Employment law is an ever-changing landscape that most businesses struggle to navigate. Here is the truth behind four common employment law myths:
– An employee must be given three warnings before dismissal
There is no specific requirement under employment legislation that employers must give 3 warnings before dismissal. A series of warnings is likely to be appropriate when the disciplinary action relates to poor performance. Ultimately, the appropriate sanction depends upon the circumstances, and any policies or procedures that are in place.
– No contract in writing means no contract
Although a written contract is required by law, even a verbal agreement contract is binding. However, often it can be hard to prove what was agreed upon unless it is in writing.
– Serious misconduct allows for an immediate dismissal
Serious misconduct will often result in summary dismissal; however, employers must comply with the usual disciplinary procedures. This requires employers to invite the employee to a disciplinary hearing, allowing the employee an opportunity to respond.
– Deductions can be made from an employee’s wages for things such as lack of notice or covering business losses
The employee must consent to the deductions and are able to withdraw consent by giving notice in writing at any time.