Choose an option form the list or scroll down to view all information:
• FREQUENTLY ASKED QUESTIONS
.......When an offer of employment is agreed, can the offer be withdrawn?
.......When should you provide an employee with their written contract/written statement?
.......If our employees do not currently have a contract, can I just issue them with one?
.......When should employers notify changes to employee's contracts?
.......Are employees entitled to receive references?
.......What does the Disability Discrimination Act do?
.......When does discrimination occur?
.......What notice is an employee entitled to?
• WHO IS GORDON ASSOCIATES
• WHAT CAN GORDON ASSOCIATES DO FOR YOUR BUSINESS?
• PRODUCTS
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FREQUENTLY ASKED QUESTIONS
When an offer of employment is agreed, can the offer be withdrawn?
A contract of employment exists when an employer and employee agree the terms and conditions of employment. Prior to that stage, there is the offer of employment, if an employer makes an unconditional offer of employment; it can normally be withdrawn at any time before an individual accepts the offer. Many employers now make an offer of employment with a satisfaction clause, e.g. Satisfactory References. However, once the individual has accepted the offer, the employer cannot normally unilaterally withdraw it, as a contract will have been formed between the employer and employee.
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When should you provide an employee with their written contract/written statement?
Best practice for the employer is to provide written contracts/written statement when you offer an employee a position. Generally employer must give employees a written statement or Contract containing the main particulars of employment within two months of the beginning of the employment. All employees have the right to a written statement, failure to provide a contract/ written statement could result costs at a tribunal. They then accept or decline the position fully aware of the terms. This both prevents later misunderstandings and also ensures you meet your legal requirements regarding information to be provided to employees; if you do not provide the employee with a written contract when you send out your offer letter, an employee should be given their written contract within two months of the start of employment.
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If our employees do not currently have a contract, can I just issue them with one?
No. Even though they do not have a written contract, there is a verbal contract in place. Therefore you cannot change any terms or introduce new terms without their agreement. It is advisable that you consult with employees and give them an opportunity to raise questions or queries about documents and negotiate where possible. There are situation where you can insist on changes, but you should take further advice about this.
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When should employers notify changes to employee's contracts?
In writing within one month of the change.
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Are employees entitled to receive references?
Employers (except those covered by the Financial Services Act 1986) are not legally bound to issue references on ex-employees unless the contract of employment specifically gives the employer such an obligation.
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What does the Disability Discrimination Act do?
The Disability Discrimination Act 1995 makes it unlawful for employers to discriminate against current or prospective workers who have a disability or who have had a disability in the past. From 1 October 2004 the Regulations have removed the small employer exemption so that the Disability Discrimination Act applies to all employers irrespective of size. The employer also has a duty under the Disability Discrimination Act to make reasonable adjustments to either the workplace, workstation or working environment to help the disabled person cope with their disability.
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When does discrimination occur?
When an employer treats a person with a disability less favourably than he treats other people and this treatment cannot be justified. Discrimination also occurs if an employer fails to comply with a duty to make a reasonable adjustment in relation to the disabled person and the failure to do so cannot be justified
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What notice is an employee entitled to?
Under current legislation, an employee who has been continuously employed for a month or more but less than two years, will normally be entitled to receive a period of one weeks statutory notice to terminate his/her employment. However, if there is a contractual obligation to give a greater period of notice the contractual notice will take precedence.
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WHO IS GORDON ASSOCIATES
Gordon Associates is a Human Resources (HR) consultancy firm that works with small to medium size business enterprise ( SMEs). We strongly believe small firms are just as important as their larger counterparts, and are passionate about nurturing the needs of these organisations. In many cases, due to their size, smaller businesses may not feel there is a permanent need in their business for a HR department.
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However, with a myriad of employment legislation to consider, running an SME can be a risky venture. Gordon Associates provides flexible consulting packages that provide the perfect solution to suit most SMEs. We can help you make sense of legislation and assist you in understanding complicated employment laws. Failure to adhere to such legislation could incur significant penalties for your business as well as generate unwanted, and often negative, publicity
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WHAT CAN GORDON ASSOCIATES DO FOR YOUR BUSINESS?
We can help you to inspire your team with the same passion and values as you have for your company. This is an achievable goal that Gordon Associates can help your business facilitate.
Our aim is to offer the most contemporary HR methods and strategies in the market place today. And because Gordon Associates is aimed at SMEs, we can offer a package to suit your budgetary needs.
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PRODUCTS
Our products range from generic policies and ad hoc phone/email advice to a month-by-month advisory service. These can be obtained on a monthly retainer or ad hoc basis, whichever you prefer.
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