Legal Hazards
In HR, what you don’t know can hurt you. Ignorance of the law is never a valid defence at a tribunal, and the penalties for getting it wrong are rising. From the specific wording of a contract to the timing of a redundancy payment, a simple administrative oversight today can evolve into a five figure payout tomorrow.
Risk Management
10 Legal Hazards in HR
Most employers realise that employment law is a minefield. Do something wrong and it blows up in your face, becoming costly and time consuming to fix.
We have listed below 10 areas where you might want to think about “minesweeping” any potential legal hazards, just in case.
Liability & Conduct
Vicarious Liability & Harassment
Vicarious Liability
Employers are liable for discriminatory acts even if unknown. Defence: Prove “reasonably practicable steps” were taken.
Vicarious Harassment
Under the Protection from Harassment Act, employers can be liable for unacceptable behaviour on at least 2 occasions.
Third Party Harassment
If customers or suppliers harass your employees and you do nothing about it, you could be held liable.
Termination & Change
Redundancy, Dismissal & TUPE
High stakes moments where procedural errors lead to automatic unfair dismissal claims.
Redundancy & Maternity
Pregnant women have a priority right to vacancies. Failing this is automatic unfair dismissal and likely sex discrimination.
Dismissal Wording
Tribunals consider how a “reasonable listener” would understand your words. Ambiguity leads to lost cases.
Changing Terms (TUPE)
Beneficial changes are acceptable; detrimental ones are not. Beware of “firing and rehiring” risks.
Process & Paperwork
Administrative Hazards
Administrative errors are no longer just “typos”, they carry criminal records and heavy fines.
Providing Particulars
Failure to provide written particulars within 8 weeks can result in 2-4 weeks’ compensation.
Information Requests
Failure to comply within 14 days can result in a fine of up to 80x minimum wage.
Redundancy Calcs
Always provide a written calc statement. Failure can lead to a fine and a criminal record.
Time Off
You must allow paid time off to look for work during notice. Failure costs up to 40% of a week’s pay.
Safety First
Don't Step on a Mine
It is a minefield out there. Be careful of these legal hazards. If you are unsure about a contract, a dismissal, or a redundancy calculation, get it checked first.
Recommended Further Information
Avoid complex legal hazards in HR with our expert guidance, tailored for businesses operating in Finchley, London, and the Home Counties.