Frequently Asked Questions About Employment Law


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.