EMPLOYMENT EMPLOYMENT SERVICES SERVICES HR Guide Stuart Snelson Partner & Head of Employment ssnelson@geoffreyleaver.com 01908 689318 Paula Stuart Partner pstuart@geoffreyleaver.com 01908 689345 The law is stated as at 1st July 2016. The information in this Guide is for general purposes only and does not constitute legal advice. Appropriate advice should be sought about your specific circumstances before any action is taken. Providing Solutions to your workplace issues. www.geoffreyleaver.com 251 Upper Third Street, Bouverie Square, Central Milton Keynes, MK9 1DR
Unfair Dismissal Employees who have been employed for 2 years or more have the right not to be unfairly dismissed. A dismissal is potentially fair if due to: conduct of the employee; the capability or qualifications of the employee; illegality, e.g. someone is not legally entitled to work in the UK; redundancy; Some other substantial reason which justifies dismissal. An employer must have acted reasonably and follow a fair procedure, at least equivalent to the ACAS code. An employee is entitled to be given notice as specified in the contract of employment or the statutory minimum notice if greater (unless gross misconduct justifies immediate dismissal). Before commencing a claim at the Employment Tribunal an employee must submit an Early Conciliation notification form to ACAS and then ACAS will commence a 28 day conciliation period. If the parties do not reach an agreement employee may commence claim at the Employment Tribunal. Wrongful Dismissal This is when an employee is dismissed without proper notice or payment in lieu. There is no qualifying period and the employee may bring a claim in the Employment Tribunal or County Court. Statutory Notice Periods Less than 1 month 1 month to 2 years 2 years to 12 years Over 12 years Minimum Notice None 1 week 1 year per complete year of employment 12 weeks
EMPLOYMENT SERVICES Rights for Working Parents and Carers There are a number of rights and leave available for working families which include: Right to time off for antenatal appointments Time off for dependents Protection against unfair treatment, discrimination or dismissal Maternity Leave 52 weeks Statutory Paternity Leave 2 weeks Shared Parental Leave 52 weeks shared between parents Parental Leave take up to 18 weeks for each child up to age of 18 limited to 4 weeks per child per year All leave is subject to qualification and notice requirement and may be paid or unpaid. Flexible Working An employee has a statutory right to make an application for flexible working if they have: at least twenty six weeks' continuous service; and not have made an application for flexible working during the previous twelve months A formal request must be made in writing and state: that it is a request for flexible working specify the change the employee would like to make give a date when the employee would like the change to happen what effect, if any, the employee thinks that the change will make to his or employer and how any such change could be dealt with whether a previous application has been made by the employee to the employer and, if so, when, and be dated Upon receipt of a request an employer must consider it in a reasonable manner and respond within 3 months. An employer can only refuse a request provided it is based on one of the statutory business reasons to do so.
Discrimination Discrimination is unlawful in respect of the following protected characteristics: Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation A worker has the right not to be treated less favourably because of a protected characteristic. A worker is also protected against indirect discrimination. This is when an employer has a condition, rule, policy or practice that applies to everyone but disadvantages people who share a protected characteristic. A worker has the right not to be subjected to harassment which is unwanted conduct related to a protected characteristic which has the purpose or effect of violating an individual s dignity or creating intimidating, hostile, degrading, humiliating or offensive environment. Employers must make reasonable adjustment to make sure disabled workers aren t seriously disadvantaged when doing their jobs. Redundancy Employees are redundant if you dismiss them because: You are ending the business in which they are employed. You are closing a workplace where they are employed. The need for employees to undertake the particular work they do is less (or you reasonably expect it will become less), either at their workplace or in the business as a whole. An employer must follow a fair procedure and consult with employees before making redundant. Employees who have been employed for 2 years or more are entitled to statutory redundancy pay. There are special rules for collective redundancies when an employer is making 20 or more employees redundant.
EMPLOYMENT SERVICES National Minimum Wage (NMW) Workers are entitled to a minimum pay per hour subject to their age and if they are an apprentice. The current rates are: Year 25 & Over 21 to 24 18 to 20 16 to 17 Apprentice* 2016 (Current Rate) 7.20 6.70 5.30 3.87 3.30 From 01/10/2016 7.20 6.95 5.55 4.00 3.40 *This rate is for apprentices aged between 16 18 or those aged 19 or over in their first year. All other apprentices are entitled to NMW for their age. Statutory Payments Payment Type Current Rate Period of Payment Statutory Sick Pay (SSP) 88.45 28 weeks Statutory Maternity Pay (SMP) and Statutory Adoption Pay (ADP) Statutory Paternity Pay (SPP) * First 6 wks at 90% average weekly earnings (AWE) *Remaining 33 wks at 139.58 or 90% AWE which ever is lower 139.58 or 90% AWE whichever is lower 39 weeks 2 weeks All statutory payments are subject to qualification and reporting requirements.