What is Whistleblowing (A Short Guide!)
The law on whistleblowing is there to ensure that if someone sees something wrong in the workplace, they are able to raise this within their organisation, or to a regulator, or wider, without jeopardising their job security. What is whistleblowing in the workplace? Whistleblowing is the term used when an employee or worker reports certain […]
ACAS Holiday Pay (Your Entitlement!)
The majority of workers, whether employed on a part time or full time basis, are entitled to holiday pay each year, including most agency and freelance workers, under the Working Time Regulations 1998 (amended in 2003), Employment Rights Act 1996 and the ACAS Codes of Practice. How much holiday pay are you entitled to? To […]
Notice Periods (Your Questions Answered!)
Your notice period refers to the time between the date you formally advise your employer that you resign and the date your contract of employment will officially end. [toc] Before resigning from employment, you will need to ensure you are complying with the legal requirements on you to resign with the relevant notice period. How do […]
How Long is Paternity Leave?
If you are an expectant father, or the partner of an expectant mother, and want to take time off work following the child’s birth, you will need to know your employment rights. This guide examines the legal position for fathers or partners to be, including how much time off work you are entitled to, and […]
Self-Employed Maternity Pay (A Guide!)
If you’re pregnant and you work for yourself, you may be entitled to self-employed maternity pay, known as ‘Maternity Allowance’. [toc] Maternity Allowance is a benefit paid by the Department for Work and Pensions to pregnant women who do not otherwise qualify for Statutory Maternity Pay because for example they are self-employed. Do I qualify […]
Can I Take Unpaid Parental Leave?
Unpaid parental leave allows eligible employees to take a limited amount of time off work each year on an unpaid basis for child-related reasons such as to spend more time with their children or family. During this period of unpaid parental leave, the employee’s rights are protected, for example, to annual leave and the right […]
Employer Withholding Pay? (What to Do!)
An employer withholding pay, whether in part or in full, is also known as a deduction of wages. A deduction is when you are paid less than the total amount that you are due. There are limited circumstances in which an employer can lawfully deduct or withhold your wages, but where these do not apply, […]
Breach of Employment Contract (A Guide!)
A breach of employment contract is where certain terms agreed to between you and your employer are not met by either your employer or by you as the employee. Your contract of employment is a statement as to the rights and responsibilities of both you and your employer during your period of employment. As with […]
Garden Leave (and Your Employee Rights!)
You are considered to be on garden leave if, during your notice period, your employer has asked you not to attend the workplace, or has asked you to work from home or another location. Whether you have been placed on garden leave after handing in your notice, having accepted a redundancy package, or having been […]
I Have No Employment Contract (What are My Rights? )
“I have no employment contract what are my rights?” Many people assume a contract between an employer and employee must be written to be effective and enforceable, but a contract of employment will usually exist even if it is not in writing. This also means you will benefit from certain rights as an employee. I […]
What is Constructive Dismissal (A Short Guide!)
Constructive dismissal is a common type of claim brought before employment tribunals. Constructive dismissal occurs where an employee resigns as a result of their employer having breached their employment contract, which causes the employee to reasonably believe that continuation of employment is impossible. What is constructive dismissal? Grounds for a constructive dismissal claim Not every breach […]
Can My Employer Change My Contract?
‘Can my employer change my contract?’ remains a commonly asked question by UK employees. Unfortunately, the law governing contracts of employment is not always straightforward to interpret. [toc] Below we look more closely at contracts of employment from an employee’s perspective, and specifically at what you can do to redress any contractual changes made by […]
What is Paternity Leave?
Paternity leave is time qualifying employees can take off work to care for their newborn baby or following the adoption of a child. Paternity leave is not an entitlement, as such it will be important to understand if it as available to you. You may also be eligible for paternity pay whilst you are on […]
Defending an Allegation of Gross Misconduct
An allegation of gross misconduct at work can be extremely daunting, carrying the risk of disciplinary action, including possible dismissal, and potentially impacting your professional reputation. If you are facing an allegation of gross misconduct, it will be important to understand your rights through the disciplinary process and to prepare for any resulting investigation or […]
Employment Law for Employees
Employment Law: What are my rights? The growth of non-traditional working relationships might have left you feeling confused about your employment status and, consequently, your rights. But whether you are employed on a full-time, part-time, temporary or permanent basis, everybody has the right to be treated fairly in the workplace and is protected by employment […]
EMI Scheme: Guide for Employees
The EMI (Enterprise Management Incentive) was introduced in 2000 to help small and medium sized businesses to retain and reward their employees. If you are offered the option of shares under an EMI – what do you need to consider before deciding if this is the right option for you? What is an EMI scheme? […]
Making a Claim for Constructive Dismissal
If you can show a tribunal that your employer has acted unlawfully, thus making your position untenable, you may have a claim for constructive dismissal. Constructive dismissal is when your employer puts you in a situation where you feel you have no choice but to resign. Unlike unfair dismissal, where your employer ends your employment […]
Wrongful Dismissal (What is it?)
Wrongful dismissal from employment occurs when an employer terminates your employment in breach of your employment contract. You will be able to bring a breach of contract claim against your employer, no matter how long you’ve been employed for. There are of course lawful ways an employer is permitted to terminate a contract of employment. Wrongful […]
Statutory Sick Pay (SSP: What is it?)
Statutory Sick Pay is an employment related benefit. It is paid to employees should they be unable to go to work due to sickness, physical or mental, for a period of four days or more, as long as they earn above a lower earnings limit. It is payable for up to twenty eight weeks. [toc] […]
Settlement Agreement (What are they?)
A settlement agreement, is a legally binding contract which is typically agreed between an employee and their employer. While they can be entered into at any stage of an employment relationship, settlement agreements are generally used before termination of employment following a workplace dispute or grievance. Settlement agreements were previously known as ‘compromise agreements’. Importantly, […]