Lawyers Leicester

LEICESTER  EMPLOYMENT LAW FAQ

My employee just sacked me on the spot.  What can I do ?

Your employer can only sack you on the spot (summary dismissal) if you have committed gross misconduct.  For anything less than gross misconduct, your employer must:

• Investigate the reasons behind your dismissal

• Consider alternatives

• Inform you of the dismissal in writing

• Allow you to attend a hearing

• Allow you to bring a representative to a hearing

• Give you a right to appeal

If you employer has not taken these steps or taken these factors into consideration, you could potentially bring an unfair dismissal claim.

My employer told me that some employment laws (such as minimum wage) do not apply.  Is this correct ?

If you are actually employed (as opposed to self-employed), your employer cannot simply opt out of employment laws and where this happens, you will be entitled to take legal action.

I started work three months ago and I haven’t been given an employment contract.  Is this legal ?

The first thing to remember is that an employment contract can be both in writing and verbal.  However, by law your employer is required to give you a written statement of your main terms of employment within two months of you starting.  Theses terms include

• The employee and the employers name

• Where and when you work

• How much and when you are paid

• Your job title

• Your holiday entitlements

• Sickness and absence procedures

• Your sick pay/leave entitlement

Will I have to pay costs if I go to an employment tribunal?

Whilst you may be required to pay your own costs, you will not be required to pay your employer’s costs, even if you are not successful in your claim.

Do I have to take a claim to an employment tribunal?  Are there any other ways?

As with most legal matters, it is better to try and solve the dispute privately with your employer using the available channels for complaints and grievance within the organisation.  If this fails, you can apply to ACAS (Arbitration, Conciliation, Advisory Service) who offer arbitration and mediation as ways of resolving workplace disputes outside of court.

I am stressed out at work.  What is my employer’s responsibility with regards to stress?

Under Health and Safety Regulations, employers are under a duty to take appropriate steps to manage stress in the workplace and not place to heavier workload on you or suddenly increase your workload without consultation.  You should also bear in mind that you cannot be made to work more than 48 hours per week under the European Union Working Time Directive.