Andrea Thomas

A. I am often asked this when a client has received a complaint by an employee against another employee, and in most cases the answer to the question will be yes. Even if you know your employees well and think you know who is ‘right’ and who is ‘wrong’, it is important to ensure that you do not make assumptions and are fair to both parties. A good investigation can also uncover issues that you may not previously have been aware of, for example that someone’s management style is too assertive and may be perceived by others as being bullying. This does not mean that you have to dismiss that person and you may be able to resolve the situation through talking to the individuals concerned and providing training.

A. Possibly. This situation may be covered by the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE). The regulations protect the employment rights of employees in certain situations, for example when their employer’s business is taken over by someone else or where their employer loses a contract which is then taken over by someone else. However, the way in which TUPE applies to outsourcing situations is not straightforward and there are exceptions. Good legal advice can therefore essential in this situation to ascertain what your responsibilities are.

A. This will depend on the circumstances, but if there is any possibility of a claim against you, or if you are paying more than the employee’s contractual entitlement then the answer will often be yes. This is because employees cannot generally contract out of their statutory employment rights. There are very limited exceptions to this rule, one of which is where they have signed a settlement agreement and have received independent legal advice on the effect of the agreement.