your organisation. The Trade Union needs to show that it has a 10% representation in your workforce and that those members wish your organisation to acknowledge it. You will have 10 days to respond to the request otherwise you will have effectively rejected the approach. In the event of rejection the Trade Union can apply to Central Arbitration Committee to force you to accept their approach for recognition. Once a Trade Union has been recognised, an employee is entitled to take part in industrial action organised by the union (for a period of up to eight weeks) if the industrial action was called for by an official Trade Union ballot. Any dismissals resulting from this action would automatically qualify for unfair dismissal.

5. Health And Safety
An employer is obliged by common law to provide a safe working environment and to ensure that their workers are fully competent in the roles they are filling. However employers are also bound by statutory requirements which reinforce these obligations and the fact that all employees must, at all times, be fully capable, be trained in the safety procedures that they must follow and be aware of the Health & Safety Act 1974.

To this end employers are also required to perform regular assessments of the risk in the workplace, not only to their own employees but any other individuals who may be affected. Employers of at least five members of staff must document these assessments and are in addition required to produce a documented health and safety policy which is communicated to all members of staff.

There are many more requirements that an employer must be aware of to fulfill these objectives and specific additional regulations which apply to particular industries and workplaces.

As you can see employment law is a very broad and nuanced topic and it takes a fair amount of effort and time to become familiar with it. Therefore, if you are in doubt, or you need guidance on a specific circumstance you should seek advice from a qualified employment law specialist, such as Employment Solicitors Basingstoke to make sure you take the easiest and most economical path to a resolution.

Promote Products, Services and Information Online, Offline and In-Between (I.E. Mobile)

There is now an immense diversity in the ways that one can get the word out. Before, the most effective ways were from door to door and there was the need to learn all the persuasive skills that was ever invented by man. But things have improved a whole lot since then. We now have several ways to promote products, services and information online, offline and even between those two using the power of mobile technology.

You have got to make use of these methods. They are all there for use. Embracing only one method in our days may just not be sufficient. The old methods are still in vogue for some specific purposes and uses but one must not get stuck with them and limit your reach to only the past ways. If you have got a product, or you render a service to people or have decided to share some note worthy information around the globe, you are living at a time that gives you an immeasurable number of ways to engage with your audience at any time and at any place.

Yes, the television and newspapers and word of mouth are still around but how often do you enjoy doing cold calling on the telephone to magazine columns and articles these days? Most of the people who are even reached tend to block the caller in order to have a quiet world to themselves where they are in control. At the click of a button, it is possible to mute a phone call and the caller permanently for the lifetime of the phone line. These powers make it possible for some of the previously available channels to have less and less effectiveness today.

But we have the information super high way. We have the internet linking the world together at warp speed. It is so wide, it is wild and it is worldwide. At almost every part of the surface of this planet earth today using the appropriate equipment, you can connect yourself to the rest of the world via the internet. That is the online space where knowing what to do and where to do it, you can get your products featured, your services pronounced and your information shared virally.

The brick and mortar shops have not disappeared and will never do. You will always have window shoppers and shops with windows for you to see what is on display even if you never desire to step in. This means of getting business done must not be neglected as well, it still works and will continue to work though it may experience decline in effectiveness as the world of commerce changes rapidly, but it will always be there.

The most important one to place a high value on in our days is the mobile networks. It is very important to look closely into this medium of promotion in the present and even with a eye on the future. Simply because it allows people to carry out their business at any location and at any time without the constraints of space and volume, this means of getting your business products, services and information in front of the right audience at the right time for the right price must be actively and seriously embraced.

Having said all of that, if you do not know where to begin or you will be happy to increase your efficiency and effectiveness in any or all of the areas mentioned here, it will be a great idea for you to get in touch with us today, even right now so that we can help, support and assist you with the promotion of your products, services and information online, offline and in-between i.e. mobile. All the best to you and yours!

How to Choose a Car Finance Broker – Some Useful Tips

Financing a car is a very important process and today with the availability of numerous car finance brokers it has become an easy option to get secure car loans. Today these car finance brokers are also playing a vital role in assisting car buyers. In fact, consulting and taking help of car broker can definitely be most appropriate option if you don’t have any clue about what to look at according to your budget. A finance broker is the most experienced personnel and clued-up on how to approach the financiers in a way that can persuade them to approve the loan. They usually have good relations and reputation with the lenders as being reliable, and so they know which lenders are likely to be open to a client.

In general, they act as the key source and offer services such as finding a used or brand new car model that the customer wants and within a budget range. At times, these car brokers even assist car buyers in negotiating with a used car seller. However, these days there are many car finance services and making a proper selection is turning out to be a very complicated process. You need to understand that not all car finance services are fair. Therefore, if you are looking to finance a car or choose a car financing service then here are a few important points that you should keep in mind while making a selection:


You must confirm whether your car finance consultant or broker is a member of FBAA or COSL or both of these industry associations. While Finance Brokers’ Association of Australia Ltd. (FBAA) is one of Australia’s leading membership bodies for finance broking professionals, the Credit Ombudsman Service Limited (COSL) is an independent organisation that is mainly indulged in handling complaints about finance brokers. You can easily confirm finance consultant’s membership by searching through their member list. Adding to this, WA Finance Broker License is yet another additional requirement for finance brokers serving in Western Australia. Nevertheless, if you are looking for finance broker and residing in the state of WA or other states of Australia, it is essential that the broker must hold a WA Finance Broker License. A broker holding WA Finance Broker License entails passing a comprehensive range of checks, educational requirements and operational requirements.


While selecting a car finance broker also ensure you know about their range of lender accreditations. The range of accreditations held by a broker governs the range of options they can offer. You must note that a broker’s accreditation can not just change the range of finance options available to you, but it may even affect the quality of those options.

Experienced Staff

You must choose car finance service that recruits and retains professional and knowledgeable staff. The broker must be an experienced professional who can demonstrate and explain about why a particular product is highly recommended or even suites your specific circumstance. If possible make sure you even ask for testimonials from previous clients that in turn may help you in the confirmation of their experience.

Services Offered

As mentioned earlier, today there are many finance services available in the market. Therefore, you must find out more about any extra service that a broker can provide. You should expect your finance consultant to supply detailed information about timeframes, and any fees or extra charges related with your finance. The key point is if a broker is being able to clarify the comparison rate of your recommended vehicle finance and the overall cost of your finance package then it is quality sign of a good finance broker.

These are some important points that can help you in choosing your car finance services easily. Today a lot of responsibility goes along with buying a car and taking financial help through car broker. Just taking care of few essential steps can help you select your car broker and further purchase a nice new or used car.

The Best Car Deals – Low Finance Rates Vs Rebates – Which Should You Choose?

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How To Get The Best Car Deals:

Quick tips that will help you at the car dealer:

How to understand Rebates and low financing offers:

Vehicle MSRP: Manufacturers Suggested Retail Price – This price is always negotiable – don’t ever agree to pay MSRP

Exception: Some vehicles that might be “hard to find” or “limited in production” might be sold by the dealers at MSRP or, sometimes higher. This is usually called Market Adjustment.

Manufacturers Rebates: This is your money and has nothing to do with discounts given by the dealership. This money is given to you directly from the factory. Never let the rebate be used as a negotiation tool by the dealer. Any discount or negotiation from the dealer should be separate of any rebates offered.

Low finance rates: 0.00% 1.00% 1.9% etc… These are called Sub-vented rates, they too are offered by the factory and not the dealership. Do not allow a “low” finance rate to be used as part of a negotiation by the dealer. These rates are granted over and above any discounts, rebates, etc.

Exceptions: There are several exceptions to Sub-vented finance rates, but here are two that you really should be aware of:

1. Not all people qualify for these rates. So, if you suspect that you might have some issue that will cause you not to qualify, there is nothing wrong with expressing to the dealer that the low finance rate is something you are interested in, and you would like to apply first, before going through the long, timely steps of deal negotiation. Many dealerships will view this as unusual; however, any “good” dealer will be happy to let you submit an application first if you insist. Why is this important? As we always say, knowledge and preparation are the keys to not overpaying at a dealership. What happens if your entire deal is worked, negotiated and finalized with the dealer? Then you head over to the finance office to finalize the finance terms and payments… You expected to pay 0.00% interest, then at the last second you are told: “Sorry” because you don’t qualify… NOT GOOD THE WHOLE DEAL CHANGES.

2. Rebates and “low” finance rates can not always be combined. Some factories allow it some times, however there is no rule; you must do your homework first. For instance, Chrysler offers manufacturers rebates on most their vehicles, plus they offer low finance rates on most vehicles as well. Though, you the customer must decide which offer you want, you can’t have both. Although, sometimes Chrysler will run special offers that allow you to “combine” both the financing and rebate offers at once. But be careful, dealers won’t always tell you that these offers are available, if you are unaware and you agree to pay higher finance rates, you are stuck.

Commonly Asked Question: Which is the right choice, Rebate or Low Financing?

This is an interesting question asked by many customers, the answer is simple yet many people have no idea.

Remember this rule: You should do what’s best for you, do not ever inquire with a person, dealer, or anyone else that has any other motive than what’s best for you.

What that means is this: When you ask a dealership which makes more sense, the dealer will likely tell you: “Take the rebate – not the low interest rate.”

The reasoning behind this answer is, if you take the rebate you are actually paying “less” for the vehicle than if you elected the low interest rate. So, being that the vehicle price is the most important issue, you should always take the rebate. Is this correct or incorrect?

Rule: Don’t be concerned what the dealer is making or losing, it’s not relevant to what’s best for you.

Does the dealership stand to gain more if you chose the rebate vs. the low finance rate? The answer to that question is yes, the dealership does stand to gain more. They receive a little more in “reserve money” from the lender if you chose conventional finance rates. The fact is however; that this point is completely irrelevant. Who cares what the dealership is making? Why is that important anyway? Is there some rule that says a dealership is not entitled to make profit? The only person who is doing something wrong in this scenario is you. You’re asking the wrong party for information. If the complete and honest answer might cause the dealer to make less, chances are more than likely the answers will be carefully weighed to fall on their side.

Remember: Your concern is getting the best deal for you, don’t waist time caring about what the dealership makes. Prepare yourself by considering all the facts. Do not make the common errors of all the people we constantly heart about who over pay all the time.

Fact: People who think that dealerships are losing money on them are usually the ones who pay the most!

Note: Please understand the purpose of this and every other post we write is NOT to condemn dealerships for making profit. Why should a dealer not be entitled to profit? What right do we have to ask them to lose money? Would you ever go to a restaurant and tell them that you insist they sell you dinner and lose money? It’s a stretch, but equally as ridiculous.

The purpose of this post is to assist fair people in getting the best deal for themselves. Protecting people from being “ripped off” by a deceptive dealership is our motivation. We don’t claim that all dealers are unfair or “rip off artists”, in fact we are aware that most dealers are honest and forthcoming. Although, everyone is in business to make a profit and the topics written about within these posts are for the purpose of assisting “fair” consumers achieve “fair” and honest deals. Why do we keep mentioning “fair”. Because equal to us having no concern about a cheating dealership, we also have no concern about the “unfair” consumers who want the good dealers to close down their business and lose money.


As we have mentioned so many times; price is not always the most important issue.

The following is the one and only correct answer to the Rebate vs. low rate debate:

With any issue that causes you to make a decision there are always certain facts in place, those facts make up the “pros and cons”. With any decision we make, we weight the pros and cons and ultimately are lead to a decision. Then of course, we hope that decision was the right one.

Remember this rule: There is always a point where the two lines will cross, that point is where you will find the correct answer.

This means; there are variables that create change in every deal. For example: It may be a better deal for me to take the rebate, while it is a better deal for you to take the low financing rates. Let’s explain:

You might be financing $30,000 and your finance term is 60 months. The Factory is offering a $3000 manufacturers rebate or 0.00% for the 60 month finance term. Which do you choose?

I might be financing $12,000 – The factory is offering a $3000 rebate or 0.00% for the finance term. Which one do I choose?

Obviously the answers vary; your lines of “break even” will obviously cross way sooner than my lines. The reason: different factors in the two deals will yield different answers.

Here’s how you figure out the correct answer based on your factors:

For this example we’ll assume that you are considering a $30,000 car with $3,000 rebate or a 0% interest rate, and for the sake of finding an answer, we’ll assume that you’re putting $3,000 a down payment and you qualify for all offers.

First: Draw a line down the middle of a piece of paper; on one side write Rebate on the other side write 0%

Second: on the 0% side write in the sale price of $30,000 – and on the left side (rebate) write in the sale price of $30,000 as well.

Third: On both sides add in your local tax rate. For instance: if you live in Queens NY add 8.25% as sales tax.

Fourth: on both sides add $300 – this should cover DMV – Inspection and dealer Doc Fees.

Fifth: On both sides – subtract $3,000 for you down payment

Sixth: On the rebate side subtract $3,000 for the rebate

If you did this right, so far you should have the following results:

Both sides: should show Sale Price $30,000 Tax $2,475. DMV $300. Sub Total: $32,775

Rebate Side Should show $6,000.00 Total down payment and an “unpaid balance” of $26,775.00

The 0% side should show $3,000 Total Down Payment and an “unpaid balance of $29,775.00

Assumption: If you chose not to take the 0% – the dealer offered you a 5.5% interest rate.

Compare to see where the lines cross:

Next step – find an auto loan calculator – you can go on any search engine type in “free auto loan calculator”

I am not able to attach a link to this area of the post so I will simply suggest a very user friendly, free calculator (which we have no affiliation) is just search:

“Free chase auto loan calculator”



$26,775 Amount Financed

5.5% APR

60 Month Term

Answer: Payment $511.43

Total Interest: $3,910.80

Total of Payments $30,685.00


$29,775.00 Amount Financed

0% APR

Answer: Payment $496.25

Total of Payments $29,775.00

Summery: On your deal, 0% came out to be $910.80 less than the REBATE, so obviously the better deal for you is 0%.

On my worksheet, using the same method, it turned out that the rebate was quite a bit more of savings, (only because I was financing much less) if I chose to finance more money perhaps the lines would cross sooner.

Final notes to remember:

1) If you choose to lower or raise you down payment and lower and raise your amount financed, the out come of “which one” is a better deal will vary. So, keep testing the different scenarios using the method provided above and you will find the best deal for you. Every time!

2) Be careful – No rebate is final, while low financing isn’t: Keep in mind this very important consideration: If you choose low financing over the rebate – essentially you just paid more for the vehicle and you can’t get that money back. However, you chose to do so in return for free financing terms. (Very smart) You did your homework, you made your decision based on solid factors and you made the overall least expensive decision. EXCELLENT WORK! Though, you must remember you made this comparison based on a 5 year repayment term. If you keep the vehicle for 5 years, and pay as expected you win, your calculations were perfect and you achieved the best deal for you. On the other hand, if something changes and for any reason you decide that you are not going to keep this vehicle beyond the second or third year… Then, you just gave back the benefit of the low financing. The variables have changed once again and the better deal swings back to the rebate. So remember, in the privacy non pressured environment of your own home; carefully consider all your options and likelihoods. For instance, if you know you don’t keep a vehicle beyond a couple of years, this must be included as a decision factors.