Frequently Asked Questions About Employment Law

October 11th, 2016 by

Employment law is a complex area that has the ability to confound everybody, from those who are new to the workplace through to experienced employees who are experiencing issues related to the field. Fadiga and Co. is a team of solicitors that is able to help anybody with employment-related issues. However, if you are just looking for some basic advice, this FAQ should be able to help.
What is Constructive Dismissal?
Constructive dismissal is amongst the most common employment issues and occurs when an employer breaches a contract to the point that an employee resigns as a result of the breach. It is important to establish that you would not have accepted this breach in any possible form.
Examples of such breaches include a forced cut in salary, imposing unfair disciplinary procedures and not providing a safe working environment.
What Is The Legal Minimum Working Age?
A person can only work full-time hours – 40 hours per week – once they have reached school-leaving age. This is a little more complex than before, as those between 16 and 18 are now required to stay in full-time education, begin an apprenticeship or training program, or spend twenty-hours per week working or volunteering while engaging in part-time education.
You may hire from the age of 13, though hours must be kept to part-time. People receive their full, adult employment rights once they reach 18.
What Is The Minimum Wage?
The National Minimum Wage applies differently depending on the age of the employee:
Apprentices – £3.50 per hour
Under-18 – £4.00 per hour
18-20 – £5.55 per hour
21-24 – £6.95 per hour
25+ – £7.20 per hour
What Are My Rights To Flexible Working Hours?
As of 30th June 2014, all employees who have completed 26 weeks of service have the right to request flexible working hours. This does not constitute a granting of flexible working hours, it merely means that you are able to request them and then move forward with whatever decision your employer makes.
What Is Gross Misconduct?
Gross misconduct is any action taken that can be considered to be a serious breach of your contract, making continued work with your employer possible.
Examples of gross misconduct include, but are not limited to, verbal and physical assaults, theft, dishonesty and intoxication. Your employer will often outline what they consider gross misconduct and you may find yourself subject to later legal proceedings in extreme cases.
What Is The Maximum Statutory Redundancy Payment
As of 6th April 2015, the maximum an employee can receive in statutory redundancy is £14,250. Your redundancy payment will be calculated using a number of factors, including time served at the company and whatever rate is mentioned in your contract.
What Is Unfair Dismissal?
For a dismissal to be fair, it must fall within one of the following categories:
• The employee did not have the qualifications or capability to perform the job.
• Poor conduct on the part of the employee.
• A breach of statutory duty or restriction.
• A genuine redundancy.
• A “substantial” reason, detailed by the employer.
If the dismissal is not for one of these reasons, or has been carried out in a procedurally-unfair manner, it can be considered an unfair dismissal.

An Explanation of Your Rights As An Employee

July 21st, 2016 by

Employment law is one of the most rapidly changing fields in the legal sector, so it is important that employees do what they can to say up to date on their rights so that they can pursue relevant action in cases where said rights are violated.
All employees have rights, some of which are statutory while others are contractual. Here we will examine both so that you have a better understanding of your rights under current employment law.
Statutory Rights
Statutory rights are granted to all employees, regardless of whether they work full or part-time, and are given by state law in the United Kingdom. There are a number of examples of statutory employment rights, with some only becoming valid after you have worked for an employer for a certain amount of time. Some of these rights include:
• Flexible working hours where appropriate.
• A maximum 48-hour working week.
• Protection from discrimination in the work place.
• To be provided with a notice in cases of dismissal, assuming you have been an employee for more than one month.
• A written statement that lays out the terms of your employment within two months of starting work.
• An itemised pay slip that makes you away of all tax and National Insurance removed from your pay.
• Protection from unlawful deductions from your pay.
• The right to be paid the current National Minimum Wage.
• The right to maternity, paternity, ante natal and holiday pay.
There are also some rights that you will have once you have worked for your employer for more than two years, including:
• The right to redundancy pay.
• Compensation in cases of unfair dismissal, which will often require legal proceedings.
Most people have the right to file a claim against your employer if any of the above are violated in any way. However, those who work as freelancers or as part of an agency may not share the same rights as a regular employee.
Furthermore, there are also some employees, such as those in the armed forces or police, who may not receive their full rights.
Contractual Rights
In addition to your statutory rights, you may also be granted a number of rights through your contract of employment. These will invariable be in addition to your statutory rights and will be relevant only for the employer that has offered you the contract.
However, in some cases, a contract may also limit your rights. For example, you can sign a contract that states you are willing to work above the maximum 48 hour work week. This is why it is important to check any contract you are offered before you sign.
It is also worth noting that these contract terms don’t always need to be in writing, though they usually are.
If you are unclear about any aspect of your contract, you should speak to your employer to get clarification. However, if you have any more questions about employment law and your rights as an employee, please don’t hesitate to contact Fadiga & Co. Our team will be happy to arrange a consultation and provide all of the advice that you need.