Employment FAQs

How can we help you?

• I need advice about my contract of employment
• I’ve been sacked
• I’ve got a problem with a work colleague/boss
• What holidays am I entitled to?
• Can I have time off for maternity/paternity/adoption leave?
• I’ve been invited to a disciplinary hearing
• The company I work for is being sold – where do I stand?
• I’ve been offered a compromise agreement

I need advice about my contract of employment

• A contract of employment exists as soon as you accept the job, though it may not be in writing.
• Your employer must provide you with a statement of the main terms of your employment within 2 months of you beginning work. This is not a contract of employment, but merely a statement evidencing what terms you will work under, for example the pay, holidays etc. 
• Many employers do provide a contract of employment which incorporates those main terms as well as other terms of employment. 
• If you employer is seeking to change some of the terms of your employment, then you must be consulted and agreement should be reached. Otherwise you may have a claim for breach of contract and/or constructive unfair dismissal. If you are at all unsure in these circumstances then you should seek advice before agreeing to any change.

back to the top

I’ve been sacked

Certain types of dismissal, such as those on grounds of discrimination, are considered automatically unfair. However, In other cases the employer may dismiss if it is a potentially fair reason such as:

• Redundancy
• Misconduct
• Capability including long-term or excessive sickness.
• Illegality
• Some other substantial reason

However an employer must also act fairly in all the circumstances. For example, if the dismissal is because of poor performance the employee should be given warnings in advance and a chance to improve: only in cases of extremely serious misconduct will a dismissal without warning be justified. A correct procedure must also be followed.

If you believe that your dismissal may be unfair, then make an appointment to see our employment law specialist who will advise you regarding the merits of any claim you may be entitled to bring against your employer.

back to the top

I’ve got a problem with a work colleague/boss

• Bullying and harassment in the workplace can take many different forms, and can be very difficult to determine in a legal context  
• To make matters even more complicated, there is currently no specific UK employment law legislation that covers bullying or general harassment in the workplace, even though research has shown that this is a widespread problem that can dramatically affect the quality of your working life.
• Whilst your employer does have an established duty of care to you and a legal obligation to ensure your safety and protection, you should be expected to tolerate a certain degree of unpleasantness from colleagues and co-workers. Every accusation of bullying in the workplace must be assessed on a case-by-case basis.
• As there is no legislation that relates directly to bullying in the workplace, cases of workplace bullying are normally pursued using other forms of legislation, in particular discrimination.
• If there is no element of discrimination in the bullying, you could make a claim under the Protection from Harassment Act. However, this cannot be made in the employment tribunal, so you are at risk of having to pay your employer’s costs if you lose.
• If you have a problem with a work colleague, or your boss, you are entitled to bring a grievance following your company’s grievance procedure.  You are entitled not to be victimised for bringing the grievance and would have a further grievance if you were victimised on that basis.

What holidays am I entitled to?

• The minimum amount of leave you are entitled to as a full time employee (in line with the Working Time Regulations Act) is 28 days per annum, which can include bank and public holidays.
• If you are a part-time employee, you are entitled to a pro rata amount of holiday calculated on the full-time entitlement of 28 days per annum.
• The amount of holiday you can take every year must be specified in your contract of employment. If you leave your employment, any accrued but unused holiday should be included with your final pay and calculated at the basic rate of your salary.
• Apart from the above, there are no legal requirements governing holiday leave. All other aspects of your holiday should be set out either in your contract of employment or in a staff handbook, and these are likely to include when your leave year starts, whether you can carry holiday over from one leave year to the next, and what procedures you should follow for booking your holiday.

back to the top

Can I have time off for maternity leave/paternity leave/caring for dependants?

• Maternity leave rights are an important part of employment law which can be the cause of much confusion depending on an individual’s circumstances.
• Maternity leave law is designed to safeguard your rights as a mother-to-be and new mother with regard to your current employment status and treatment, and to ensure that you are treated fairly and that your pregnancy and motherhood do not affect your employment conditions and prospects adversely.
• Maternity leave rights in the UK normally grant a new mother 39 weeks maternity leave on either maternity allowance or statutory maternity pay, along with a further 12 weeks unpaid leave. Provided you comply with maternity leave notification requirements, you may take this leave regardless of how long you have been with your employer, how many hours you work or how much you are paid. These are the basic statutory maternity leave rights, but they may be extended by specific contractual agreements between you and your employer.
• Maternity leave rights also entitle you to return to work after the period of maternity leave is over and your period of continuous employment is not broken by maternity leave.
• While the basics of maternity leave law may appear relatively simple, there are a number of qualifying factors that can make the situation more complex and from which disputes can arise. These factors may include the nature of your employment (whether full- or part-time) and if there is a redundancy situation.

Paternity leave rights

 As a male employee, you will qualify for statutory paternity leave on the birth of your baby if you:

• have (or expect to have) responsibility for the baby's upbringing
• are the biological father of the baby and/or the mother's husband or partner (including same-sex partner or civil partner).
• In order to be entitled to paternity leave, you must:
• have at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth.
• be working for your employer from the qualifying week up to the date of birth. If your contract ends before the birth, you do not qualify for leave unless you go on to work for an associated employer. If your contract ends after the birth, you retain your right to leave (and pay if you qualify).
• have notified your employer of your intention to take paternity leave
• are taking the time off to support the mother and/or care for the baby.
• If you meet the conditions above, you can take either one or two weeks' paternity leave (where a week is a period of seven days). You cannot take individual days off and if you take two weeks, these must be taken consecutively.
• The period of leave can begin either on the day the baby is born, or a number of days or weeks after the baby is born, or from a specific date after the first day of the week in which the baby is expected to be born.
• Fathers of children born after April 2011 will be entitled to additional paternity leave if their partner has not taken all their maternity leave and returns to work, so that they will be able to take that leave which the mother has not taken up to a maximum of six months.

Parental leave rights

Parental leave offers you the right to take unpaid time off work to look after your child or make arrangements for their welfare, providing you meet certain eligibility criteria as follows:

• You have been employed by the same employer for at least a year
• You are an 'employee', with a contract of employment (most agency and casual staff don't have the right to parental leave)
• You are a parent named on the child's birth certificate or you are named on the child's adoption certificate or you have legal parental responsibility for a child under 5 (18 if disabled)
• Both parents have the right to parental leave. If you are separated, the parent who no longer lives with the children only has the right to parental leave if they retain formal parental responsibility for the children. Foster parents do not have rights to parental leave.

If you do not qualify for parental leave but need time off to care for your child, you could ask your employer to consider the following options:

• Taking paid holiday
• Taking unpaid time off
• An application for flexible working

You may take up to a total of 13 weeks' parental leave for each of your children up until their fifth birthday. If your child is adopted, you can take a total of up to 13 weeks' parental leave until the fifth anniversary of their placement with you or until their 18th birthday, whichever comes first. If your child is disabled (that is, getting disability living allowance) you have the right to take up to 18 weeks' parental leave until their 18th birthday.

Parental leave is an individual right and it cannot be transferred between parents.

back to the top

I’ve been invited to a disciplinary hearing

• Before you attend any hearing, make sure you read your employer’s disciplinary procedure and what you are being accused of. If you have any witnesses who can confirm your version of events, then ask for them to be present at the hearing.
• If you have a union, then contact them for advice – if not, then you should consider seeking advice from a professional.
• Make a list of everything you want to say and then write a statement confirming your version of events. Give a copy of this to the employer and the person who will conduct the hearing.
• Make sure you have a colleague (or union official if you have one) to attend the hearing with you. They will be allowed to ask questions and can make representations on your behalf.
• If you are actually guilty of what you are accused of it is probably for the best if you admit it, but making sure you explain all the mitigating factors fully.
• If you suspect that the real reason you are being disciplined is something other than what is being said, then be sure to say so at the hearing.
• If you disagree with the outcome of the meeting you do have the right to appeal. Either say so at the hearing or in writing immediately afterwards. Time limits are very restricted
• If you are asked to sign a record of the hearing but you don’t agree with what is written, or you don’t feel a warning which is given is justified, then you should write that next to your signature

back to the top

The company I work for is being sold – where do I stand?

• There are a number of situations when employees will find that the identity of their employer has changed, for example when the employer sells the business or part of the business or upon the transfer of a contract. In situations such as these, employees' terms and conditions could be protected by The Transfer of Undertakings (Protection of Employment) Regulations ("TUPE") when they transfer to a new owner or contractor.
• Before any transfer takes place (long enough to ensure a proper consultation takes place), employees have a right to be given information through representatives about the fact that a relevant transfer is to take place; when it is likely to happen; the reason; the legal, economic or social implications; and whether any new measures are envisaged by the new employer in relation to the employees.
• If measures are envisaged the representatives must be consulted.

back to the top

I’ve been offered a Compromise Agreement

• A compromise agreement is a legally binding document in which you agree not to pursue any claims (existing or potential) against your employer in exchange for a sum of money.
• It is a legal requirement for you to obtain independent advice on your compromise agreement, in order to ensure that the agreement is fully understood and approved by both you and your employer.
• There are various requirements that must be fulfilled in order for a compromise agreement to be valid, and we will ensure that your compromise agreement fulfils all of these requirements. Although it will be tailored to your own individual circumstances, there are some common features to most compromise agreements which are included to protect your position.
• The idea is to conclude your employment with a compromise agreement that is offering you an appropriate sum of money, bearing in mind various factors including your length of service, your salary, and the circumstances in which your employment is being terminated. Our years of experience will help to ensure that the process is as easy as possible, since we can identify potential problems before they arise.
• It is usual for your employer to contribute towards the costs of taking legal advice and it is very often the case that the contribution is sufficient to pay all the costs, so that you will have nothing to pay the solicitor advising you.

back to the top