West London Solicitors

WEST LONDON SOLICITOR EMPLOYMENT FAQ’S

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

I feel I am being treated badly at work, is there anything which I can do?

If you feel so ill-treated that you feel you can no longer work there, you may resign and claim constructive dismissal. You can then sue your employers for unfair dismissal.

Should you feel ill-treated on the grounds of race, religion, sex, sexual orientation, pregnancy or disability, you may also sue your employer for discrimination.

What information must an Employer provide when employment commences ?

The employer must legally provide a “statement of employment” within 2 months of the employment starting. This is not an employment contract, which can be verbal or written, but does contain the main terms of employment. If the employer has not provided a statement this gives the employee the right to complain to the Employment Tribunal and for an order to be made to determine the details.

Can an employer change the employment statement?

The employer must consult with the employee for one month before making any changes.

What are the qualifying conditions for claiming Unfair Dismissal ?

In order to make a claim for unfair dismissal, certain technical criteria must be satisfied, which are :-

• You must be an employee and work either full-time or part-time
• You must have at least 1 year’s continuous employment.
• You must be under 65 years old or if your employer allows staff to work beyond 65 the normal retirement age for your job at the date of dismissal.
• You must not be in an excluded category, e.g. the armed forces or police

Are there any exceptions to the 1 year employment rule for claiming Unfair Dismissal?

You should normally have one year’s continuous employment, except:

• If the dismissal was connected with pregnancy and maternity rights.
• If you are a retail worker or work in the betting industry and were dismissed for objecting to working on Sundays.
• If you were dismissed for asserting your employment law rights.
• If you were dismissed for observing Health & Safety rules.
• If you were dismissed for being an elected representative for collective redundancy or transfer consultation purposes.
• If you were dismissed for “whistle-blowing”.
• If you are dismissed just before the 1 year period, i.e. 1 week before your statutory notice period maybe added to give you 1 years service.
• If your dismissal is connected to Trade Union activities, carried out at an appropriate time.
• If you are dismissed for belonging to a Trade Union.
• If you are dismissed for refusing to join a Trade Union.