Starting and ending employment brings legal responsibilities for both employers and workers. Clear processes at recruitment, during employment and at termination help reduce disputes and ensure statutory rights are respected. A key part of this is understanding employment status, as it determines the rights a worker can enforce and the obligations an employer must meet. Getting these issues wrong can expose employers to claims and undermine fair treatment at work.
Section A: Applying for a job
Job applications and recruitment decisions must be handled lawfully and fairly. Workers may have rights where a job offer is withdrawn, an application is rejected or references are provided. Employers should ensure recruitment practices are consistent, non-discriminatory and compliant with employment law.
Section B: Hiring someone
Employers must follow fair recruitment processes when hiring new workers. This includes making lawful job offers, carrying out appropriate checks and supporting new starters as they join the organisation. Clear onboarding processes help set expectations and reduce early disputes.
Section C: Employment contracts
Employment contracts define the legal relationship between employer and worker. The law requires certain terms to be provided in writing, including a written statement of employment particulars. Understanding employment status, contractual terms and the lawful use of non-disclosure agreements is essential.
Section D: Redundancy
Redundancy is a specific legal process with defined worker rights and employer obligations. Employers must follow fair procedures, consult appropriately and ensure redundancy decisions are lawful. Workers may be entitled to notice, redundancy pay and the right to challenge unfair selection.
Section E: Resignation, retirement and dismissals
Ending employment can happen in several ways, including resignation, retirement or dismissal. Employers must understand notice requirements, fair dismissal rules and the risks of unfair or constructive dismissal claims. Workers should also understand their rights when leaving a role.
FAQs
1. Why is employment status important?
Employment status determines what rights a worker has and what duties an employer owes. Employees, workers and self-employed individuals have different legal protections.
2. Is a written employment contract required?
While a contract can exist without being written, employers must provide a written statement of employment particulars setting out key terms of employment.
3. What makes a dismissal unfair?
A dismissal may be unfair if there is no fair reason or if the employer does not follow a fair process, subject to qualifying service requirements.
4. Do redundancy rules apply to all dismissals?
No. Redundancy is a specific type of dismissal relating to business closure, workplace closure or reduced need for work. Other dismissals follow different legal rules.
5. Can an employee resign without notice?
Most employees must give contractual or statutory notice unless the employer has fundamentally breached the contract, which may give rise to constructive dismissal.
Conclusion
Managing the start and end of employment lawfully is essential to fair workforce management. Employers who understand employment status, contractual obligations and termination rules are better placed to reduce legal risk and maintain clear working relationships. The topics above provide guidance on the key legal issues that arise when employment begins or comes to an end.
Glossary
| Term | Meaning |
|---|---|
| Employment status | The legal classification of an individual as an employee, worker or self-employed person |
| Written statement of particulars | A document employers must provide setting out key terms of employment |
| Redundancy | A form of dismissal related to business closure or reduced need for work |
| Unfair dismissal | Dismissal without a fair reason or fair process under employment law |
| Constructive dismissal | Resignation caused by a fundamental breach of contract by the employer |
| Notice period | The amount of notice required to end an employment contract |
Useful links
| Resource | Description |
|---|---|
| GOV.UK – Finding a job | Guidance on job applications, offers and recruitment |
| GOV.UK – Employment contracts | Overview of contracts, written statements and employment terms |
| GOV.UK – Redundancy: your rights | Worker rights and employer duties during redundancy |
| ACAS – Dismissals | Employer guidance on fair dismissal procedures |
| ACAS – Contracts of employment | Practical advice on contracts and employment status |
