A Glimpse into Some FAQs from Clients About Employment Law

Q: What are the basic rights of employees under employment law?

A: Employees are entitled to several fundamental rights, including the right to receive a written contract of employment, the right to be paid at least the National Minimum Wage, the right to work in a safe environment, and protection against discrimination and unfair dismissal.

Q: What is the minimum notice period an employer must give before terminating an employee's contract?

A: The minimum notice period depends on the length of the employee's continuous service. Generally, employees are entitled to at least one week's notice if they have been employed continuously for one month or more, up to a maximum of 12 weeks' notice for employees with 12 years or more of continuous service.

Q: Can an employer dismiss an employee without a valid reason?

A: No, under employment law, employers must have a valid reason for dismissing an employee. Valid reasons may include redundancy, capability or performance issues, misconduct, or breach of contract. Dismissing an employee without a valid reason may constitute unfair dismissal and could result in legal action against the employer.

Q: What constitutes discrimination in the workplace?

A: Discrimination in the workplace occurs when an employer treats an employee unfairly based on certain protected characteristics, including age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Discrimination can take various forms, including direct discrimination, indirect discrimination, harassment, and victimisation.

Q: Are employees entitled to statutory holiday pay in the UK?

A: Yes, employees are entitled to a minimum amount of paid holiday leave each year. This is known as statutory holiday pay or annual leave. Full-time employees are entitled to a minimum of 28 days of paid annual leave, including public holidays, pro-rated for part-time employees.

Q: Can an employer make changes to an employee's contract without their consent?

A: Generally, employers cannot make significant changes to an employee's contract without their consent. Any changes to the terms and conditions of employment, such as changes to pay, working hours, or location, must be agreed upon by both parties. If an employer imposes changes without consent, it may constitute a breach of contract, and the employee may have grounds for legal action.

Q: What steps should an employee take if they believe they have been unfairly dismissed?

A: If an employee believes they have been unfairly dismissed, they should first attempt to resolve the issue informally with their employer. If this is unsuccessful, they may file a claim for unfair dismissal with the Employment Tribunal within three months of their dismissal. It is advisable for the employee to seek legal advice before taking any further action.