Frequently Asked Questions (FAQs)

Employee-related

1. I have been with my employer for six months and he has told me that he does not need me anymore and just dismissed me with a month's notice. Can I bring a claim for unfair dismissal?

Probably not. In most cases it is a requirement that an employee has at least one year’s service before a claim can be brought for unfair dismissal. There a number of limited circumstances where this is not necessary.

2. My employer has dismissed me on the basis that my role is redundant. I do not accept this, however, as my work has simply been shared around my colleagues.

This is a common scenario in redundancy cases. By definition, a redundancy is where there is a reduced requirement by the business for the number of people to carry out the role. Very often it will be the case that your work will still need doing, but by using a new system or structure whereby your work can be done by less people. However, if the employer recruited someone else around the time of your dismissal then it may be the case that there was no redundancy situation and the dismissal would then be unfair.

3. I have been dismissed for gross misconduct but I did not do what I was accused of. I would like to take them to Tribunal to clear my record. Can I do this?

Not necessarily. Many people think that an Employment Tribunal will focus on whether you did or did not do what you were accused of in this type of claim. However the Employment Tribunal is not interested whether you did or did not do what you were accused of. Their role is to decide whether, based on the evidence before your employer at the time it made the decision to dismiss you, it was reasonable of the employer to conclude that it was more likely than not that you did what you were accused off.

4. Is there a deadline for filing a complaint at an Employment Tribunal?

Yes, the general rule is three months minus one day from the date of the event complained of. There are exceptions to this such as where the claim is for equal pay or a redundancy payment, where the limit is six months minus one day.

5. Is it correct that I need to write to my employer setting out my complaint before I make a claim to the Tribunal?

Yes. For most claims, (the main exception is unfair dismissal),you must have submitted a written grievance to the employer before an Employment Tribunal can accept your complaint  The complaint must be submitted within three months of the event complained of. Where this is the case then the time limit to file an application at Tribunal is extended to six months. If in doubt about the procedures or deadlines you should contact a solicitor immediately.

6. My employer has offered me a Compromise Agreement in order to end my employment because of some problems we have been having. What is a Compromise Agreement?

A Compromise Agreement is a contract that you and your employer sign to end your employment and prevents you from bringing any claims against it after you have left. For the agreement to be legally binding you must have received advice from a Solicitor as to its contents and terms. Compromise Agreements normally benefit the employer therefore the employer will usually indemnify your legal costs in obtaining advice up to a certain amount. Once the agreement is entered you are precluded from bringing any action against the employer.

Employer-related

1. I have an employee who is about to go on maternity leave and I am going to advertise for a replacement. Can I tailor my recruitment to ensure the person I take on is not pregnant?

No, this would be discriminatory and undoubtedly lead to a claim and may result in you paying a large sum of money to the employee as compensation.

2. I have only 2 employees both of whom I consider friends. Do I still have to provide them with a written statement of terms and conditions?

Any employee is entitled to such terms and they should be supplied within 2 months of their start date. Ideally a full contract of employment should be supplied to each employee upon acceptance of the role you have offered him/her.

3. My employees claim that they are entitled by law to 20 days holiday plus Bank Holidays. Some of them are part time. Is this correct?

The law provides for 4 weeks holiday thus meaning that it makes no difference how many days an employee works. If an employee works 5 days a week then 4 working weeks will be 20 days. If an employee works 3 days a week then 4 working weeks will be 12 days. With respect to Bank Holidays, these cannot be included in the minimum statutory entitlement of 20 days any longer, due to new legislation. The 20 day minimum has now increased see Holidays

4. One of my employees has just told me that he wants to take time off next week for an event and has already booked it without my consent. We have a large order coming in next week and I cannot afford to have the employee off. What can I do?

You do not have to authorise the holiday. Whilst you must try to be flexible with holiday requests to ensure all staff have the opportunity to take their entitlement, business needs must also be considered. The general rule is that for whatever time an employee wishes to take off, twice as much notice should be given. In this case, a week is requested and as such 2 week's notice should have been given.

5. I have an employee who has been off sick for the last 2-3 years. It does not appear he will be returning. Can I dismiss him?

No. You will need to be wary that this employee is not suffering a disability that falls within the Disability Discrimination Act 1995. In the first instance, you should write to him asking for his authority to obtain his GP and Medical Records. Thereafter, a number of steps need to be completed before dismissal. Following a correct procedure now can save a lot of time and money dealing with a legal dispute later.

6. I have just purchased a pub and want to bring my family and friends along to work with me. I have now been told, however, that I am legally obliged to keep on the current staff. Is this correct?

Yes. There is legislation that states that if you do not keep on the existing staff their dismissals will be automatically unfair. You must also honour their terms and conditions.

7. I have an employee who has been with me about 5 years. He is no longer fitting in with others and I want to know if I can make him redundant.

You can only make him redundant if there is a genuine redundancy situation in the business. If this is not the case then your best options if you are not happy with his performance, is to place him in performance management or to look into offering him a compromise agreement.

For further information on this and any other employment issue please use our enquiry form