What obligations/duties does the employer owe to the employee?

1. Duty to pay the employee the agreed amount if the employee arrives for work and can work. 

2. Provide the employee with work to do, (this is limited). However, for example, if the employee is paid by commission and the employer does not give the employee any work or if not working could damage the employee's reputation, for example, if you are a senior executive in a company. Then the employer may have broken their duty to the employee. 

3. Observe Health & Safety Regulations. 

4. Give employees correct information about rights under their contract. 

5. Give employees reasonable opportunity to have their complaints looked at. 

6. There is no duty to provide references to an employee, (except where the reference is required by the Financial Conduct Authority). However, if a reference is provided by the employer, the employer owes a duty to the employee to make sure the reference is completed with reasonable skill and care and is true, accurate and fair. The employer also owes a duty to the receiver of the reference not to make any negligent statements about the employee. 

7. The employer must provide a contract of employment within two months of commencement; many think that this can wait until after probation is completed (or otherwise) but the statutory requirement is to provide this within two months.

8. The employer and employee also owe each other a duty of "Mutual Trust & Confidence", basically they must show respect for each other. 

Examples of breaches: 

  • Harassing or victimising employees, particularly in front of other employees who are less senior than the victim. 
  • Physical violence by the employer or employee. 
  • Theft by employee. 
  • There is no duty to pay Contractual Sick Pay. 
  • There is an obligation on an employer to pay statutory sick pay for the first 28 weeks an employee is absent due to sickness in any period of 3 years. If an employee is eligible. 
  • Employees entitled to at least four weeks holiday in any one year period.

"5 stars - I had the the pleasure of working with Nichole throughout this process who has been extremely supportive and instrumental in gaining me my newest job role. I was helped every step of the way through her being open and allowing me to ask questions as well as interview prep and feedback which were vital to keep my mind as ease as it can be very stressful. She also listened to all my needs in terms of what type of role I thought would be best suited for me and she prioritised getting me as close to it as possible. Nichole is polite, professional and a dream to work with. Thank you so much again and to the whole team x Amazing company overall."
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