NEWCASTLE EMPLOYMENT LAW FAQS
What information must an Employer provide when employment commences ?
The employer must legally provide a "statement of employment” within 2 months of the employment starting. This is not an employment contract, which can be verbal or written, but does contain the main terms of employment. If the employer has not provided a statement this gives the employee the right to complain to the Employment Tribunal and for an order to be made to determine the details.
Can an employer change the employment statement?
The employer must consult with the employee for one month before making any changes.
What are the qualifying conditions for claiming Unfair Dismissal ?
In order to make a claim for unfair dismissal, certain technical criteria must be satisfied, which are :-
- You must be an employee and work either full-time or part-time
- You must have at least 1 year's continuous employment.
- You must be under 65 years old or if your employer allows staff to work beyond 65 the normal retirement age for your job at the date of dismissal.
- You must not be in an excluded category, e.g. the armed forces or police
Are there any exceptions to the 1 year employment rule for claiming Unfair Dismissal?
You should normally have one year's continuous employment, except:
- If the dismissal was connected with pregnancy and maternity rights.
- If you are a retail worker or work in the betting industry and were dismissed for objecting to working on Sundays.
- If you were dismissed for asserting your employment law rights.
- If you were dismissed for observing Health & Safety rules.
- If you were dismissed for being an elected representative for collective redundancy or transfer consultation purposes.
- If you were dismissed for "whistle-blowing".
- If you are dismissed just before the 1 year period, i.e. 1 week before your statutory notice period maybe added to give you 1 years service.
- If your dismissal is connected to Trade Union activities, carried out at an appropriate time.
- If you are dismissed for belonging to a Trade Union.
- If you are dismissed for refusing to join a Trade Union.
What is the time limit for bringing an Unfair Dismissal Claim in the Employment tribunal?
There is a strict rule that an Unfair Dismissal claim must be commenced within 3 months of dismissal, whether the dismissal is by the employer or where the employee resigns and claims constructive dismissal. If a claim is not commenced within this time the employee will lose the right to claim.
If the employee has a grievance with the employer it is a requirement to raise a grievance first with the employer before making a claim to a tribunal.
Qualification for redundancy payments ?
If you have over two years' continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you will have a right to a redundancy payment if made redundant.
I am being badly or unfairly treated at work, what should I do ?
First and foremost, regardless of whether you believe your employer will act fairly or treat your complaint seriously, it is vital that you comply with the employer’s policies and procedures about raising a grievance and give the employer the opportunity to deal with the issue appropriately internally, and to follow the procedure through, by stages or appeals if necessary. If you then feel so ill-treated that you feel you can no longer work there, you may resign and claim constructive dismissal, although such claims are difficult as you would need to prove that the employer has fundamentally breached your contract, and there are not many aspects of an employment contract which are considered to be “fundamental” . Should you feel ill-treated on the grounds of race, religion, sex, sexual orientation, pregnancy or disability, you may also sue your employer for discrimination.
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