This page contains a Flash digital edition of a book.
10 news/legal expert Employment myths exposed


Employment law is shrouded in myth. Gemma Cook, head of Glanvilles employment team, dispels some of the most common misconceptions


No written employment contract means there is no employment contract


Employers are obliged to provide a written statement of employment particulars within four weeks of an employee commencing employment. Failure to do so can result in the employee being entitled to bring a claim for up to £1,800. If there is no written contract the terms of the employee‘s contract will be governed by any terms offered verbally or in correspondence. Terms can also be implied in to the contract based on your conduct.


Gross misconduct means that you can sack an employee on the spot without following any procedure


Very rarely would it be appropriate to dismiss an employee on the spot. The safest course of action when an employee is suspected of gross misconduct is to suspend the employee immediately, carry out an investigation and then invite the


employee to a disciplinary meeting so that they can put forward their side of the story. If you do not follow a fair procedure the dismissal may be found to be ‘unfair‘ by a tribunal despite the reason for the dismissal.


You can sack anyone with less than two years‘ service for any reason


The general rule is that an employee cannot claim unfair dismissal if they have been employed for less than two years (one year if employment commenced prior to April 2012). There are, however, 20 specific reasons (such as dismissal for raising health and safety concerns) for which unfair dismissal can be claimed as soon as the employee starts work. There is no qualifying period for discrimination claims and it is always advisable to follow a fair procedure when dismissing any employee (regardless of length of service) in order that the reason for the dismissal can be explained to the employee.


Payment of own tax and NI means that someone is self-employed


Whether someone is employed or self-employed depends on the relationship between the parties and is not determined solely by reference to the method by which tax is paid. If the employer has a high level of control over the worker they may in fact be an employee.


You cannot give a bad reference


Employers are under an obligation to give an accurate and truthful reference. If for example an employee has a disciplinary record that that has been fully recorded and documented this could be mentioned. However most employers decide, to avoid any problems, that they will only give a basic factual reference.


Making mistakes when it comes to employment law and following incorrect procedures can be costly. You may find yourself in the employment tribunal having


Gemma Cook


to pay legal fees to defend a claim that could have been prevented. Most employers act in good faith when making decisions relating to employees and do not always realise the procedural ‘hoops‘ that you need to jump through. If in doubt you should obtain advice prior to making a decision as it is much easier to try and prevent a claim.


Details: Gemma Cook 01983-527878 g.cook@glanvilles.co.uk www.glanvilles.co.uk


PwC celebrates triple deals success LEGAL SERVICES


Professional services firm PwC is celebrating after a triple success at the 2013 Solent Deals Awards.


Small claims track introducing our new fixed fees


Both Deal of the Year (over £25 million), won by the Haystack Dryers deal team, and Deal of the Year (under £25m), won by the PIMS Environmental Services deal team, were transactions advised on by the PwC deal team.


“Our approach is friendly and sympathetic, our advice clear and understandable...”


Our fixed fees Small claims track


Letter before action Court papers Claim form and Particulars of Claim or Defence


Witness statements To review witness statement prepared by you


Witness statements To prepare witness statement for you


Representation Representation at final hearing (up to 3 hours)


£120 £250


inc. VAT inc. VAT


up to£250 up to£350 £600


inc. VAT inc. VAT inc. VAT


West Wing, Cams Hall, Fareham Hampshire PO16 8AB


Tel. 01329 282841


Langstone Gate, Solent Road, Havant, Hampshire PO16 8AB


Tel. 023 9249 2300 www.glanvilles.co.uk © Glanvilles LLP 2013. Regulated by the Solicitors Regulation Authority. SRA number 507970. www.businessmag.co.uk


The Courtyard, St. Cross Business Park, Newport IW PO30 5BF


Tel. 01983 527878


Fortis House, Westridge Business Park, Ryde IW PO33 1QT


Tel. 01983 527878


In addition, the Inventif RMA deal won Management Team of the Year, a category sponsored by PwC. Transaction services director Becky Bridgen presented the award to the company.


The acquisition of Inventif RMA, known as RMA Consulting, by Japanese IT giant NTT DATA, allowed the company to expand into a truly global reach. With a background in software design and consultancy, RMA‘s two managing directors Peter Lelliott and Chris Boulter, had identified significant potential for the company to provide market-leading, user-led rich Internet application software platforms addressing complex business problems for global corporations.


In the space of three years, they grew the company from £3.5m turnover to over £8m turnover on disposal and completed a number of multi-million pound design and installation projects for international banks and public sector organisations.


They also developed significant corporate relationships, including working with Adobe to be the preferred outsourcer for complex design consultancy projects, while also securing high-value, multi-year design contracts with banks and public sector firms.


The management team completed a restructuring of the company in February 2012, allowing the exit of a shareholder, which was followed by the disposal to NTT DATA last October, with both Boulter and Lelliott remaining on board.


Due diligence on the deal was conducted by PwC.


For full details of the Solent Deals Awards, run by The Business Magazine and staged at St Mary‘s Stadium, Southampton, on June 6, see pages 26-36.


THE BUSINESS MAGAZINE – SOLENT & SOUTH CENTRAL – JULY/AUGUST 2013


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48