Archive for the ‘Employment’ Category

State Laws and Employer I-9 Employment Verification Responsibilities

Many states have enacted “mini-I-9” laws. Employers, especially companies that operate in more than one state, must closely monitor their compliance with the employment eligibility and verification laws for each state in which they do business.

The most common regulation states have imposed on businesses in recent years is requiring employers to use the federal E-Verify system to confirm workers’ immigration status and employment eligibility or work authorization, specifically illegal immigrant employment eligibility, work authorization and immigration status.

E-Verify is an Internet-based system operated by Department of Homeland Security (DHS/U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility or work authorization of new hires and the validity of their Social Security numbers.

Employers or "Designated Agents" (e.g., payroll companies) must register online and agree to the terms of participation to use E-Verify. [Registration includes agreeing to the DHS/Immigrations and Customs Enforcement (ICE) Memorandum of Understanding (MOU). A discussion of the ICE E-Verify MOU is outside the scope of this post.]

E-Verify will soon be required of all federal contractors. DHS is now promulgating "final" E-Verify regs. I present an E-Verify overview and update in this post.

(The National Conference of State Legislatures does a remarkable job of monitoring these new developments and I include a variation of their chart and summary of the new state legislation below.)

Review of Relevant State Laws

State Laws Requiring Use of E-Verify

The Arizona Fair and Legal Employment Act (HB 2779), enacted in 2007, prohibits employers from knowingly hiring unauthorized workers and requires all employers to use the Basic Pilot Program to verify employment eligibility. It establishes substantial penalties and threatens noncompliant employers with suspension and potential revocation of their business licenses. Effective date Jan. 1, 2008.


Colorado HB 1343 (signed 6/6/2006) prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal immigrants and requires prospective contractors to verify legal work status of all employees. The contractor must confirm that the Basic Pilot Program has been used to verify the status of all employees. If the contractor discovers that an illegal alien is employed, the contractor must alert the state agency within 3 days.

The Georgia Security and Immigration Compliance Act, SB 529, covered employment, enforcement, and benefits and was signed by the Governor on April 17, 2006. The bill requires public employers, contractors and subcontractors with 500 or more employees to participate in E-Verify for all new employees beginning July 1, 2007. The law is phased in for public employers, contractors and subcontractors with 100 or more employees effective July 1, 2008; and for all employers by July 1, 2009.

Executive Order
On December 13, 2006, Governor Jim Risch issued an executive order requiring that state agencies participate in the E-Verify system. Also, all workers employed to the state through contractors must also be from companies that have been verified to have eligible employees.

Minnesota Executive Order
Governor Tim Pawlenty issued an executive order on Jan. 7, 2008, stating that all hiring authorities within the executive branch of state government as well as any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program. The Executive Order’s effective date is January 29, 2008.


Mississippi SB2988 (signed 3/17/08) requires public and private employers to participate in E-Verify. The phase-in period is: all government agencies and businesses with more than 250 employees by July 1, 2008; companies with 100 to 250 employees by July 1, 2009; those with 30 to 100 employees by July 1, 2010; and all remaining companies by July 1, 2011. An employer violating the law is subject to the cancellation of public contracts, ineligibility for contracts for up to three years, and loss of business license for up to one year. The law also makes it a felony to accept or perform employment knowing or in reckless disregard of the immigrant’s ineligibility to work, with penalties from one to five years of imprisonment and/or $1,000 to $10,000 in fines.

North Carolina
All state agencies, offices, and universities must use E-Verify, required by SB 1523 in 2006. This applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.

The Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) addressed multiple issues: transporting and harboring, driver’s licenses, public benefits, law enforcement and employment. It made it a felony to transport or harbor unauthorized immigrants, with exceptions for health or benefits guaranteed by federal law. It requires public employers, contractors and subcontractors to participate in a federal electronic employment verification system and requires income tax withholding for independent contractors who do not have valid Social Security numbers. The law became effective Nov. 1, 2007.

Rhode Island
Executive Order
On March 27, 2008,Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify.


SB 81 was signed into law 3/13/08. The law address multiple issues, including driver’s licenses, law enforcement, harboring and transporting, public benefits and employment. It requires public employers to register and use the Basic Pilot program for new employees; state contractors must use Basic Pilot effective July 1, 2009. The law makes it a Class A misdemeanor to conceal, harbor, transport or shelter undocumented immigrants, though church, charitable and humanitarian assistance groups are exempted.
Encourages the Use of E-Verify (1)


HB 729, signed into law on June 26, 2007 and effective January 1, 2008 states that employers who "knowingly employ, recruit or refer for a fee for employment an illegal alien" are subject to a temporary suspension of their business license; repeat offenders are subject to a one-year suspension. Employers who comply with the requirements of the current I-9 process or who verify new hires through the E-Verify within 14 days of employment are shielded from sanctions.

One State Limits The Use of E-Verify
Illinois enacted HB 1744, which bars Illinois companies from enrolling in any Employment Eligibility Verification System until accuracy and timeliness issues are resolved. Illinois also enacted HB 1743, which creates privacy and antidiscrimination protections for workers if employers participating in E-Verify don’t follow the program’s procedures.

State Laws Targeting Employers On Immigration Status

Current Litigation Over State Laws: Federal Pre-emption
Two lawsuits now making their way through the federal court system could restrict states’ ability to continue to crack down on businesses that hire unauthorized workers. One is a court challenge to the 2007 Arizona employer sanctions law filed by a coalition of Arizona trade groups. In February, a federal judge denied the coalition’s request to delay implementation of the law with a temporary restraining order, and the plaintiffs took their case to the U.S. Ninth Circuit Court of Appeals. Oral arguments are scheduled for this summer and a decision is expected in the fall.

Another lawsuit making its way through the federal courts originated last year in Hazleton, PA, where a local ordinance enacted in 2006 denies business permits to employers who hire illegal immigrants and fines landlords who rent to them. In a ruling issued last summer, a federal judge struck down the Hazleton ordinance, saying it treads on federal terrain and violates illegal immigrants’ constitutional right to due process.

The town is appealing the decision, and the case will be heard in the U.S. Third Circuit Court of Appeals this summer. A decision in this case is also expected in the fall.

If the two appellate courts hand down similar rulings; either both upholding the local laws, or both asserting federal authority, the battle over federal preemption could end there. But if the courts hand down opposing decisions – one supporting state authority and the other backing federal preemption – the debate will likely go to the Supreme Court. The consequence: no clear direction for state lawmakers for at least a year or two.

Many legal experts say the bills being passed in state capitals are not constitutional, and many of the new laws are being challenged in court. The U.S. Constitution gives federal law “supremacy” over state statutes. My personal understanding of the fundamental “pre-emption” issue is that the federal laws do not pre-empt these state laws. Frankly, this is a very complex constitutional issue.

The 1986 Immigration Reform and Control Act (IRCA) explicitly prohibits states from imposing sanctions on businesses that hire unauthorized workers. But one phrase in the 1986 law – a seven-word parenthesis allowing states some leeway in the matter of “licenses and similar laws” – has created a contested gray area.

Many states have taken the IRCA parenthesis to mean they have the authority to suspend or revoke the business licenses of employers who hire unauthorized workers. Businesses and many constitutional lawyers disagree.

“You have this complex overlay of statutes and regulations and court cases, and you’ve got this federalism question of what has traditionally been federal power and what the states can do,” Jan Ting, a Temple University law professor, told the Washington Post. “There could not be an area of law that is less clear than this.”

Because states have until recently stayed away from imposing sanctions for immigration violations, federal preemption has rarely been tested and few court precedents exist.

Private Rights of Action
While E-Verify requirements have so far proven the most popular method to deter the hiring of illegal immigrants, some states are beginning to make use of another tool: giving employees a “private right of action.” Oklahoma was the first state to pass such legislation, in 2007, allowing fired U.S. workers to sue their employers if unauthorized workers were subsequently found to be working in their place. Mississippi, Utah and South Carolina followed with similar provisions this year, allowing fired workers to sue if they are then replaced by illegal immigrants. Some say the laws could open businesses to lawsuits if they employ any unauthorized workers, whether or not they have hired them to replace fired legal workers. Other states are expected to adopt this approach next year.

Also still in place are provisions mandating that all businesses in Arizona enroll in E-Verify and allowing prosecutors to investigate anonymous tips made against businesses alleged to be employing unauthorized workers.

State Felony Laws
Companies should also be concerned about a Mississippi law that makes it a felony for illegal immigrants to accept unauthorized employment. Violators are subject to imprisonment from one to five years and fines of between $1,000 and $10,000. And while the measure seemingly applies only to unauthorized workers, if I had clients who do business in Mississippi I would be strongly cautioning them. I have many clients, both individual and business, where the kind employer assists driving the very good employee to work because the employee does not have a valid state driver license because s/he lacks immigration status. In my opinion a business can be prosecuted for aiding and abetting a felony or harboring a felon under this law.

Oklahoma also imposed felony penalties, in 2007 – in that case, against anyone caught transporting, concealing, harboring or sheltering illegal immigrants in any location,
including any building or means of transportation. Utah, Missouri and South Carolina passed similar measures this year, and many fear the provisions could be used against employers who knowingly hire unauthorized workers.

About Immigration Attorney Gerald Goulder

I have been a licensed attorney and counselor at law for over 28 years. I practice exclusively immigration and visa law for individuals, families and businesses, not just in North Carolina, but in many states and throughout the world.




At present 49 Employment Exchanges are functioning in the State, 18 as District Employment Exchanges, 25 Town Employment Exchanges, one for Physically Handicapped Persons, 4 Divisional level Employment Offices, one Overseas Employment Cell. The main functions of the Employment Department are detailed as below:

i. Registration and placement of job-seekers in gainful employment.

ii. Providing Vocational and Career Guidance to job-seekers who visit Employment Exchanges as well as to students of Schools Colleges and Universities

iii. Publication and dissemination of occupational and career guidance literature.

iv. Enforcement of the Employment Exchanges (Compulsory Notification of Vacancies) Act 1959.

v. Disbursement of Un-employment Allowance to the educated un-employed registrants.

vi. Occupational Information Unit in Directorate studies and analyses various occupants, collects and compiles occupational information regarding training facilities available in the State.

vii. Collection and compilation of statistics regarding Employment Market Information.

viii. Providing employment assistance and guidance to those persons who are desirous of going abroad for employment, higher education or professional training.

The main objective of this programme is to provide guidance and employment counselling to students of schools/colleges and un-employed youth registered with the Employment Exchanges keeping in view their educational and mental capacities, interests, aptitudes and present employment trends. The Vocational Guidance is free and voluntary and is available to all the registrants and the students of schools colleges and universities. 15 Vocational Guidance Units and four Deputy Directors (Vocational Guidance) are functioning in the State. EMPLOYMENT MARKET INFORMATION
This programme envisages quarterly study of employment situation in the state. The information thus collected is analysed, compiled and submitted to the Director General of Employment & Training, Government of India, Ministry of Labour, New Delhi and State Planning Board for formulating manpower scheme. This programme helps in identifying the changes in the pattern of employment and occupations in the State and extent of shortages and surplus of various types of workers. the programme covers all establishments in Public Sector including Quasi Government establishments and those in Private Sector (Non-Agricultural) which normally employ 10 persons or more. ENFORCEMENT OF COMPULSORY NOTIFICATION OF VACANCIES ACT-1959
With a view to ensuring proper compliance of the provisions of Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and Enforcement Cell was setup in the Directorate of Employment Punjab in July 1974. Its main purpose is to acquaint and guide the employers both in Public and Private Sectors about the provisions and requirements of the said Act to notify all the vacancies to the nearest employment exchange. UNEMPLOYMENT  ALLOWANCE TO EDUCATED UNEMPLOYED PERSONS
The Government is giving top priority to the promotion of self-employment in the State particularly among the educated un-employed youth. In order to have information about the different viable projects in each District, Department of Employment got the Self-employment surveys conducted through an agency NITCON. SPECIAL EMPLOYMENT EXCHANGE FOR PHYSICALLY HANDICAPPED APPLICANTS
A Special Employment Exchange for Physically Handicapped is functioning at Ludhiana providing employment assistance to these categories of Physically Handicapped job-seekers i.e. the Blind, the Deaf and the Dumb and the Orthopaedically Handicapped persons of the State, according to their residual capacity, mobility and the degree of disability. Recently, the exchange is given the responsibility of verification of records of employers and placement under PWD Act, 1995. CAREER LITERATURE/PUBLICATION
A Career Study Centre was established in 1971 in the Directorate of Employment Punjab on the guidelines supplied by the Directorate General of Employment & Training, New Delhi. The main purpose of centre is to prepare Career literature and publications. OVERSEAS EMPLOYMENT SERVICE
The youth, of Punjab Immigrate to other foreign countries with a plenty of goodwill and technical expertise in their field. Basically they are very dedicated and hard working lot. As a matter of fact, it is on record, that they are contributing a great deal in the promotion of the economy of the country, wherever they are settled. In order to help young men and women in finding a right type of job abroad and at the same to provide best of talented applicants to the Foreign Employers. Govt. of Punjab have strengthened the Overseas Employment Cell by creating a very strong computerised data base, therein all types of applicants are available. Foreign Employers can be provided with candidates according to their requirements at the shortest possible notice.


For more information one can contact the department directly. THIS IS ONLY FOR INFORMATION. NO CLAIM IN ANY CHANGE.

B.Sc.(Med.), B.Ed., M.A.(Edu.), M.Litt.(Edu.), Ph.D.(Edu.Psy.)PGDCA. Served as Science Master, Employment Department as Vocational Guidance Officer. Retired from Employment Department, Punjab India as Dy. Director (Off.) Serving now Arihant Computer Center and Many Medical Hospitals such as Sadbhavna Medical & Heart Institute.



Department of Employment Generation and Training

It is to understand nomenclature has changes not the ACT of 1959
Employment Department, Punjab has changed its name from Department of Employment Punjab to Department of Employment Generation and Training, Punjab.

After the 2nd world war in 1945, for orderly absorption of the released service personnel and other war workers; the need for an organisation to handle this complex problem in a uniform manner was felt and in July, 1945 “Directorate General of Resettlement and Employment " was set up

In 1947, after partition of the Country this Directorate was entrusted the job of resettlement of a large number of displaced persons (refugees).

In early 1948, the Employment Exchanges were thrown open to all categories of applicants which required transition of Employment Service from a resettlement agency to an all India placement organisation.

On 1-11-1956 the day to day administration of the Employment services was handed over to the state governments. So now the Employment service is the joint concern of the Central and State Governments where the Central Government formulates national policies, standards and procedure to be followed by the Employment Exchanges in the states; coordinates the work of the Employment Exchanges in the states; plans and formulates programmes for expansion and development of the services; conducts training programmes for employment officers and other such works which are required for the betterment of these services whereas State Governments fully control the Employment Exchanges in their respective states.

In 1959 The Employment Exchanges Compulsory Notification of vacancies Act was enacted by the Parliament and after notification of its rules, it came into force from 1-5-1960. Under the provisions of the Act all the establishments in the public sector and all the establishments in the private sector normally employing 25 or more workers are required to notify their vacancies and also render quarterly and biennial returns to the Employment Exchange of their area.

Creation of new Department of Employment Generation A new Department of Employment Generation and Training has been carved out of the Department of Labour and Employment vide Govt Notification No. 18/16/2007-GC(2)/7219 Dated 11-04-2007 and 31-07-2007 with the following main objectives:

To develop a vision, strategy & policy framework for employment generation & training
To suggest measures to derive synergy of the plans and programmes of various departments working directly or indirectly for employment generation and vocational training. To advise on institutional and organizational mechanism for effective implementation of the action plan for employment generation and the vocational training to make the youth really employable by enhancing their skills and competencies. To regularly plan, implement, monitor and oversee employment generation action plans in the State and advise on the future steps to be taken. To facilitate manpower planning and vocational training in all the key sectors of the economy. Bringing out critical gaps in various services sectors and facilitate addressing these gaps as per the requirement of the national and international market.
To identify and advise on the regulatory aspects of job oriented training policies. Facilitate establishing more job oriented vocational institutions in the Public Private Partnership Mode in line with the requirement of skilled manpower and enhancing the capacity of the existing institutions. Harnessing the potential of various self help youth groups and educational organisations of repute.

Present Functions of the Employment Department:   1. Registration of job seekers for placement against notified vacancies. 2. (a) Providing education and vocational information to students, applicants and parents. (b) Collects compiles and disseminates information about various self employment schemes being offered by various departments of the state. The Employment Officer identifies and motivates candidates from the Live Register for adopting self employment as a way of life. (c) Prepares and distributes career literature free of cost to schools, colleges and libraries. Available career literature in English language is also translated into regional language for its better understanding at the grass root level. 3. Under the Employment Market Information programme information of the manpower market is collected and compiled for state and national level planning. 4. The department works for the implementation of various sections of The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. 5. Disburses unemployment allowance to Educated Unemployed applicants registered with the employment exchanges with specified terms & conditions as per “The Punjab Payment of Unemployment Allowance to Educated Unemployed Persons Rules – 1978”. 6. Provides employment assistance and guidance to persons desirous of going abroad through its Overseas Employment Cell. 7. A special employment exchange provides employment services to disabled persons by approaching employers and motivating them to employ physically challenged but otherwise eligible applicants. 8. Implements employment related sections of "Persons With Disabilities Act 1995". New functions and roles of the Department In addition to the present functions, the Department will be performing following new functions:
i) Enhance the employability of Punjab Youth by improving their Vocational and soft skills
ii) Vocationalisation of education system at school and college level and to facilitate Vocational training for school drop-outs and informal sector
iii) Promote Entrepreneurship and self-employment
iv) Prepare Punjab Youth, through rigorous trainings, for employment in Defence services and other jobs based on competitive examinations.
v) Fully prepare Punjab youth for overseas opportunities through enhancement of vocational skills and foreign language skills and by providing emigration assistance.
vi) Upgrade Existing Employment Exchanges to Electronic Employment & Training Bureaus
vii) To make available some of the employment services through Suwidha Centres at District/Subdivision level and Kiosks at village/ town level.
viii) Every University, deemed university and selected institutions to be notified as an e-employment exchange in their respective areas to make their services easily accessible.
ix) Conduct Manpower Survey and Job Survey to assess skill and competency gaps.
x) Vocational Awareness, Counseling and Guidance to Punjab Youth, administering profiling tests.
xi) Identification, Fine Tuning and Design of Training programmes.
xii) Apprenticeship training to be effectively administered and monitored
xiii) Active involvement of C-PYTE in every district for training of youth is important.
xiv) Make it compulsory for all the institutions and selected schools to establish at least 20% to 30% seats on Vocational Education by addition/ conversion
xv) Examination and certification of training and skills
xvi) Liaison for placement of Youth with corporate, recruitment agencies
xvii) Organise Job festivals, job melas, seminars, conferences etc. for job placements
xviii) Foreign Training and Employment Bureau for providing employment assistance, guidance, and training to the Punjab Youth desirous of going abroad for employment and business opportunities in the foreign countries like Canada, USA, Europe, Australia, Middle East etc.
xix) Liaison with foreign manpower ministries and employers
xx) Check on the activities of unregistered agents.
xxi) Pre-Departure cum orientation programme.


B.Sc.(Med.), B.Ed., M.A.(Edu.), M.Litt.(Edu.), Ph.D.(Edu.Psy.)PGDCA. Served as Science Master, Employment Department as Vocational Guidance Officer. Retired from Employment Department, Punjab India as Dy. Director (Off.) Serving now Arihant Computer Center and Many Medical Hospitals such as Sadbhavna Medical & Heart Institute.

How to Complain to Employment Tribunals & Procedures in Complaning to ET


Employment Tribunals rule on employees' claims from employers ~below are what claims lie to Employment Tribunals, how -what are involved at Employment Tribunals.

What Employment Tribunals cases involve, before, during, after, are similar whether one is claiming unfair dismissal under the Employment Relations Act, or wrongful dismissal -breach of Contract under Employment Tribunals Act...

So also, whether racial or colour prejudice or sex discrimination in Equal Opportunities laws, or under Employment Rights Act constructive dismissal, asserting a right, whistle blowing, or sexual harassment or race victimization.

The information below, relate to individuals, free remedies, rather than Union collective agreements in labour relations, about workers' in law most often sought by individuals at Employment Tribunals in employment disputes on employment rights.

Industrial relations being about work rights employee complaints in industrial disputes are over workplace rights.

Under employment law employee rights include use of Employment Tribunals in employment disputes to judicially test workers rights in employment relations legislation -whether employment rights were denied.

Most common workplace disputes at Employment Tribunals are employment termination complaints -unfair dismissal under statute law or wrongful dismissal in common law as breach of contract within Employment Tribunals jurisdiction.

Employment Tribunals may only deal with wrongful dismissal complaints after the employment termination has taken place (but it does not matter if one was on one's probationary period, because the contract of employment comes into existence the moment the employer offers the job and the employee accepts it) ~Employment Tribunals awards are normally pay in lieu or notice in writing expressly agreed or what is 'reasonable' (usually a minimum of a week's pay if one is paid weekly, or a month's salary if one is monthly paid) -industrial tribunals also award financially measurable damages in other respects normally if expressly agreed in writing and for financially measurable loss which can be shown to Employment Tribunals to have been in the reasonable contemplation of the parties when contracting [as distinct from 'reasonably foreseeable'] but about half of what County Courts may is what may award Employment Tribunals.

Unfair dismissal claims may be begun only at Employment Tribunals ~the maximum award can be higher for unfair dismissal than for wrongful dismissal -but in employment law one may not complain of this unless one has been employed by the employer for at least a year or it is one of the exemptions e.g. arising from protected acts.

Exceptions in unlawful employment termination as unfair dismissal, in employment legislation, normally, are: if the complaint is that it was because of racial discrimination, or disability or religious belief or sex discrimination or sexual harassment, or in any of those respects because one with good reason or bad but in good faith did something and it was victimization; or that it was employer retaliation to a protected act, if one sought rightly or wrongly but in good faith to assert a statutory right of the kind that one could ask Employment Tribunals determine the details of -e.g. pay statement or unlawful deductions, or, if one mistakenly or not but in good faith and in the public interest informed on the employer a person or body proscribed by law for that purpose in respect of some unlawful practice ~in these cases it does not matter if one has been with the employer for a very short time, one is still entitled to employment protection by complaining to Employment Tribunals -but in these proof is the complainants' (usually Employment Tribunals hold a preliminary hearing to see if the complaint qualifies as an exemption for a full merits hearing -if a full hearing succeeds Employment Tribunals may not award notice pay if that employment was shorter than a month).

Constitution of Employment Tribunals is that Employment Tribunals, normally, each has three members ~a Chairman who is legally qualified and two lay members one acceptable to Unions and the other to Industry -they vary with each case and two might do if one is absent -even if it is its chairperson who has a casting vote (most are full time chairmen ~county or crown court judges may also chair -employed part time).

(Employment Tribunals are courts of record; it is unlawful to subject them or their members or their decisions to criticism, except in legal proceedings to appellate courts local or higher, in any way that is civilly or criminally forbidden under contempt of court laws ~Council on Tribunals may not observe e.g. 'private' Employment Tribunals hearings -Employment Tribunals Service as a public body may be alleged e.g. mal-administration against to Ombudsman (UK, or directly EU).)

>> There is a time limit in Employment Tribunals Rules of Procedure for lodging complaints with Employment Tribunals ~regardless of which of the types above normally it must be received by the Employment Tribunals not later than three months (within 90 days) from the date of employment termination or from when the employee came to know of the employment relations matter complained of ~normally the actual day on which e.g. one was dismissed is not counted for lodging a complaint with Employment Tribunals -the first day is the day that follows it and the last 'day' ends at midnight .

>> Employment law has two additional requirements:-

Before complaining, especially if unfair dismissal or wrongful dismissal -unlawful termination of employment, to Employment Tribunals one must first write to the employer by way of an internal appeal if the complaint is about unlawful termination of employment, or as a claim or enquiry if the complaint is about only e.g. unlawful deduction from pay ~one must allow the employer 28 days to respond -but the time limit to complain to Employment Tribunals (three months) is still as above -not from after then.

Also one must agree to ACAS (Advisory Conciliation and Arbitration Service) first trying to see, especially if wrongful dismissal or unfair dismissal, if there can be a conciliation, if a mutually satisfactory settlement can be reached on employment rights dispute, without a hearing by Employment Tribunals ~Employment Tribunals copy the complaint to ACAS who then contacts one ~complainants are not bound by any settlements with employers, even if signed -unless through ACAS or lawyers can still sue at the Employment Tribunals.

>> Employment legislation involves also some considerations:-

If the complaint to Employment Tribunal is one of wrongful dismissal -the unlawful termination of employment was by way of breach of contact (e.g. without notice or pay in lieu), then also the employer is entitled to argue that about one ~and to the extent that Employment Tribunals find that the employee was also in breach of contract any monies awarded for wrongful dismissal may be reduced -if it is genuinely a fundamental breach (i.e., goes to the heart, the root, of the employment relationship making it impossible).

In a complaint to Employment Tribunals of unfair dismissal -that unlawful termination (as distinct from wrongful dismissal) was in employment longer than one year and not for a reason fair (i.e. such gross incompetence or gross misconduct or taking into account the employers resources 'some other substantial reason' justifying dismissal claimed to be unfair dismissal) or that regardless of the length of employment unlawful termination, unfair dismissal, resulted from a 'protected act' of the employee or under any of the exemptions (as listed above), reinstatement or reengagement is not necessarily ordered if asked for ~if the Employment Tribunals think that trust and confidence considered necessary between the employee and the employer has been irreparably damaged then compensation is awarded -compensation for unfair dismissal may include, especially in e.g. sexual or racial discrimination cases, exceptionally, injury to feelings award of unlimited amount.

In any kind of complaint to Employment Tribunals -not only if there has been unlawful termination of employment by way of wrongful dismissal or unfair dismissal but any kind of workplace dispute relating to the employment relations, while normally there are no costs involved, if the complaint is 'unreasonable' (so totally groundless and 'misconceived' with no reasonable prospect of success -or vexatious or frivolous or scandalous [in the conduct of the proceeding in the circumstances, Block -v- Chapman, 2002, EAT, and, Bennett -v- Southwark Borough Council 2003, CA, if relevant in the context] ~especially if one was warned by Employment Tribunals -subject to Employment Tribunals' duty to hear one), costs may be awarded against one of the other -including fees and expenses of lawyers instructed for that Employment Tribunal.

Also, in any type of complaint to Employment Tribunals, especially if wrongful dismissal (i.e. breach of employment contracts), one is expected to mitigate one's financially measurable losses ~to the extent that Employment Tribunals think that one has not any compensation may be reduced (also when unlawful termination is not wrongful dismissal but unfair dismissal).

Where Employment Tribunals order re-instatement or re-engagement following unfair dismissal, such orders are not enforceable; if the employer refuses to comply compensation is substituted ~any monies ordered by Employment Tribunals to be paid, be it for unfair dismissal or wrongful dismissal (or unlawful deductions or holiday or notice pay or damages or injury to feelings or compensation -any monies) can not be enforced by Employment Tribunals -one must apply to a Country Court for payment enforcement (minus from damages or compensation for unfair dismissal or wrongful dismissal, where applicable, any unemployment pay received).

Employment Tribunals, in unfair dismissal, may not order re-instatement to positions filled ~and employers can not be ordered by Employment Tribunals to give references -but if in retaliation to complaint to Employment Tribunals in exempt cases it is victimization, if is defamatory and one can sue without legal aid it is in Tort slander -if injures, or libel.

Complaint forms are sent by Employment Tribunals upon request in good time and may be lodged by hand with Employment Tribunals or by post -allowing 2 days for receipt by Employment Tribunals, or fax, or internet -contacting Employment Tribunals if in 5 days unacknowledged.

The branch of Employment Tribunals to complain to is the one on Employment Tribunals' list officially local to the employer.

A copy should be kept of the complaint and posting certificate or fax log -for Employment Tribunals in case of non-receipt.

It is better to first make a copy of Employment Tribunals complaint form before filling it in to use to e.g. re-phrase ~most fill it in hand-written -or write in the Particulars (what happened) part 'as attached' enclosing it word-processed.

Employment Tribunals may ask any dates one is not available.

Communications by a party to Employment Tribunals, and by Employment Tribunals to a party, are, as Employment Tribunals policy, copied to the other -by post.

After one lodges with Employment Tribunals a complaint (Originating Application), one may want to add another complaint or to amend it, or may need not readily available witnesses or documents in support of his case -it is better to wait for some three weeks to first receive from the Employment Tribunals a copy of the employer's formal reply (Response); then one may write to the party one wants as witness or for any documents one wants to see (Inspection) or copied one at cost (Disclosure) or to be brought to the hearing (Production) and if refused may apply to the Employment Tribunals to Order them ~precedent suggest that amendments may be allowed if clear from particulars that what was meant is as applied to amend (Kay -v- Swiss Life & Health Insurance 2002 EAT) -a new complaint may be allowed to be added (Ashworth Hospital Authority -v- Liebling 1996 EAT) if it arises from same issue involved in complaint already made.

One may be asked Employment Tribunals (Directions) to list any financially measurable loss claimed -as compensation if unfair dismissal, or as damages if breach of contract -wrongful dismissal ~within normally 2 weeks to inform Employment Tribunals with direct copy employer.

The complainant (Applicant) and the employer (Respondent) are likely to receive Directions from the Employment Tribunals to normally not later than 14 days before the hearing exchange lists of Documents they intend to rely on, and not less than normally 7 days before the hearing to exchange any Witness Statements (their own and anyone else's oral evidence -in written form, to be read out at the hearing); and that both should agree their documents and not have each a different but an Agreed Bundle of Documents (chronologically numbered & Indexed) in 5 identical sets: one each for own use, three for Employment Tribunals ~these are brought to the hearing -but may be sent to Employment Tribunals in advance with Outline Submissions (main points of one's argument) if copied also to the other party.

It is important in one's witness statement to try to address any issues which the employer is likely to argue before the Employment Tribunals and advantageous in the body of one's witness statement itself to refer to one's documents.

When the Notice of Hearing (date when complaint is to be heard by Employment Tribunals) is received, one is given time (usually 14 days) and may ask for the date or time set aside for the hearing to be changed ~Employment Tribunals' 'overriding objective' takes into account what is involved (monies involved may affect this) and one may communicate opinion to Employment Tribunals that the case may take longer in Employment Tribunals estimation due to any complexities -then too may one ask with reason for hearing-date fixed (Listed) to be changed by Employment Tribunals.

One may receive postal offers from law firms who check Listed Employment Tribunals cases to represent one on a 'no win, no fee' basis; one does not have to engage any ~the purpose of Employment Tribunals is to enable un-represented laymen to put their cases without disadvantage -Employment Tribunals must conduct hearings with regard to 'equity'.

At Employment Tribunals hearings rules and procedures and the order of evidence may be varied as Employment Tribunals see fit. If the complaint falls under one of the exemptions the employee normally goes first, otherwise the employer does. Evidence is normally read out from witness statement and members of Employment Tribunals may ask questions, the other party may cross-examine and one may re-examine one's witness ~Employment Tribunals must consider complaints by having regard to the reason or the main reason stated by the employer. Often parties are asked to wait outside as Employment Tribunals deliberate -the decision (Judgment) is not reserved but read out tape-recorded at the end of the hearing by the Employment Tribunal's Chairman.

>> Written Reasons one may have if within 14 days an application is received by Employment Tribunals ~this is important -appeals are not accepted without written reasons.

Review of the decision within 14 days of the hearing may also be asked for ~it can be on the ground that one did not receive a Notice of Hearing, or was absent from the hearing (if had not specifically made written submissions), or it is wrong because of an error of the Employment Tribunals' staff, or there is new relevant evidence of which the existence could not reasonably have been foreseen, or 'interests of justice require it' (e.g. if the decision appears inconsistent with the evidence [although caution advises in allowing this Lindsey -v- Ironside Ray & Vials, 1994, IRLR 318], or if the Statute appears to have been 'read-into' [Haddon -v- Van Der Bergh, 1999, EAT], or if one was not asked about something that is stated as a reason) ~full details must be stated in writing for the Employment Tribunals to consider a Review -any review decisions should be kept.

Notes of Evidence, the only official record of Employment Tribunals' proceedings (not transcribed verbatim and tape-recorders not being allowed), while in appeals parts of considered relevant may be applied for "It may happen on occasion that one or more of the members did not hear any particular sentence or sentences" and if its accuracy is challenged and conflicted (Dexine Rubber -v- Alker 1977 and Keskar -v- Governors of All Saints [etc.] School 1991, EAT) must be accepted of what the evidence and submissions were the Employment Tribunal's Chairman's recollection.

One has 42 days to lodge a Notice of Appeal from Employment Tribunals to the Employment Appeal Tribunal ~regardless of whether one has applied for a review -one may appeal if 'no reasonable employment tribunal could have decided so' or if 'the law was wrongly interpreted or applied' and particularizes it enclosing the Employment Tribunal's (if reviewed, also upon review) written reasons.

Laws change, these are brief guidelines.

The author's favourite site is: Teacher of Teachers


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