Employment law advice for employers

“Some other substantial reason" (SOSR). For example, the dismissal of a temporary employee to allow for the return of an employee who has been on maternity leave is likely to be a dismissal for SOSR

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What is the minimum notice an employee is entitled to receive when being dismissed?

Unless a contract stipulates a longer period, the minimum period of notice required to terminate a contract of employment is as follows:

Employees with continuous employment of a least one month but less than two complete years are entitled to at least one week's notice from an employer

Employees with two complete years' continuous employment or more are entitled to one week's notice for each complete year, up to a maximum of 12 weeks' notice after 12 years

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What is the minimum notice an employee should give to an employer?

Unless a contract stipulates a longer period the minimum notice to be given by an employee, with at least one month's continuous employment, is one week.

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What is redundancy?

A redundancy can result from the following:

A business closure

A workplace closure

Reduction or cessation in the requirement for employees to carry out work of a particular kind

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How much redundancy pay is an employee entitled to receive?

The amount of statutory redundancy pay to which an employee is entitled depends on their age, length of service and pay and is subject to a statutory maximum, currently £10,500. The entitlement is calculated as follows:

One and a half weeks’ pay for each complete year of service after the age of 41

One week’s pay for each complete year of service between the ages of 22 and 40

Half a week’s pay for each complete year of service under the age of 22

However, a week’s pay is subject to a maximum cap, currently £350. The amount of service that can be taken into account is also subject to a cap of 20 years.

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When is an employee entitled to make a claim for unfair dismissal?

To bring a claim for unfair dismissal, an individual must be both an employee and have at least one year's service. There are exceptions to this general rule whereby no qualifying period is required, these include where the dismissal is:

Connected with pregnancy, childbirth, or statutory maternity, paternity, adoption, parental or dependant care leave

For asserting a statutory right

Connected with an application for flexible working

Related to the national minimum wage

Related to status as a part time worker

Related to status as a fixed term employee

In connection with trade union recognition, membership or non-membership

For making a protected disclosure (“whistle blowing”)

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How much can an employee be awarded for unfair dismissal?

In most cases, where an employee has been held to have been unfairly dismissed, the remedy will be the awarding of compensation. This will be made up of a Basic Award and a Compensatory Award.

The Basic Award

The Basic Award is designed to compensate an employee for loss of job security and is calculated according to a formula based on the employee’s age, length of service and weekly pay subject to a statutory maximum currently £10,500. The Basic Award is calculated as follows:

One and a half week's pay for each complete year of service after the age of 41

One week's pay for each complete year of service between the ages of 22 and 40

Half a week's pay for each complete year of service under the age of 22

However a week’s pay is subject to a maximum cap, currently £350. The amount of service that can be taken into account is also subject to a cap of 20 years.

The Compensatory Award

The amount of the Compensatory Award will, subject to a statutory limit (currently £66,200), be such amount as the Employment Tribunal considers just and equitable in all the circumstances.

There is no limit on the Compensatory Award for unfair dismissal where the employee is dismissed unfairly for reasons connected with discrimination, health and safety matters or a public interest disclosure ("whistle blowing").

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What is constructive dismissal?

If is for an employee to claim constructive unfair dismissal when they have resigned but feel they had no choice but to do so. In order to convince an Employment Tribunal that they were constructively dismissed an employee will have to establish the following:

There was a contract of employment

The employer had committed a fundamental breach of the terms of that contract

Such a breach was repudiatory and justified the employee resigning in response to the breach

The employee did resign in response to the breach

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What is the National Minimum Wage?

The currently hourly rates (since 1 October 2008) are as follows:

Workers aged 16 and 17 - £3.53

Workers aged 18-21 - £4.77

Workers aged over 22 doing accredited training in the first 6 months of employment - £4.77

Workers aged 22 and over - £5.73

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What are the statutory minimum holiday entitlements for a full time worker?

Until 1 April 2009 4.8 weeks per year inclusive of bank and public holidays

From 1 April 2009 5.6 weeks per year inclusive of bank and public holidays

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What is the normal maximum amount of hours a worker can work?

The Working Time Regulations 1998 impose a maximum limit of 48 hours per week, averaged over a 17 week period, on workers' hours of work for the majority of working situations.

In the UK, workers can opt out of the 48 hours limitation, provided they do so in writing. Subject to giving proper notice a worker can decide to end the opt out and return to being subject to the limitations.

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What is statutory sick pay?

Statutory Sick Pay (SSP) is payable by employers to qualifying employees who are off sick for four or more days in a row. It is not payable for the first three days in any period of entitlement but thereafter is payable for up to 28 weeks.

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When is a female employee entitled to maternity leave?

Since 6 April 2008 any female employee is entitled to up to 52 weeks’ maternity leave regardless of length of service.

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When is an employee entitled to paternity leave?

Provided they are an eligible a male (or female if in a civil partnership) an employee is entitled to take up to two weeks paternity leave within the first 56 days of the date of childbirth.

Parental leave must be for the purpose of caring for the child or supporting the mother of the child in caring for the child.

In order to be eligible for paternity leave the employee must:

Be continuously employed by their employer for at least 26 weeks ending with the week immediately before the 14th week before the expected week of childbirth

Be the father of the child, or married or civil partner of or otherwise the partner of the child’s mother, if not the child’s biological father

Have or expect to have responsibility for the upbringing of the child

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What is parental leave?

Since 1999 employees have had the right to take a reasonable amount of time off work in order to take necessary action to deal with particular situations affecting their dependants and to make any necessary long-term arrangements. These situations include:

To make longer term care arrangements for care of a dependant who is ill or injured

To deal with the consequences of the death of a dependant

To deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant

To deal with an unexpected incident which involves the employee’s child during school hours

The right is available only to employees and is irrespective length of service or if the employee works full time or part time or is employed on a permanent, temporary or fixed term basis. The leave is unpaid

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For more information or advice on employment law contact our Employment Law Team on:

Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk

Eastbourne Tel: 01323 730543
Email: eastbourne@mayowynnebaxter.co.uk

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