10 things you should do upon losing your job

10 things you should do upon losing your job

Here are 10 things you should do upon losing your job: 1. Know your rights If you’re uncertain about your employment rights, there are many ways to educate yourself. As a first step, you might like to browse through the articles on FindLaw. You can also get free, confidential, and impartial advice from Acas by calling 08457 474747. In addition, depending on your circumstances, you may want to speak with a solicitor who specialises in…

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Acas (Advisory, Conciliation and Arbitration Service)

Acas (Advisory, Conciliation and Arbitration Service)

The Advisory Conciliation and Arbitration Service (Acas) is a non-departmental body, predominantly funded by the Department for Business, Innovation and Skills (BIS). Created as a statutory body by the Employment Protection Act 1975, ACAS aims to utilise better employment relations in order to improve workplace institutions and everyday working life. What services does Acas provide? Acas provides its services to individuals, groups of employees and employers. It can assist in terms of preventing problems arising…

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Accommodation offset

Accommodation offset

Find out how to work out if you are paid at least the National Minimum Wage rate if your employer provides you with accommodation. The calculation depends on how your employer provides you with the accommodation. The accommodation offset rate If your employer provides you with accommodation, they can count some of its value towards National Minimum Wage (NMW) pay. This is called the accommodation offset. Your employer cannot count more than the accommodation offset…

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Additional paternity leave

Additional paternity leave

New fathers could potentially be entitled to up to 26 weeks’ Additional Paternity Leave or Additional Statutory Paternity Pay, or both, if they meet the necessary requirements. This is on top of their entitlement to Ordinary Paternity Leave.  Ordinary Paternity Leave If you meet the requirements for Ordinary Paternity Leave and qualify for Ordinary Statutory Paternity Pay, you will be entitled to up to two consecutive weeks off work at a rate of £138.18 or…

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Advantages to flexible working

Advantages to flexible working

Before you make a request for a flexible working pattern you should think about the impact it will have on you and your employer. Find out about the advantages to the different types of flexible working patterns. Considering flexible working Working flexibly can bring many benefits to your work-life balance. It can increase the time you have to care for a child or other family member and can make managing these responsibilities much easier. There…

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Age discrimination

Age discrimination

In the UK, it is illegal to discriminate against an individual on the basis of their age. To do so is called age discrimination. Age discrimination, which affects employees young and old, can impact on most aspects of employment relations, such as recruitment and retirement policy to decisions concerning training and promotion. An age discrimination case can cost an employer dearly if successful at an employment tribunal, which is all the more reason why there…

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Age discrimination

Age discrimination

Age discrimination laws help ensure that you are not denied a job, an equal chance of training or a promotion because of your age. What is age discrimination at work? The Equality Act 2010 makes it illegal for an employer to single out an employee, or job seeker, for differential treatment – such as discrimination, harassment or victimisation – on the basis of their age. If an employer treats someone differently due to their age…

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Agency worker employment rights

Agency worker employment rights

What is an agency worker? An agency worker – sometimes called a ‘temp’ – is contracted with an employment agency to work for an employer on a temporary basis. The following apply to agency workers: they have a contract with an agency they are temporarily supplied to an employer by an agency their work on an assignment is directed by the employer. A worker is not an agency worker if: they are self-employed they work…

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Agricultural Minimum Wage – accommodation offset

Agricultural Minimum Wage – accommodation offset

Agricultural Minimum Wage accommodation offset Your employer might be able to make a deduction from your pay for accommodation they provide for you. This is called the ‘accommodation offset’. Find out what accommodation your employer can make deductions for and how much they can deduct. Accommodation offset If your employer provides you with accommodation, they can count some of its value towards your Agricultural Minimum Wage pay. This iscalled the ‘accommodation offset’. For accommodation offset…

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Agricultural Minimum Wage and pay

Agricultural Minimum Wage and pay

The amount you are entitled to be paid as an agricultural worker depends on your category and grade. As well as a minimum pay rate, you might be entitled to other pay, for example, stand-by allowance or dog allowance. Agricultural Minimum Wage If you are employed in agriculture you are entitled to be paid at least the Agricultural Minimum Wage (AMW) rate foryour grade. If the National Minimum Wage rates are higher than the Agricultural…

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Agricultural Wages Sick Pay

Agricultural Wages Sick Pay

Agricultural Wages Sick Pay (AWSP) allows you to be paid the Agricultural Minimum Wage for your normal working hours when you are off work sick. This payment includes any Statutory Sick Pay that you may be entitled to. Find out if you are entitled to be paid AWSP. Qualifying for AWSP To qualify for AWSP you must have been continuously employed by the same employer for at least 52 weeks before the first day of…

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Agricultural worker categories and grades

Agricultural worker categories and grades

There are different types of agricultural workers. These are split into six grades and four categories. The grade and category you are will determine what rights and entitlements you have at work, eg your pay and leave. Categories The type of employment contract you have with your employer defines which category of agricultural worker you are. Full-time and part-time flexible workers The full and part-time flexible worker categories have been changed. If you are making…

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Agricultural workers holiday leave

Agricultural workers holiday leave

Nearly all agricultural workers (except trainees doing work as part of their training contract) are entitled to annual leave. Find out what other types of paid leave you might be entitled to, for example, public holidays and bereavement leave. Amount of annual leave The annual leave year for all agricultural workers starts on 1 Octoberand ends on 30 Septemberthe following year. The amount of annual leave you can take depends on the number of days…

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Agricultural workers holiday pay

Agricultural workers holiday pay

Agricultural workers holiday pay All agricultural workers except trainees are entitled to holiday pay for their holiday or annual leave. How much you are paid depends on what your normal pay is. Find out how to calculate your holiday pay. Holiday pay – basic calculations If your basic pay is the same every week (apart from payments forovertime which is not guaranteed) you can use the following steps to work out your holiday pay. Step…

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Agricultural workers rights

Agricultural workers rights

If you work in agriculture, some of your employment rights are different from other workers. For example, you could be entitled to the Agricultural Minimum Wage, rather than the National Minimum Wage. Find out about your rights, based on what category and grade you are. Agricultural work Agricultural work includes: any activity to do with mainstream farming, for example dairy farming, arable farming, or sheep rearing the production of ‘consumable produce’ grown for consumption or…

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Am I a worker?

Am I a worker?

What is the legal significance of a person’s employment status? A person’s employment status, under employment law, determines their rights and their employer’s responsibilities. Classifications of employment status include: worker employee self-employed and contractor director office holder What is a ‘worker’? Generally, a person is considered a ‘worker’ if: they have a contract or verbal agreement to personally perform work in exchange for financial gain or a benefit in kind (for example, future work) they…

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Appealing your workplace grievance decision

Appealing your workplace grievance decision

Workplace grievances are commonplace and it is likely that in the course of your career you will be subjected to at least one or even more grievances. Dealing with workplace grievances is difficult, but with the right approach and legal advice, many grievances can be resolved, allowing you to get the outcome you desire. Workplace grievances can arise in a number of ways, but typically the term covers any concern, dispute or problem that arises…

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Arbitration in workplace disputes

Arbitration in workplace disputes

Arbitration can be used for several things, including resolving individual or collective problems at work, without going to an Employment Tribunal (eg when trade unions are considering strike action). Find out what arbitration is and how it could be helpful to you. What arbitration is In arbitration, you and your employer allow an independent and impartial outsider (the arbitrator, or arbiter in Scotland) to determine the outcome of your problem. Arbitration differs from conciliation and…

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Basic employment rights guidance in foreign languages

Basic employment rights guidance in foreign languages

Help on employment rights and how to deal with problems at work if you do not speak English as a first language. Help and advice in Arabic, Chinese, Gujarati, Punjabi, Russian, Somali and Urdu. Help with PDF files If you have any problems with the PDF files, try reading the ‘Help with PDF files’ article. Help with PDF files Arabic Help on how to deal with problems at work In Arabic. Download ‘Problems at work?…

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Basics

Basics

Almost all workers are entitled to be paid at least the National Minimum Wage (NMW). To check if you are being paid the NMW rate you need to know your pay reference period and what elements of pay count towards the NMW. How to check your pay Your average hourly payhas to be at least theNMW, worked out over a period called the pay reference period. To find out whether you are getting the NMW…

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Being temporarily laid-off work

Being temporarily laid-off work

Temporary lay-offs occur when a business suffers from circumstances resulting in a temporary reduction in the amount of work. As a result of a reduction in the amount of work, it is common for an employer to consider a temporary lay-off of staff as a way to cut costs in the short term, until the amount of work increases. A lay-off is termed such when you are asked not to work for at least one…

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Blowing the whistle on workplace wrongdoing

Blowing the whistle on workplace wrongdoing

If you are blowing the whistle on malpractice or wrongdoing in the workplace you should make the disclosure (reveal the information) to your employer or to a prescribed person so that your employment rights are protected. Blowing the whistle to your employer If you are blowing the whistle on malpractice in the workplace you should strongly consider making the disclosure to your employer. If you make a disclosure to your employer it will help to…

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Breach of contract

Breach of contract

A breach of employment contract is a fairly common cause of dispute between an employee and an employer. An employment contract may be broken when one party to the contract fails to follow a term in the contract. In general, as with all other employer-employee disputes, it is usually worth pursuing an informal line of redress first, before considering more formal options. Breach of contract can occur in a wide variety of circumstances. The common…

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Bringing a claim for unfair dismissal

Bringing a claim for unfair dismissal

This article explains what an unfair dismissal is and how you can bring a claim against one. Fair and unfair dismissal Dismissal from employment may be fair or unfair, depending on the circumstances in which it occurs. ‘Unfair dismissal’ is when the employer does not: a) have a good reason for dismissing the employee; or b) follow the company’s formal disciplinary or dismissal process. Remedies for unfair dismissal In the event of a successful claim…

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Bringing a claim for wrongful dismissal

Bringing a claim for wrongful dismissal

What is wrongful dismissal? Wrongful dismissal typically involves an employer dismissing an employee, which in turn breaches the employee’s contract.  Unlike unfair dismissal, which is based solely on statutory rights, wrongful dismissal is a cause of action that is founded not only on statute, but also on contract law. An example of wrongful dismissal is when an employer ends an employee’s contract without giving them the proper notice. Although the notice period is agreed by…

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Building up and carrying over holiday entitlement

Building up and carrying over holiday entitlement

If you are a worker in the UK you have a statutory right to at least 5.6 weeks paid leave. This comes to 28 days paid holiday if you work five days a week.  Holiday rights You begin accumulating paid leave as soon as you start working; however, there are some aspects of annual leave you may not be aware of: If you are working part-time, you are entitled to annual leave, but this will…

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Bullying in the workplace

Bullying in the workplace

Everyone has a right to be able to go to work and be treated with dignity and respect by their fellow employees and employers. For the vast majority of people this is a reality, and their workplace is hassle-free. However, for some, bullying in the workplace is their day-to-day life, and it can lead to many side effects including a negative impact on someone’s career, poor productivity, upset and even depression. Bullying in the workplace…

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Business transfers and takeovers

Business transfers and takeovers

If the company you work for is going through a business transfer or takeover, both the transferring employer and new employer have a responsibility to inform and consult with employees who may be affected by the transfer. Information and consultation Any employee who will be affected by a business transfer or takeover has a right to be informed and consulted by their employer. This might include employees who: will be transferred will not be transferred…

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Calculating holiday entitlement

Calculating holiday entitlement

Calculating holiday entitlement Holiday is one of the few employment benefits enjoyed by almost all workers in the UK. The right to paid time off for holiday accrues in almost all circumstances, and paid holiday features in full time, part time and even temporary contracts. Holiday pay, or annual leave, is a legal employment benefit in many countries around the world. In the European Union countries are free to determine the amount of paid holiday…

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Calculating your night work hours

Calculating your night work hours

If you are a night worker you should not work more than an average of eight hours over a night-time period. This is generally regarded as 11 pm 6 am. You can easily calculate your average hours to find out your average working time length. Working time reference period Your average night working time is normally calculated over a 17 week reference period or however long a worker has been working for their employer if…

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Calculating your pay: more complex calculations

Calculating your pay: more complex calculations

If your pay or working hours vary from week to week then calculating your weeks pay will be slightly more difficult. You will need to average your working hours and pay over a 12-week period. What to do first This article should be read after you understand thefirst Directgov article ‘Calculating your pay: the basics’. The firstarticle explains the background to calculating your pay andcontains some essential facts. Calculating your pay: the basics Calculating piece-rates,…

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Calculating your redundancy pay

Calculating your redundancy pay

How much redundancy pay you get depends on your wage, how long you have worked at the company and your age. If you are trying to work out your redundancy payment, find out how it is calculated or use the online calculator. Contractual redundancy pay You should check your employment contract for how much redundancy pay you are entitled to. Some employers offer employees more generous packages than the statutory minimums as part of their…

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Calculating your working time

Calculating your working time

Your employer cannot make you work longer than an average of 48 hours a week. If you work longer, you should discuss with your manager about either reducing your hours or signing an opt-out agreement. The basic calculation To know how long you are working, you need to calculate the number of hours you work each week (including overtime) and then average these hours over a set period. Your average working hours are calculated over…

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Can I be made to work longer than 48 hours each week?

Can I be made to work longer than 48 hours each week?

  Usually adult workers cannot be forced to work more than 48 hours a week on average – this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week. Your working week is not covered by the working time limits if you have a job: where your working time is not measured or can…

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Can I change my working arrangements if I care for an adult?

Can I change my working arrangements if I care for an adult?

If you are an employee who cares for an adult, you also have the right to ask to work to a flexible working pattern. The right is limited: you must have worked for your employer for 26 continuous weeks; and you can only make one application every 12 months. Types of flexible working The sorts of working pattern that you might be able to follow include: annualised hours (calculating the hours you work over a…

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Can I change my working arrangements if I have children?

Can I change my working arrangements if I have children?

Can I change my working arrangements if I have children? If you have children there are rights that allow you to adjust your working hours to better suit looking after your child or children. Adjusting your working hours to suitable raising a child or children is called ‘Flexible working’ and all employees have the right to request flexible working arrangements; not just parents and carers. Furthermore, if your child is a new-born or recently adopted,…

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Can I claim both unfair dismissal and wrongful dismissal? Whats the difference?

Can I claim both unfair dismissal and wrongful dismissal? Whats the difference?

Yes, you can claim both wrongful dismissal and unfair dismissal. Any money received for wrongful dismissal, however, will usually be cancelled out by the amount received for unfair dismissal (and vice versa) to stop you receiving double compensation. Having answered the first question, let’s turn to the differences between unfair dismissal and unfair dismissal: (1) Statutory claim vs. contractual claim The first key difference is that wrongful dismissal involves a breach of contract, whereas unfair…

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Can I claim compensation for constructive dismissal?

Can I claim compensation for constructive dismissal?

There are two remedies available for constructive dismissal: re-employment; and/or compensation.   1. Re-employment If you claim unfair constructive dismissal and you want your old job back, you can ask for reinstatement. Or you can ask for re-engagement, which means a different job with the same or an associated employer. Before a tribunal/court orders reinstatement or re-engagement, it will weigh and balance the following factors: The employee’s wishes: the court/tribunal will not order either remedy…

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Can I take leave as a new father?

Can I take leave as a new father?

Can I take leave as a new father? If your partner is having a baby or you are adopting a child you may be eligible for paternity leave. Paternity leave is time off from work specifically for those in one of these situations. If your partner is having a child or you and your partner are adopting a child you may be eligible for: one or two weeks paid Ordinary Paternity Leave up to 26…

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Can I take time off if I am someones carer?

Can I take time off if I am someones carer?

If you are someone’s carer, you have a right to ‘dependant care leave’. This is ‘reasonable’ unpaid time off to deal with issues to do with people you care for. Unlike other types of leave, you don’t have to have worked for your employer for a minimum period before you can take it. You can take time off if there is an unexpected problem in caring for: your husband, wife or civil partner; your child;…

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Can my employer force me to retire?

Can my employer force me to retire?

Recent legislation has removed the right for your employer to be able to force you to retire when you reach the age of 65. Previously, so long as they followed a certain set procedure your employer could make you retire when you reached the age of 65 (known as the default retirement age) regardless of the job you were doing or whether you wanted to stay. Why did the law change? The reasoning for this…

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Can my employer legally enforce a dress code?

Can my employer legally enforce a dress code?

An employer can legitimately tell their employees to dress in a certain way at work; indeed, there is nothing to prevent an employer from including an express term in the contract of employment outlining the dress code that employees have to observe. Some may do so for health and safety reasons. However, even if there is no explicit reference to clothing in the contract, employees are still under an implied duty to obey their employer’s…

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Can my employer look at my emails?

Can my employer look at my emails?

This article analyses whether or not your employer can legally monitor your emails at work. It begins by looking at your employer’s duty to inform you about monitoring. It then turns to look at which emails your employer may monitor. And finally it examines your employer’s responsibilities as regards data protection. Duty to inform If your employer intends to monitor emails or internet use, it should inform you it intends to do so. This could…

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Caring and your pension

Caring and your pension

If you are a carer and find you are not earning enough to pay for National Insurance contributions, you may still qualify for an additional State Pension or National Insurance Credits. Carer’s Credit To qualify for a state pension a person must have worked and made National Insurance contributions for 30 years. If a person has worked some of those 30 years but not all, then they are entitled to a state pension that corresponds…

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Caring for someone while working

Caring for someone while working

If you find yourself caring for someone but need to work at the same time, there are a few things recommended you do. Informing your employer The first thing you should do if you find yourself caring for someone whilst working is to tell your employer. If you are caring for someone with a disability, it is likely unforeseen events can occur that may affect your work or prevent you from getting to work on…

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Changes to employment contracts

Changes to employment contracts

Sometimes it’s necessary to change the terms and conditions of an employment contract. Find out why your contract might be changed, what your rights are and how to avoid or resolve problems in making these changes. The employment contract An employment contract is an agreement between you and your employer, outlining both sides’ rights and duties. If you haven’t already done so, you might find it useful to read about employment contracts. Employment contracts What…

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Collective agreements and collective bargaining

Collective agreements and collective bargaining

One of the main aims of a trade union is to negotiate with employers about matters affecting their members and other employees. These negotiations are known as ‘collective bargaining’. Find out how collective bargaining works and what impacts collective agreements could have on you. Collective bargaining Where a trade union and an employer agree to bargain about terms and conditions, the employer is said to recognise the trade union. Once a trade union is recognised…

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Collective redundancy consultation representatives

Collective redundancy consultation representatives

Any employer contemplating ‘collective redundancy’ – that is, making 20 or more employees redundant – is under a legal duty to consult with representatives of affected employees beforehand. Employees may be represented by trade union representatives or employee representatives. These are known as ‘collective redundancy consultation representatives.’ Trade union representatives An employer must consult with an authorised trade union official if the employees affected by the collective redundancy are represented by a recognised trade union…

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Compensation for wrongful dismissal

Compensation for wrongful dismissal

To work out compensation for wrongful dismissal, courts and tribunals apply the same rules as they would for any other breach of contract. This means you cannot recover damages that do not arise naturally from the breach. Also, you may claim damages to compensate you for losses resulting from the breach, but you cannot claim damages in order to punish your employer. Damages should merely put you, so far as money can, in the same…

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Conciliation in workplace disputes

Conciliation in workplace disputes

A whole host of workplace issues have the potential to be resolved informally within the workplace. However, on occasion, these issues escalate into workplace disputes and even into formal legal claims. What is conciliation? Conciliation is a voluntary process that must be agreed by both parties to the dispute. Conciliation involves an independent third party – a conciliator – who discusses the workplace dispute with the parties with a view to facilitating understanding of their…

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Constructive dismissal case studies

Constructive dismissal case studies

Case study 1: Discrimination/harassment Gabby pursued her childhood dream and joined the fire service. After a period of training she was assigned to a small rural fire station. Her watch manager Julian resented having a woman assigned to his team and he singled her out for additional cleaning and administrative duties. He also banned her from driving the station’s fire engine (commenting “women drivers should not be allowed on the road”) and made disparaging, sometimes…

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Constructive dismissal FAQs

Constructive dismissal FAQs

This article answers some frequently asked questions about constructive dismissal. To find out how to claim constructive dismissal, click here. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you. What is constructive dismissal? Constructive dismissal is a term used when an employee is not formally dismissed by their employer, but is forced to resign because of…

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Continuous employment

Continuous employment

Many of your employment rights only apply if you have a minimum period of continuous employment. Continuous employment usually means working for the same employer without a break, however there are exceptions to this. What continuous employment means Continuous employment usually means working for the same employer without a break. Absence from work due toany of the following counts as continuous employment, provided your employment contract continues throughout: sickness maternity leave paternity leave adoption leave…

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Coping with redundancy

Coping with redundancy

Find out about the range of support available to help you cope with redundancy. You can find out your rights, search for work and get practical help when applying for jobs. You can also use the online benefits adviser to find what benefits you and your family may be entitled to. Being made redundant Redundancy can be a worrying time, but support is available. If you are going to be made redundant from your job,…

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Counselling at work

Counselling at work

Counselling is used in a variety of ways to support employees in solving their problems. Find out about the types of counselling available and how counselling works as part of the disciplinary process. Why might you need counselling? If your work is suffering for personal reasons, you may need counselling to put things right. Counselling can be an informal way of sorting out problems before they become disciplinary issues. Your employer might provide a counselling…

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Different types of flexible working

Different types of flexible working

Flexible working does not just mean part-time working. There are several different types of flexible working patterns, such as flexitime, homeworking and compressed hours. If you are thinking about working flexibly, you should consider which pattern would suit your needs before making an application to your employer. Types of flexible working Working flexibly can bring many benefits to your work-life balance. It can increase the time you have to care for a child or other…

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Disability in the workplace – clinically obese

Disability in the workplace – clinically obese

Question: I have been clinically obese all my life; am I able to make my employer make adjustments in the workplace to accommodate me? Answer: In employment law there are rules about what the law counts as a disability, or not. The Discrimination Disability Act (DDA) says that ‘disability’ means a physical or mental impairment, which has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities. According to this…

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Disagreeing to changes in your employment conditions

Disagreeing to changes in your employment conditions

Sometimes your employer will want to bring in a change to your contract that you don’t agree to. Find out what your rights are if that is happening and how you can raise your complaint. What if you and your employer don’t agree? If you don’t agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the…

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Disciplinary issues at work

Disciplinary issues at work

Disciplinary issues are common at work, and are a cause of problems for both the employees involved and the employer who has to decide how best to deal with the disciplinary issues. An employer could have several reasons to initiate a disciplinary action against an employee. Common examples of underlying causes for disciplinary issues include: Employee behaviour, including punctuality and misconduct  Absence from work Poor or unacceptable standard of work How employers should handle disciplinary…

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Discipline by your trade union

Discipline by your trade union

When you join a trade union, you are subject to its rules and to any penalties the trade union imposes if you break them. This may include expulsion, refusal of access to trade union benefits or facilities, or a fine. This punishment is usually called discipline. Trade union discipline A trade union could discipline you by: expelling you from the trade union telling you to pay a fine withholding (either temporarily or permanently) trade union…

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Discrimination against fixed-term employees

Discrimination against fixed-term employees

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 prohibit an employer treating a fixed-term employee less favourably than a comparable permanent employee, unless the treatment can be objectively justified. These regulations impact areas such as: rates of pay; training; access to occupational/company pension schemes; holiday entitlement; maternity/paternity leave; sick pay; employment opportunities; protection against redundancy or dismissal. Do I qualify as a fixed-term employee? A fixed-term employee is someone who works under a…

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Discrimination against part-time workers

Discrimination against part-time workers

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 prohibit an employer treating part-time workers less favourably in their contractual terms and conditions than comparable full-time workers, unless different treatment can be justified on objective grounds. Do I qualify as a part-time worker? The statutory definition of a part-time worker is rather broad. It encompasses any worker paid by reference to the time they work and, having regard to the employer’s dealings with other…

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Discrimination because of trade union membership or activities

Discrimination because of trade union membership or activities

The Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRA’) forbids employers refusing to employ someone or treating them unfairly because of trade union membership or participation in trade union activities, or conversely because they refuse to join a trade union or eschew trade union activities. Refusal of employment A court or tribunal will deem that you have been refused employment if a prospective employer or an agent acting on their behalf: refuses or deliberately…

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Discrimination in the workplace

Discrimination in the workplace

Discrimination means treating some people differently from others. It isn’t always unlawful – some people are paid different wages depending on their status and skills. Find out about the different types of discrimination. What is discrimination? Equal opportunities law aim to create a ‘level playing field’ so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job. Discrimination happens when an employer treats one employee…

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Do I need a written contract of employment?

Do I need a written contract of employment?

A written contract of employment is important because it protects you as a worker and clearly states what you can expect from your employer. While it is not always essential to have an employment contract in writing – a verbal agreement can still be legally valid – it is far better for you to have an employment contract in writing. It is a legal requirement for and employer to give their employees a ‘Written Statement…

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Do I qualify for redundancy pay?

Do I qualify for redundancy pay?

To work out whether or not you qualify for redundancy pay, you should first look at your employment contract. If it doesn’t mention a payment (or you don’t have a written contract), you may still be legally entitled to statutory redundancy pay. Generally, to qualify for statutory redundancy pay: you must have worked as an employee; continuously for the same employer for two years over the age of 16; your employer must dismiss you (actually,…

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Does your employer have a fair reason to dismiss you?

Does your employer have a fair reason to dismiss you?

There are six potentially fair reasons for dismissal under section 98 of the Employment Rights Act 1996 (ERA) If your employer cannot show that the only or principal reason you were laid off was because of one of these reasons, you may be able to claim compensation for unfair dismissal. See the Employment Rights Act in full here.  Six potentially far reasons for dismissal A reason related to your capability or lack of qualifications to do the…

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Drug testing and employee monitoring

Drug testing and employee monitoring

How did employee screening and testing come about in the UK? In 2004, a UK independent review (entitled “The Independent Inquiry into Drug Testing at Work”) highlighted uncertainty about the legality of workplace drug testing considering the following legislation: employment law health and safety law data protection law human rights law discrimination law. The review concluded that testing in connection with safety-critical activities is plausible and legally defensible. Alcohol and drug testing have increased substantially…

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Employee information during a business transfer or takeover

Employee information during a business transfer or takeover

If your employer is involved in a transfer or takeover there is certain information they must provide about the workforce to your new employer. Your employment rights are protected and your future employer cannot ‘pick and choose’ which employees they take on. Information provided to the new employer The employer who is transferring you to a new employer (called the transferring employer) must provide your new employer with information about the transferring employees, including: identity…

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Employment contract terms

Employment contract terms

The terms of an employment contract set out what you and your employer can expect of each other. There are several different types and some do not need to be written down in your employment contract. Where do contract terms come from? Contract terms can come from a number of different sources; for example they could be: verbally agreed in a written contract, or similar document in an employee handbook or on a company notice…

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Employment contracts

Employment contracts

What is a contract of employment? A ‘contract of employment’ is a legally binding agreement between an employer and an employee. It confers a number of rights and obligations on an employer and an employee. Among other things, an employment contract involves an employee’s responsibility to work for their employer and an employer’s responsibility to pay their employee for all tasks and duties performed in the course and scope of their employment. Contractual rights are…

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Employment law quiz

Employment law quiz

1. True or False: An Employment contract must always be in writing. 2. What is the maximum limit that can be claimed for a breach of contract in an employment tribunal? a. 20,000 b. 25,000 c. 50,000 d. 150,000 3. What is the qualifying period of continuous service required to bring an unfair dismissal claim? a. 3 months b. 6 months c. 12 months d. 24 months 4. True or False: The maximum compensatory award…

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Employment protection during business transfers and takeovers (TUPE)

Employment protection during business transfers and takeovers (TUPE)

If the business, part of a business or service provider you work for is changing from one owner to another, your existing employment contract could be protected under the Transfer of Undertakings (Protection of Employment) Regulations, known as ‘TUPE’. Business transfers and service provision changes There are two types of transfers that are protected under TUPE: business transfers service provision changes Business transfers In business transfers a business,undertaking, or part of a business or undertaking…

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Employment rights and the Disability Discrimination Act

Employment rights and the Disability Discrimination Act

Disabled workers share the same general employment rights as other workers. However, there are also some special rights for disabled people under the Equality Act 2010. Learn more about your rights and the Equality Act 2010. Employers and the Equality Act 2010 Under the Equality Act 2010, it is unlawful for employers to discriminate against disabled people. The disability parts of the act cover: application forms interview arrangements aptitude or proficiency tests job offers terms…

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Employment Tribunals: an introduction

Employment Tribunals: an introduction

Employment Tribunals deal with legal disputes in the workplace. Before applying to an Employment Tribunal, find out what they involve, whether you can make a claim, and where to get help and advice. What is an Employment Tribunal? Guidance is also available in Braille, on audio tape, in large print, on disk and in other languages Call 0845 7959 775 Find an Employment Tribunal office Employment Tribunals hear cases involving employment disputes which have not…

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Ending and renewing your fixed-term contract

Ending and renewing your fixed-term contract

Fixed-term contracts normally end automatically when they reach their agreed end point, so there is no need for your employer to give you notice. However, your employer must still act fairly and follow any dismissal procedure if necessary. If they do not, you can make a claim of unfair dismissal. Ending a fixed-term contract If you are on a fixed-term contract, generally no notice of the contract reaching its end date will need to be…

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Enforcing national minimum wage law – naming and shaming

Enforcing national minimum wage law – naming and shaming

The National Minimum Wage is a legal minimum that employers must pay their employees in order to comply with the law. It was introduced by the National Minimum Wage Act 1998, and came into force on 1 April 1999. Under the legal provisions employers are obliged to pay individuals a fixed-rate minimum wage. The actual amount changes year on year with changes brought about by the policies of individual governments. The current National Minimum Wage…

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Enrolling into a pension at work

Enrolling into a pension at work

Starting from October 2012, employers will enrol workers into a workplace pension, if they meet the criteria below. When you pay into your pension, your employer and the government will contribute too. Find out how this affects you, when this will happen and the benefits. Workplace pension what it is A workplace pension is a way of saving for your retirement arranged through your employer. It is sometimes called a company pension, an occupational pension…

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Enrolling into a pension at work

Enrolling into a pension at work

Despite the fact that people are living longer nowadays and will probably experience a lengthier retirement, many workers are failing to save for their retirement at all and, those who do save, are not saving enough. For these reasons, the Government has introduced workplace pensions. What is a workplace pension? A workplace pension is a form of savings programme for retirement, which is organised through an employer. The employer may have their own scheme, offer…

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Entitlement to redundancy pay

Entitlement to redundancy pay

Redundancy is one way that an employer can terminate the employment contract of an employee, and is effectively one form of dismissal from employment. However, unlike some other forms of dismissal, redundancy occurs through no fault of the employee being made redundant. Redundancy happens when an employer needs to reduce the size of their workforce. To do this the employer must follow certain rules in order to ensure the process of selecting positions for redundancy…

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Entitlements during Ordinary Paternity Leave and returning to work

Entitlements during Ordinary Paternity Leave and returning to work

You get all your normal employment benefits (apart from wages) during your Ordinary Paternity Leave. You will be able to go back to the same job and your employer shouldn’t treat you unfairly or sack you for taking, or asking to take Ordinary Paternity Leave. What happens to your holiday entitlements You will still build up your entitlement to paid holiday duringOrdinary Paternity Leave. You cannot take annual leave duringOrdinary Paternity Leave but you may…

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Entitlements during Statutory Maternity Leave

Entitlements during Statutory Maternity Leave

Your employment terms, for example your pension contributions and holiday entitlement, are protected while you are on Statutory Maternity Leave. If you are made redundant while on Statutory Maternity Leave you also have extra rights. Find out more about your employment rights during Statutory Maternity Leave. What happens to your employment terms and conditions While you are on Statutory Maternity Leave your employment terms and conditions are protected. You keep your normal employment rights and…

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European workers in the UK

European workers in the UK

If you are a European worker and want to come to the UK to work your new employer will need to know if it is legal for you to do so. Find out if you will have to register and what proof you will need to show an employer. Coming to work in the UK Nearly all European Economic Area (EEA) and Swiss nationals are free to enter and live in the United Kingdom without…

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Fair reasons for dismissal

Fair reasons for dismissal

Dismissal from a job is often difficult, and usually comes with disappointment, anger or outrage, and worry about the future, whether another job will be found quickly and the financial uncertainty that comes with the loss of a regular income. Dismissal from a job can be for many reasons. Often the reason behind the dismissal will affect how you feel and what happens next. If you believe that what has happened was justified, or if…

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Finding employment after redundancy

Finding employment after redundancy

If you are facing redundancy, you may find new work with a new employer or your employer may offer you a different job. Find out about the different processes associated with each and how you can get help. Offers of alternative employment If your employer is making you redundant, where possible they should try to offer you ‘suitable alternative employment’ within their organisation or an associated company. Whether a job is ‘suitable alternative employment’ depends…

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Finding work through an employment agency

Finding work through an employment agency

Recruitment agencies can be an excellent means of finding either temporary or permanent roles. They are also able to search for jobs for you on your behalf.  Choosing an agency There are a wide variety of different agencies in the UK. Some handle less specific roles while others are much more specialist. Agencies can also focus on junior staff, senior positions, or both. Before registering with a recruitment agency think carefully about the type of…

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Finding work through an entertainment or modelling agency

Finding work through an entertainment or modelling agency

A common way for would-be models or entertainers to find work is through agencies. A lot of agencies are legitimate and professional, but some try to take advantage. Find out more about the rules that apply to these agencies. Entertainment and modelling agency rules If you are looking for entertainment or modelling work slightly different rules apply to the agencies who find work for promotional staff. On 1 October 2010, new rules came into force…

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Fixed-term employee protection

Fixed-term employee protection

Fixed-term workers have the same minimum rights as permanent workers. Find out what a fixed-term contract is and what extra protection there is for fixed-term employees. What ‘fixed-term’ means To be a fixed-term employee two conditions must apply: you must have an employment contract with the business you work for your employment contract must be fixed-term, meaning it must end on a particular date, after a certain event or on completion of a task Examples…

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Fixed-term workers

Fixed-term workers

Practical support for business If you run a business and employ people, visit businesslink.gov.uk for practical support on your responsibilities as an employer businesslink.gov.uk Opens new window Fixed-term employee protection Find out what a fixed-term contract is and what it means for your employment rights and responsibilities Ending and renewing your fixed-term contract How to give notice or increase a contract's length, plus the right to fair treatment including redundancy details

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Flexible working: the outcome of your application

Flexible working: the outcome of your application

If you have the right to request flexible working and you have made an application, your employer must consider your application. Find out what business reasons they should think about and the steps they should follow. Considering your application Your employer must consider your request on business grounds. They can only reject your application for one of the following business reasons: burden of additional costs detrimental effect on ability to meet customer demand inability to…

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Further help

Further help

Provides free information direct to the public on a range of common legal problems. Call 0845 345 4 345 If you qualify for legal aid, get free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment or housing. Also find a high quality local legal adviser or solicitor. Click www.communitylegaladvice.org.uk Find a high quality local legal adviser or solicitor, link to other online information and see if you qualify for…

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Further help

Further help

Community Legal Advice Provides free information direct to the public on a range of common legal problems. Call 0845 345 4 345 If you qualify for legal aid, get free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment or housing. Also find a high quality local legal adviser or solicitor. Click www.communitylegaladvice.org.uk Find a high quality local legal adviser or solicitor, link to other online information and see if…

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Giving and receiving a reference

Giving and receiving a reference

For job applicants, it’s essential to know the law on giving and receiving a reference as a good or bad one can make all the difference in an employer’s decision to hire you. Similarly, if you’re an employer or manger asked to give a reference, it’s important to know what your obligations are since you can incur significant liability if you make a mistake. No duty to provide a reference While it’s good practice to…

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Guarantee pay

Guarantee pay

If you are laid-off then you may be entitled to receive guarantee pay. Find out how to work out if you are entitled to guarantee pay and how to calculate the amount you should receive. Statutory guarantee pay Statutory guarantee pay is the minimum you should be paid for any complete day you are laid-off work. To get statutory guarantee pay you must: have been employed continuously for at least one month(this includes part-time workers)…

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Guide to dealing with losing your job

Guide to dealing with losing your job

The prospect of losing your job is difficult to plan for at the best of times, but you have rights that are protected by law. This section helps you to make sense of redundancy or dismissal, enabling you to manage your finances and reconsider your options for the future. Changes to age discrimination for over 50s New regulations came into force on 1 October 2006 that make it unlawful for employers to discriminate against workers…

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Handling tips at work

Handling tips at work

Since 1 October 2009, service charges, tips, gratuities and cover charges can no longer make up your National Minimum Wage pay. Find out what this means if you receive tips as part of your pay and what responsibilities your employer has. Calculating your National Minimum Wage pay rate Any service charges, tips, gratuities and cover charges (tips etc) you are paid must be on top of your National Minimum Wage (NMW) rate. This applies no…

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Health and safety representatives

Health and safety representatives

Your employer has a duty to consult all staff about health and safety issues in the workplace. They do this by either talking direct to employees or to a safety representative acting on behalf of the employees. Rights and functions of safety representatives If your employer recognises a trade union and the union has appointed a safety representative (rep), your employer must consult the safety rep. If there is no recognised union, your employer must…

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Help getting paid the National Minimum Wage

Help getting paid the National Minimum Wage

If you believe you are being underpaid you can see your employers National Minimum Wage records, or ask HM Revenue & Customs (HMRC) to investigate for you. You can contact the Pay and Work Rights Helpline for free, confidential advice. What to do first You should start by trying to make sure you have calculated your pay correctly. Most employees have the right to be given a written document setting out their rate of pay…

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Holiday entitlements: the basics

Holiday entitlements: the basics

All workers have a right to at least 5.6 weeks paid annual leave, but you could receive more than that. Your employer can control some things about your holiday, including when you should take it and whether they include bank holidays in your entitlement. The basics of holiday rights There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are…

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How do employment contracts transfers work?

How do employment contracts transfers work?

What is the purpose of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)? When a business, or ‘undertaking’, is transferred from one owner to another, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) aims to protect employees’ terms and conditions of employment. What is the practical effect of a transfer of undertakings? When a business changes hands, employees of the previous business owner automatically become employees of the new owner and they are…

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How do I claim constructive dismissal?

How do I claim constructive dismissal?

You may be able to claim constructive dismissal if you are forced to resign because of your employer’s unlawful behaviour. In order to pursue a claim for constructive dismissal, you must show that: 1. your employer committed a serious breach of your employment contract; 2. you did not accept the breach; and 3. you felt forced to resign because of that breach. To find a solicitor to discuss whether you might have a case for…

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How do I hand in my notice and what happens if I receive notice?

How do I hand in my notice and what happens if I receive notice?

Handing in, or receiving your notice, marks the beginning of the end of your employment with a particular employer. By law the statutory notice period, if you have worked for your employer for more than one month, is one week. However, it is common for employment contracts to state that the notice period for a job is longer. If you require further help on a matter of employment law you can use our solicitor directory to the…

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How do I resign from a job and what happens afterwards?

How do I resign from a job and what happens afterwards?

You can always choose to leave your job by resigning. Find out about the things you should think about before resigning, what to do when you resign and your rights once you have resigned. What is resignation? When an employee hands in their resignation, or ‘resigns’, they are making a formal statement – either orally or in writing – that they intend to leave their job. How do you resign? An employee can resign in…

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How many hours can my employer make me work?

How many hours can my employer make me work?

Working hours are often a contentious issue in employment. Although many employees work a standard 40-hour working week, many are asked to work longer hours in order to satisfy demand or cope with short staffing. The law aims to protect employees from having to work excessive hours, which can be dangerous to the health and wellbeing of the workforce. The European Working Time Directive (2003/88/EC) states that workers should be entitled to work no more…

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How should I handle disciplinary action as an employee?

How should I handle disciplinary action as an employee?

This guide contains information for employees whose employers have taken disciplinary action against them on or after 6 April 2009. In the eyes of the law, an employee may be: An agency worker A home worker A self-employed person. If you require further help on a matter of employment law you can use our solicitor directory to the right of this article to look for legal advice near you.   What is disciplinary action? Your employer may…

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How to claim wrongful dismissal

How to claim wrongful dismissal

You can pursue your claim for wrongful dismissal either in the civil courts (i.e., the county court or the high court) or before an employment tribunal. Going to an employment tribunal To commence an action with an employment tribunal, you must file Form ET1 within three months of your last day of employment. One advantage of using an employment tribunal is that a claim for wrongful dismissal can be dealt with at the same time…

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How to resolve a problem at work

How to resolve a problem at work

If you have a problem at work find out about the different ways, both informal and formal, that you could try to help sort things out. Before taking action try to work out what the problem is and make sure it isnt a simple mistake or misunderstanding. Try to sort it out informally first Problems with your employer will probably come under one of two categories, grievances or disciplinaries. Grievances These areconcerns, problems or complaints…

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Im being made redundant and I dont think its fair. What can I do?

Im being made redundant and I dont think its fair. What can I do?

What are the grounds for redundancy? For an employee to be made redundant, their job must no longer exist. It is not legal for an employer to recruit another individual to directly replace a redundant employee. However, an employer can hire new staff to perform different functions of the business or in an alternative location. How should employees be informed about redundancies being made? An employee must notify their workforce of their intention to make…

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Im being paid less than the minimum wage. What can I do?

Im being paid less than the minimum wage. What can I do?

The majority of people legally working in the UK must receive at least the minimum level of pay from their employer (irrespective of their size) – known as the National Minimum Wage (NMW). Who does the National Minimum Wage apply to? The NMW applies to workers at or over compulsory school-leaving age (the last Friday of the school year they turn 16) including: overseas workers in the UK on a short-term basis agency and home-workers…

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Industrial action – your right to prevent disruption

Industrial action – your right to prevent disruption

Sometimes, when members of a trade union take industrial action, the availability of goods and services becomes disrupted. Find out if you have the right to prevent any disruption to the delivery of goods or services you normally receive. Your right to prevent disruption You have the right to try to prevent or stop industrial action if the industrial action is, or is likely to be, unlawful and either: is likely to prevent or has…

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Industrial action and trade unions

Industrial action and trade unions

Industrial action usually occurs when members of a trade union are involved in a dispute with their employer that cannot be resolved by negotiation. The trade union will ask its members whether they wish to take action over the dispute. Forms of industrial action Workers usually take industrial action by refusing to work altogether or refusing to do work in the way theiremployment contractsays they should. There are two main forms of industrial action: strike…

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Industrial action ballots

Industrial action ballots

All trade union members have the right to be properly balloted before their trade union asks them to take part in industrial action. If you are concerned about the ballot conducted by your trade union, find out what you can do. Your right to an industrial action ballot Your trade union is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it has held a…

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Information and consultation in multinational companies

Information and consultation in multinational companies

If you work for a multinational company you may have the right to be informed and consulted about important ‘transnational’ workplace issues. Transnational issues are ones that affect your company’s workplaces in more than one country. The right to be represented on a European Works Council You may have rights under the Transnational Information and Consultation of Employees (TICE) Regulations 1999, if you work for a business that is: part of a multinational company operating…

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Insolvency payment claims

Insolvency payment claims

You might be entitled to claim certain payments from the National Insurance Fund if your employer is insolvent. In some cases, it might not be possible for you to claim all the money you are owed. Find out what arrangements there are to make sure you receive a minimum amount. Making an insolvency payment claim The insolvency practitioner will normally send you the necessary forms for claiming any money you are owed. If this does…

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Instant dismissals

Instant dismissals

If your employer is dismissing you from your job then there are certain procedures they should follow. In some cases your employer might be able to instantly dismiss you without going through the normal disciplinary procedures. What is instant dismissal? If your employer instantly dismisses you without making any investigation into the reasons why you are being dismissed, the circumstances are nearly always considered unfair. An example of an unfair dismissal could be where a…

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Job evaluations and appraisals

Job evaluations and appraisals

Job evaluations are when an employer decides the importance of individual jobs within a company. Appraisals are a way for you and your employer to review your work performance. Find out how job evaluations and appraisals work, what the benefits are and how to appeal if you disagree with them. What are job evaluations? A job evaluation is when an employer decides the importance of a number of different jobs within the company. A job…

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Joining a trade union

Joining a trade union

Find out about what trade unions are and what the benefits of being a trade union member could be. For example, trade unions will try to negotiate with your employer about your employment terms and conditions. What is a trade union? A trade union is an organisation made up ofmembers (a membership-based organisation)and its membership must be made up mainly of workers. One of a trade union’smain aims is to protect and advance the interests…

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Legal rights during recruitment

Legal rights during recruitment

Job seekers often complain about feeling powerless during the recruitment process. While to a certain degree this is understandable, it is important to remember that you have a number of legal rights. Recruitment fees and other charges Employers and employment agencies are not allowed to make you use fee-paying services (e.g., CV writing, training courses, or transport) as a requirement for finding you work. They are also forbidden from charging you fees for seeking to…

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Lost my job – should I hire a solicitor?

Lost my job – should I hire a solicitor?

In a job loss or redundancy situation, there are a number of reasons why you might want to hire a solicitor. Here is a list of several of them: Possible claim for unfair dismissal If you lose your job because you’ve been made redundant, you might nevertheless have a claim for unfair dismissal. Although a genuine redundancy is not regarded as unfair dismissal, to make you redundant your employer must follow certain procedures. If your…

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Lost my job – what next?

Lost my job – what next?

This article provides a few suggestions on practical steps you can take if you’ve lost your job. 1. Verify the reason for dismissal There are only six potentially fair reasons for dismissal: misconduct; lack of qualifications; retirement; redundancy; legal bar prevents continuing employment; “some other substantial reason” justifies dismissal (e.g., acting inappropriately at work). In all circumstances, your employer must act reasonably in treating the reason as a sufficient ground for dismissal. If your employer…

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Making a claim to an Employment Tribunal

Making a claim to an Employment Tribunal

If you have a problem at work that you can’t sort out, you might be thinking about making a claim to an Employment Tribunal. Find out what to do to make a claim and where to send the claim form. Before making a claim Before you make a claim, it will be helpful to seek specialist advice, particularly about: the tribunal process the kind of evidence you might have to present to support your claim…

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Making a complaint about discrimination

Making a complaint about discrimination

Despite huge advances in equality in modern societies, discrimination remains commonplace in many spheres of day-to-day life. Discrimination means treating another person differently because of an inherent characteristic. Examples of characteristics that form the basis of discrimination include age, gender and sexual orientation, although there are many others. In the UK, many forms of discrimination are outlawed by virtue of European human rights legislation (article 14 and protocol 12), but also due to the Equality…

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Maternity leave: an overview

Maternity leave: an overview

You have employment rights and responsibilities when you return to work after Statutory Maternity Leave. Find out what these are and what to do if you have any problems or you are denied your rights. Returning to work after Statutory Maternity Leave Whenreturning to work after Ordinary Maternity Leave (the first 26 weeks of your Statutory Maternity Leave), you have a right to the same job and the same terms and conditions as if you…

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Mediation in workplace disputes

Mediation in workplace disputes

There are several ways to sort out problems in the workplace without going to court or an Employment Tribunal, including mediation. If you and your employer agree to mediation it can be quick, often less than a day, and is almost always less expensive and stressful than taking legal action. Mediation In mediation, an independent and impartial third party discusses the issues in dispute with you and your employer. This is sometimes done separately, sometimes…

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More redundancy FAQs

More redundancy FAQs

Can my employer offer me redeployment at a lower salary? Even if you are made redundant, should you unreasonably refuse an offer of suitable alternative employment you will lose your entitlement to redundancy pay. This alternative offer of work must be made by your employer before your contracted-employment period ends and must commence at the latest within four weeks of the end of the original contract. Whether you are entitled to reject the proposal (and…

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New information and consultation arrangements

New information and consultation arrangements

Not everyone has the right to be informed and consulted by their employer. However if you do, and you don’t already have an information and consultation arrangement in place, you have to ask your employer for one. Asking for information and consultation (I&C) arrangements If you want to introduce information and consultation (I&C) arrangementswhere you work,you have to ask your employer for them. At least 10 per cent of the employees must ask for the…

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New regulations for agency workers

New regulations for agency workers

The Agency Workers Regulations 2010 are due to come into force in October 2011 and will add to the legislation, principally the Employment Rights Act 2005 that controls the way agency workers are treated. What is an agency worker? With regard to the regulations an ‘agency worker’ is defined as anybody who is supplied to do temporary work by an agency and has some kind of contractual agreement with the agency. The contractual relationship between…

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Notice pay

Notice pay

If you are leaving your job then you should be entitled to pay and benefits during your notice period. If your employer cant pay you then there are steps you can take to claim your payment. Your rights during your notice period During your notice period you will normally have the right to your normal pay and benefits (eg a company car), as set out in your contract of employment. Right to minimum pay during…

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Ordinary Paternity Leave

Ordinary Paternity Leave

If you are a father-to-be or you will be responsible with the mother for bringing up a child, you could have the right to Ordinary Paternity Leave. You may also qualify for Ordinary Statutory Paternity Pay. Find out what you are entitled to. Interactive help You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of theOrdinary Paternity…

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Ordinary Statutory Paternity Pay

Ordinary Statutory Paternity Pay

When your wife, partner or civil partner gives birth or adopts a child, you may be entitled to Ordinary Statutory Paternity Pay (OSPP). Find out more about your entitlement to receive Ordinary Statutory Paternity Pay and how to claim it. Who is eligible for Ordinary Statutory Paternity Pay For you to qualify for Ordinary Statutory Paternity Pay, all of the following must apply: you must be the biological father or adopter of the child or…

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Output or piece work

Output or piece work

Almost all workers should be paid the National Minimum Wage, including output workers (often called piece workers). If you are paid for the number of things you make or tasks you do then you are probably an output worker. Output work Output workers, also called piece workers, are paid for the number of things they make (for example, articles of clothing) or tasks they do (for example, filling envelopes). Output workers often work at home…

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Overseas adoption leave and pay

Overseas adoption leave and pay

If you live in Britain and adopt a child from overseas you may have the statutory right to take up to 52 weeks adoption leave and receive Statutory Adoption Pay for part of that time. Your partner may also be able to take paternity leave and pay. Who is eligible for Statutory Adoption Leave and Pay If you are adopting from overseas there are differences in the qualifying criteria and date when you can begin…

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Overview of discrimination law

Overview of discrimination law

It is unlawful to discriminate against a person at work or in employment services on the following grounds: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race, caste, ethnicity, national origin or skin colour; religion or belief; sex; sexual orientation; part-time work; fixed-term work; trade union membership or activities. Equality Act 2010 The Equality Act harmonises discrimination law for the following ‘protected characteristics’: age; disability; gender reassignment; marriage and civil partnership; pregnancy…

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Part-time work

Part-time work

Working part-time can be a good way of balancing your work and your personal commitments. If you work part-time, you have the right to be treated fairly in comparison to your full-time colleagues. What is a part-time worker? A part-time worker is someone who works fewer hours than a full-time worker.There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a…

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Part-time worker protection

Part-time worker protection

If you are a part-time worker you are protected from being treated less favourably than an equivalent full-time worker just because you are part time. The only exception this is if your employer can objectively justify their treatment of you. Equivalent full-time workers To judge whether you are being treated less favourably than a full-timeworker you should compare yourself to an ‘equivalent’ full-time worker. This is someone doing a similar job on the same type…

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Paternity Leave: an overview

Paternity Leave: an overview

If you are entitled to Statutory Paternity Leave you should follow the correct process for requesting it. Find out how to claim your Statutory Paternity Leave, what notice you should give and what to do if you have any problems. Interactive help You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of the Statutory Paternity Leave and…

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Pay and Work Rights Helpline

Pay and Work Rights Helpline

Pay and Work Rights Helpline This confidential helpline provides help and advice on government-enforced employment rights. It provides information on: National Minimum Wage rights working for an employment agency the right not to have to work more than 48 hours a week against your will Agricultural Minimum Wage rights working for a gangmaster (an agent who finds you work in agriculture) If you need to know more about your rights in these areas, or think…

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Pay and Work Rights Helpline >> Pay And Work Rights

Pay and Work Rights Helpline >> Pay And Work Rights

Pay and Work Rights Helpline This confidential helpline provides help and advice on government-enforced employment rights. It provides information on: National Minimum Wage rights working for an employment agency the right not to have to work more than 48 hours a week against your will Agricultural Minimum Wage rights working for a gangmaster (an agent who finds you work in agriculture) If you need to know more about your rights in these areas, or think…

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Pay deductions

Pay deductions

Employees, workers and some other groups are protected from employers making unauthorised deductions from their pay and wages. Employers can only make a deduction in specific situations and they must follow your employment contract terms. Find out when employers can make deductions and what protection you have. Who is protected from unauthorised pay deductions? As well asemployees and workers, protection isgiven to: apprentices people working under a contract for services Crown servants anyone who works…

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Performance-related pay

Performance-related pay

A company may introduce a performance-related pay scheme to encourage higher performance. The better you – or your team – carry out your work, the more your employer pays you. Find out more about the different types of performance-related pay schemes and what to do if you have problems. What is performance-related pay? Performance-related pay is a way of rewarding employees for higher performance. There are a number of reasons why your employer might introduce…

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Permission to work in the UK

Permission to work in the UK

If you want to come to the UK to work you may need to apply for permission under the points-based system. Find out about the different tiers, and what you will need for your application. Applying for a visa Your right to work in the UK will depend on where you are from. Unless you are a British citizen or a citizen of one of the European Economic Area (EEA) countries, you may need a…

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Picketing and picket lines

Picketing and picket lines

Picketing is used as a way of increasing support for industrial action. Find out when, where and how it is lawful to do it and what you need to know if you are thinking of joining a picket line or if you want to cross one. Picketing When workers involved in industrial action stage a protest at or near a workplace to increase support for their cause, this is called picketing. Workers who are involved…

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Positive discrimination

Positive discrimination

Positive discrimination is the process of giving preferential treatment, especially in employment, to minority groups of society that have been prejudiced against in the past. It should be noted that ‘preferential treatment’ does not mean that these individuals will automatically be preferred to another candidate, but rather should two candidates be deemed a similar level, the individual from the minority group will be preferred. For example, should two candidates who are equally matched in skills…

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Pre-employment checks

Pre-employment checks

When you start a new job, your employer may wish to carry out a number of checks. The checks that they carry out could depend on the type of job you are going to do. Find out what kind of checks could be needed. Types of checks An employer may need to carry out certain checks before you start work. Identification documents Before you start working for a new employer they will probably want proof…

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Protection of whistleblowers

Protection of whistleblowers

If you believe there is malpractice or wrongdoing happening in a workplace then you can blow the whistle on the behaviour and you could be protected from losing your job and/or being victimised by your employer. Whistleblowing The official name for whistleblowing is making a disclosure in the public interest, however it is much more commonly called blowing the whistle or whistleblowing. It means that if you believe there is wrongdoing in your workplace (eg…

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Raising a grievance at work

Raising a grievance at work

Raising a grievance at work is something many of us will have to do in our professional careers. Grievances can be caused by anything from a change in work circumstances or a problem with health and safety, to what you perceive is a breach of your work contract. You might also feel harassed in the workplace, or even discriminated against. Workplace grievances are common. A report conducted by ACAS in 2008 looking at the number…

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Redundancy bumping

Redundancy bumping

Generally, your job must disappear for you to be made redundant, but it can also happen if someone else’s job disappears and they are moved into your job, making you redundant. This is known as redundancy bumping, or transferred redundancy, which often happens when a more senior employee is prepared to take a more junior role to avoid redundancy. Redundancy bumping has become a hot topic in recent times as employers look at different ways…

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Redundancy during pregnancy or maternity leave

Redundancy during pregnancy or maternity leave

Redundancy is a potentially fair reason for dismissal regardless of whether you are pregnant or on maternity leave. But if an employer selects you for redundancy purely because you’re pregnant, on maternity leave, or recently had a child, you can claim automatic unfair dismissal and sex discrimination. In all cases, employers have the burden of proving they acted reasonably when carrying out the redundancy. If your case reaches an employment tribunal, they will consider whether…

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Redundancy FAQs

Redundancy FAQs

How do I know if I’ve been fairly selected for redundancy? As a first step, your employer must fairly select a category of employees for redundancy. Generally, employment tribunals grant employers a certain degree of leeway on this: provided a reasonable employer acting reasonably could have made the same selection, it will be upheld as fair. Next, your employer should warn and consult employees affected by redundancy (or their representatives). Indeed, if your employer is…

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Redundancy selections and notice periods

Redundancy selections and notice periods

Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be based on some evidence, rather than your employer just deciding who they want to give notice to. Methods of selection If a method for deciding redundancies has been agreed with a trade union, your employer should follow it. Otherwise, there are some common approaches your employer could use and combine when selecting employees for…

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References and job offers

References and job offers

References are used by employers to find out if you are suitable for a job and are a reliable employee. Before you accept a job offer make sure you know your rights and what a prospective employer expects of you. References Does your employer have to give you a reference? If you want to leave your job you’ll probably want a reference. It’s good practice for your employer to give one, but they don’t have…

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Refusing to comply with drug tests at work

Refusing to comply with drug tests at work

Workplace drug testing has become more common in recent years, though this is usually dependant on the industry sector you are working in. Nevertheless, more industries are including the right to test for drugs in their employment contracts or more commonly the employee handbook. If you are requested to take a drug test by your employer you may wish to seek legal advice from an employment solicitor to ensure that this is not of a…

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Religion or belief discrimination

Religion or belief discrimination

Discrimination occurs whenever someone treats someone else differently because of a characteristic or opinion of that other person. Discrimination can take many forms and can be driven by many different prejudices, including racial prejudice, sexual orientation or gender prejudice and prejudice based on religion or beliefs. Discrimination can take many forms. At one level it might mean treating someone less favourably, perhaps by not offering a job or a promotion. At another level it might…

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Relocation of work

Relocation of work

Sometimes companies move location, perhaps because of the need to reduce costs, find bigger premises, for restructuring or to merge with another business – if your employer moves, you have certain rights and obligations. Do you have to move if your employer moves? If your employer moves the location of their business, your situation depends firstly on the terms of your contract of employment. Some contracts include a ‘mobility clause’ which says you have to…

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Resolving problems with trade unions

Resolving problems with trade unions

If you are looking to make a complaint against a trade union then it is suggested you contact the United Kingdom Certification Officer. What does the Certification Officer do? The Certification Officer has a number of duties and responsibilities. They: certify the independence of trade unions ensure the statutory requirements governing mergers between trade unions and employers’ associations maintain a list of trade unions and employers’ associations oversee the political funds and finances of trade…

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Retirement age

Retirement age

These days, for most people, the decision of when to retire is a personal choice, but this hasn’t always been the case. This article explains why the default retirement age was abolished and what retirement age means today. What is the ‘Default Retirement Age’? The ‘Default Retirement Age’ (DRA) came into effect in 2006. The DRA gave employers the power to force employees into retirement at the age of 65. Employees could ask to continue…

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Severe weather and your rights at work

Severe weather and your rights at work

Flexible ways of working Employers should neither force nor encourage employees to travel to work in severe weather. If dangerous weather conditions make it difficult for employees to travel to work, employers should consider alternative ways of employees working.  This could include: providing employees with laptops or handheld devices  authorising employees to work from home authorising employees to work flexibly. Employers are legally responsible for the health and safety of their employees irrespective of their…

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Sex discrimination and equal pay

Sex discrimination and equal pay

Sex discrimination occurs when an employer treats an applicant or employee different because of their gender and is covered by the Equality Act, 2010. Discrimination of this nature is illegal and if you feel you been discriminated against because of your gender there are courses of action available to you.  Types of sex discrimination There are four types of discrimination covered by the law. Victimisation – when an employee is treated unfairly because of a…

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Sexual orientation discrimination

Sexual orientation discrimination

It is against the law for your employer to discriminate against, victimise or harass you because of your sexual orientation, or your perceived sexual orientation. Find out about your rights and what to do if you are treated unfairly because of your sexuality. Protection from discrimination You are protected against sexual orientationdiscrimination if: you are lesbian, gay, bisexual or heterosexual people think you are gay, lesbian or heterosexual when you are not you have gay…

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Shared Parental leave: an overview

Shared Parental leave: an overview

If you had or adopted a child on or after 5 April 2015 you are entitled to Shared Parental Leave. What is Shared Parental Leave? Shared parental leave is time you or your partner can take off from work after the birth of your child or if you have adopted a child. Essentially, you have 52 weeks where one parent can stay home and look after the new child whilst the other parent is at…

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Should I resign and claim constructive dismissal?

Should I resign and claim constructive dismissal?

If your employer acts unlawfully and commits a serious breach of your employment contract, you may need to resign. In this case, you may have a claim for constructive dismissal. Before resigning, you should be aware that you will need to: prove your employer committed a serious breach of your employment contract; show that you did not accept or waive the breach; and demonstrate that you had no other option but resign. 1. What conduct…

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Statutory Adoption Leave (UK adoptions)

Statutory Adoption Leave (UK adoptions)

If you adopt a child, you may have the right to 52 weeks of Statutory Adoption Leave. Find out more about qualifying for Statutory Adoption Leave and how to tell your employer that you want to take it. Personalised help on your Statutory Adoption Leave and Pay entitlement You can get personalised help on what Statutory Adoption Leave and Pay you may qualify for by using the onlineadoption rights tool. The tool will produce a…

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Statutory Maternity Leave

Statutory Maternity Leave

If you are a mother who is an employee, you have the statutory right to a minimum amount of maternity leave. Your employer may also offer their own maternity leave scheme. Find out how much leave you may qualify for. Personalised help You canget personalised help on what you may qualify for by using the online maternity rights tool. The tool will produce a personalised statement of the maternity leave and pay that you may…

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Statutory Maternity Pay

Statutory Maternity Pay

To help you to take time off work before and after your baby is born, you may be able to get Statutory Maternity Pay (SMP). This is a weekly payment from your employer. Find out who can get SMP and how to claim. Who can get SMP? To qualify for SMP you must have been: employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby…

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Statutory Maternity Pay – how it is worked out

Statutory Maternity Pay – how it is worked out

Your employer will look at your gross earnings paid to you in a set period. They will work out your average weekly earnings over this set period to find out if you qualify for Statutory Maternity Pay and how much to pay you. How much do you get If you qualify for Statutory Maternity Pay (SMP) it is paid for a maximum period of 39 weeks. It is paid: for the first six weeks at…

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Taking part in industrial action

Taking part in industrial action

Find out about your employment rights if you are thinking about taking part in industrial action. For example, if you are dismissed for taking part in industrial action, you may be able to claim unfair dismissal. Being paid during industrial action You are free to withdraw your labour by taking industrial action and you cannot be forced by the courts to stay at or return to work. If you take industrial action, you will probably…

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Taking your adoption leave

Taking your adoption leave

Find out more about your rights during adoption leave and what happens to your job when you come back. These rights are the same if you are adopting from the UK or from overseas. During your adoption leave Your terms and conditions during adoption leave While you’re on ordinary adoption leave, you keep your normal employment rights and benefits (apart from wages). This might include any access to a company car or mobile phone that…

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Taking your holiday

Taking your holiday

If you are thinking of taking a holiday and you are working, ensure you have given your employer the correct amount of notice and make sure your employer pays you correctly. I want to take a holiday If you decide on taking a holiday, you need to give your employer advanced notice. This notice should be at least twice as long as the intended holiday. Furthermore, be aware an employer can refuse permission for your…

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Taking your parental leave

Taking your parental leave

If you qualify for parental leave then there are certain steps you must take when applying, including deciding how long to apply for. Your employer could postpone your request, but only on very specific grounds. Parental leave arrangements Wherever possible, employers and employees should make their own agreements about how parental leave will work in a workplace. If this is not possible the following rules apply.Your workplace agreement cannot be less favourable than these. Giving…

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The basics of calculating your pay

The basics of calculating your pay

Its important to know how to calculate a weeks pay as it is used to work out how much you should get when claiming some employment rights, such as redundancy pay. It is not always the same as your average pay, or the pay you get in a typical week A weeks’ pay The pay you are dueeach week under your contract of employment can be different to your average pay over a month or…

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The National Minimum Wage rates

The National Minimum Wage rates

The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. Find out what the current rates are and where to get help if you think you are being paid below the minimum wage rate. Current NMW rates There are different levels of NMW, depending on your age and whether you are an apprentice. The current rates (from 1 October 2013) are: 6.31 –…

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The Pensions Advisory Service (TPAS)

The Pensions Advisory Service (TPAS)

The Pensions Advisory Service (TPAS) is an independent non-profit organisation which provides free information, advice and guidance on state, company, personal, stakeholder and occupational pensions.  It also helps any member of the public who has a problem, complaint or dispute with their occupational or private pension arrangement. If you would like to contact TPAS their information can be found here: Address 11 Belgrave Road London SW1V 1RB Telephone Numbers (lines are open 9am to 5pm)…

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The right to request flexible working

The right to request flexible working

‘Flexible working’ is a method of working that is best suited to an employee’s needs. Examples include: remote working term-time working part-time working flexi-time job-sharing. Flexible working – the employee’s rights and responsibilities Employees must make requests for flexible working: in writing stating their relationship to the child or carer detailing the impact the flexible working arrangement will have on the employer’s business giving a suggested start date. Requests for flexible working also need to…

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Time off for dependants

Time off for dependants

In many cases you have the right to take time off work to deal with an emergency involving someone who depends on you (sometimes called compassionate leave). You cant be penalised by your employer for taking the time off, providing your reasons for taking it are genuine. Your right to time off for dependants If you are an ’employee’, you have the right to unpaid time off work to deal with emergencies involving a ‘dependant’…

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Time off for jury service

Time off for jury service

Trial by jury is a key part of our legal system and our democratic way of life. Jury service is an important responsibility for all citizens. Find out about your right to time off work for jury service. Does your employer have to give you time off for jury service? If you are called up for jury service your employer must allow you time off for this. If they don’t, they could be in contempt…

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Time off for public duties

Time off for public duties

If you are an employee you have the right to time off work for certain public duties and services. Your rights will vary depending on what work you do and what the duty or service is. Do you qualify? You are allowed time off workfor public duties if you are an ’employee’ and one of the following: a magistrate, sometimes known as a justice of the peace a local councillor a school governor a member…

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Time off for trade union duties and activities

Time off for trade union duties and activities

If your employer recognises the trade union you are a member of, you have the right to take a reasonable amount of time off for trade union activities. If you are a representative, you may have the right to take a reasonable amount of time for some of your duties. Entitlement to time off You are entitled to reasonable time off without pay to take part in trade union activities if you are a member…

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Time work

Time work

Almost all workers should be paid the National Minimum Wage. If you are paid according to the number of hours you are at work, you are a doing time work. ‘Salaried hours’ workers are paid in equal weekly or monthly instalments for an agreed basic number of hours over a year. Time work If you are paid according to the number of hours you are at work, you are doing time work so anybody whose…

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Trade union ballots

Trade union ballots

All trade unions have systems to involve their members in decision-making. These can involve the holding of ballots and elections to measure opinion among members. In some cases trade unions are required by law to ballot their members. The result of the ballot decides what happens. Statutory ballots There are three circumstances where the law says that a trade union must ballot all of its members. These are: in advance of a merger with another…

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Trade union elections

Trade union elections

Trade unions must by law hold elections for certain senior positions. Many trade unions also hold elections for other positions. Find out how elections are held, what your trade unions responsibilities are and which positions must be filled by election. Statutory elections Trade unions must hold elections to fill the following positions: president (or equivalent) general secretary (or equivalent) members of the executive positions that automatically mean that the holder is a member of the…

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Trade union finances and accounting records

Trade union finances and accounting records

Trade unions have certain rules they must meet over their finances and accounting records. Find out about the right of trade union members to be sent and have access to some of a trade union’s finance and accounting records. Duty to keep accounting records A trade union must keep proper accounting records of its finances. They must have a system of controlling their records,cash holdings,receipts and payments. An audited set of financial records must bepart…

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Trade union political funds

Trade union political funds

Some trade unions maintain a political fund. This is a separate account which the trade union can use to provide financial support for a political party. For example, they could donate to a party or particular politician, produce leaflets in support at an election, or support party conference costs. Political funds Trade unions may have an interest in government policies or other issues of the day. It isnot unusual for trade unions to campaign in…

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Trade union representatives

Trade union representatives

If your employer deals with trade unions, you may be represented in your workplace by colleagues who are trade union representatives. You may even wish to become a representative and talk to your employer on behalf of your colleagues. What is a trade union representative? A trade union representative (rep) is a member of a trade union who represents their work colleagues in dealings with an employer. They often provide advice on employment matters directly…

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Trade union rules and membership register

Trade union rules and membership register

Find out about a trade union’s duties around their rules and membership register. For example, they have to give a copy of their rules to anyone who asks for one. They must also keep an up-to-date membership register. Trade union rules and membership contract If you join a trade union, you enter into a binding contract with it. That contract is the trade unions rules and sets out the terms and conditions of your membership….

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Trade union subscriptions

Trade union subscriptions

The amount of your subscription is set by your trade union. It may be a fixed amount, or based on how much you are paid. It is used to pay for the administration of the trade union. What can subscriptions be used for? Trade union subscriptions could be used for: maintaining the trade unions offices and facilities communicating with members publicity material for campaigns paying trade union staff Your subscription may also include a contribution…

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Transfers of insolvent businesses – employee rights

Transfers of insolvent businesses – employee rights

If your employer is insolvent and their business is being transferred or taken over by another company, your employment rights might be protected, depending on the type of insolvency proceeding. There are some differences to the protections offered during a normal transfer. Employment protection during insolvency If your employer is insolvent and they are closing the business, selling the assets and distributing the proceeds to creditors your employment rights will probably not be protected during…

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Transgender discrimination and the law

Transgender discrimination and the law

There is a large amount of legislation in England and Wales that protects individuals’ rights not to be discriminated against. If you feel you are being unlawfully discriminated against for any particular reason you should contact a local solicitor for specific legal advice. Types of discrimination Discrimination usually takes one of four forms: Direct discrimination – This is when two or more people are in the same circumstances and yet one person is treated differently…

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Types of information and consultation arrangements

Types of information and consultation arrangements

If you have the right to be informed and consulted about important workplace issues, you may have an information and consultation agreement in place with your employer. It could cover the performance of the business, expected levels of employment in the future or changes in business direction. What are the types of agreement? There are three types of information and consultation (I&C) agreement: pre-existing agreements – if your employer already has arrangements in place negotiated…

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Types of trade union representatives

Types of trade union representatives

If you have a problem at work you might need to talk to your most appropriate workplace representative. If you arent sure who the most appropriate representative is, you should talk to your shop steward or branch representative who will normally know. Permanent trade union staff Many trade unions employ paid staff to act as representatives (reps) for employees in the workplace. They often work closely with lay reps (eg shop stewards and other workplace…

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Understanding your employment status

Understanding your employment status

It is important to understand your employment status as it determines both your rights and your employer’s responsibilities. Furthermore, your employment status will have an impact on your tax status. What type of employment applies to me? There are three main employment status types: Employee  Worker Self-employed Articles discussing each type of employment status can be found on this site. Why should I be concerned about my employment status? You should be aware of your…

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Unfair constructive dismissal

Unfair constructive dismissal

You may be able to claim unfair constructive dismissal if you are forced to resign because of your employer’s unlawful behavior. In order to pursue a claim, you must show that: your employer committed a serious breach of your employment contract; you did not accept the breach; and you felt forced to resign because of that breach. 1. Serious breach of your employment contract a. Examples of serious breaches of contract Examples of serious breaches…

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Unfair dismissal

Unfair dismissal

If you feel your employer ended your employment unfairly, either because of the reason why you were dismissed, or the process they used, then you may have been unfairly dismissed and might be able to complain to an Employment Tribunal (or Industrial Tribunal in Northern Ireland). What is unfair dismissal There are several ways your dismissal could be unfair: your employer does not have a fair reason for dismissing you (eg if there was nothing…

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Unfair dismissal FAQs

Unfair dismissal FAQs

What is unfair dismissal? Dismissal can be unfair for a variety of reasons. For example, your employer may lack a fair reason for dismissing you; your employer may fail to follow the correct dismissal process; or your employer may dismiss you for an automatically unfair reason. What are fair grounds for dismissal? If you pursue a claim for unfair dismissal, your employer has the burden of showing your dismissal was based on one of six…

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Unmeasured work

Unmeasured work

If you do not think you are doing time work, salaried hours work or output work – then you are probably doing unmeasured work. Even with unmeasured work almost all workers are still entitled to be paid the National Minimum Wage (NMW). Unmeasured work Pay and Work RightsHelpline Confidential help and advice on the NMW 0800 917 2368 Unmeasured work is any work that isnt time work, salaried hours work or output work. In particular,…

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Using employment agencies

Using employment agencies

While agency workers (often called ‘temps’) benefit from many employment rights, they will have different working rights from employees. As an agency worker, it’s important to know your rights and the rules about the way employment agencies and employment businesses should treat you. Employment agencies and employment businesses Employment businesses andemployment agencies are different things: abusiness that arranges you temporarywork with a hiring company is legally known as an ’employment business’ an employment agency is…

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Voting in trade union elections

Voting in trade union elections

All trade unions involve their members in running trade union affairs, often by selecting individuals who take official positions within the trade union. These can either be local (eg shop stewards or branch secretaries), regional or national (eg members of the regional or national executives of the trade union). Balloting trade union members When it comes to determining the method of selecting individuals to to fill the most senior positions in trade unions, the law…

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Warning: your lifestyle and expenses may need adjusting

Warning: your lifestyle and expenses may need adjusting

If you’ve lost your job, most likely you’re going to need to adjust your lifestyle and focus on reducing your expenses. Here’s a checklist of things to focus on: 1. Budgeting First things first, you need to carefully analyse your budget. Go through your bills and spending patterns during the last few months of your employment. Separate out essential purchases from non-essential items. After you’ve done this, come up with a plan to eliminate non-essential…

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What are my rights as a worker?

What are my rights as a worker?

As a worker there are certain rights that you are entitled to. Read on to learn more about what some of these rights are. What is the difference between my contractual rights and statutory rights in an employment law context? When an employee enters into an employment contract with an employer, they automatically have conferred on them: 1. ‘contractual rights’, as laid out in their contract of employment 2. ‘statutory rights’, which are rights provided…

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What are my rights as an employee?

What are my rights as an employee?

Employees have rights and many of these rights are legally protected, meaning all employees have recourse to the law to ensure those rights are observed, and that they receive compensation or some other form of redress when they are not. Some employee rights are statutory, this means they are given by the law of the UK and apply to all employees. Other rights are contractual, which means they are given by your particular employment contract….

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What are my rights if I work part-time?

What are my rights if I work part-time?

What are my rights as a part-time worker? Just like full-time workers, part-time workers’ rights are protected by the law.  Am I a part-time worker? If you work fewer hours than a full-time worker then you can be considered part-time. However, there is no specific number of hours that defines a full-time worker and it is likely you can find out whether you are a part-time or full-time worker via your contract or job description. …

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