Monthly Archives: December 2015

#4 employment basics: statutory notice periods

The Employment Rights Act sets out the minimum notice periods which must be given to teminate employment.  These will apply unless the contract of employment provides a greater entitlement.

Where the employer gives notice to terminate:

  • At least 1 month’s employment but less than 2 years: 1 week’s notice
  • 2 years’ employment but less than 3: 2 weeks’ notice
  • 3 years’ employment but less than 4: 3 weeks’ notice
  • 4 years’ employment but less than 5: 4 weeks’ notice
  • 5 years’ employment but less than 6: 5 weeks’ notice
  • 6 years’ employment but less than 7: 6 weeks’ notice
  • 7 years’ employment but less than 8: 7 weeks’ notice
  • 8 years’ employment but less than 9: 8 weeks’ notice
  • 9 years’ employment but less than 10: 9 weeks’ notice
  • 10 years’ employment but less than 11: 10 weeks’ notice
  • 11 years’ employment but less than 12: 11 weeks’ notice
  • 12 years’ employment or more: 12 weeks’ notice.

Where the employee gives notice to terminate:

  • Employment of at least 1 month or more: 1 week’s notice.

The Employment Basics posts are intended to be reminders of some basic employment facts. Simple but necessary. Nothing more. Please contact us if you need specific help or advice.

#3 employment basics: unfair dismissal – exceptions to the 2 year rule

The qualifying period for a claim of ‘normal’ unfair dismissal is 2 years.  That means, in general terms, an employee has to have at least 2 years’ continuous employment with the employer before they have the right to bring an unfair dismissal claim.

However, there are exceptions to the 2 year rule.  If the reason for the dismissal is one of the following, an unfair dismissal claim can be brought regardless of how long the employee has been employed:

  1. Dismissal for making a protected disclosure (whistleblowing);
  2. Dismissal for reasons connected with childbirth, pregnancy, statutory maternity, statutory maternity, paternity, adoption or parental or dependent care or leave;
  3. Dismissal for a health and safety reason;
  4. Dismissal related to status as a part-time worker;
  5. Dismissal for reasons connected with making an application for flexible working;
  6. Dismissal related to status as a fixed-term employee;
  7. Dismissal in connection with the right to be accompanied to a disciplinary or grievance meeting;
  8. Dismissal related to the National Minimum Wage;
  9. Dismissal for asserting a specific statutory right;
  10. Dismissal because the employee (a shop or betting worker) refused to work on a Sunday;
  11. Dismissal for reasons connected with rights under the Working Time Regulations 1998;
  12. Dismissal in connection with trade union membership or non-membership, or participation in trade union activities;
  13. Dismissal for performing functions as an employee representative in a collective redundancy or TUPE situation;
  14. Dismissal for performing functions as an occupational pensions trustee;
  15. Dismissal for enforcing rights in relation to working tax credits;
  16. Dismissal in connection with pensions auto-enrolment;
  17. Dismissal in connection with the right to request time off for study or training;
  18. Dismissal in connection with a prohibited blacklist;
  19. Dismissal for taking part in protected industrial action;
  20. Dismissal in connection with an offer to become an employee shareholder;
  21. Dismissal in connection with carrying out jury service;
  22. Dismissal in connection with political opinions or affiliations;
  23. Dismissal in connection with membership of a reserve force, such as the Territorial Army;
  24. Dismissal in connection with information and consultation agreement activities;
  25. Dismissal in connection with the establishment of a European Works Council or participation in it;
  26. Dismissal in connection with trade union recognition;
  27. Dismissal following selection for redundancy on any of the above grounds;
  28. Dismissal in connection with exercising prescribed rights as an agency worker.

The Employment Basics posts are intended to be reminders of some basic employment facts. Simple but necessary. Nothing more. Please contact us if you need specific help or advice.

#2 employment basics: statutory maternity pay

An employee is entitled to statutory maternity pay if the following 6 conditions are met:

  1. She has been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the Qualifying Week) and has at least one day’s employment in the Qualifying Week during that 26 week period of employment;
  2. Her normal weekly earnings are not less that the lower earnings limit for NI purposes (£155 a week or £8,060 a year gross for the 2015-16 tax year);
  3. She is still pregnant (or has given birth) 11 weeks before the expected week of childbirth;
  4. She gives at least 28 days’ notice of when she intends her statutory maternity pay to start (or if not possible, at least as much notice as reasonably practicable);
  5. She provides a MATB1 form (or equivalent) from a midwife or doctor, confirming the expected week of childbirth, either before the birth or within 3 weeks following the birth; and
  6. She has ceased work.

The Employment Basics posts are intended to be reminders of some basic employment facts. Simple but necessary. Nothing more. Please contact us if you need specific help or advice.

#1 employment basics: protected characteristics

There are 9 protected characteristics which can give rise to discrimination claims:

  1. Age
  2. Sex
  3. Race
  4. Disability
  5. Religion or belief
  6. Sexual orientation
  7. Marriage and civil partnership
  8. Pregnancy and maternity
  9. Gender reassignment

The Employment Basics posts are intended to be reminders of some basic employment facts.  Simple but necessary.  Nothing more.  Please contact us if you need specific help or advice.