Author: barred

Remedies Open to an Individual Claimant

Many of the sections on Key HR Facts make reference to the remedy or award available. This topic notes the less known awards that may be sought by an individual. Another section notes the fines and other issues about which a Tribunal may decide to make an order. The latter however do not generally lead to an increase in compensation for the employee as, for example, fines are paid to the Government. ACAS Code – […]

Fines & Other Tribunal Orders Against an Employer

[Updated 03/09/2021] Fines and Orders Against an Employer A Tribunal has various powers to award compensation and other remedies to an employee when a statutory entitlement has been breached by an employer. Employment Tribunals also have other powers that the judge/panel can exercise but those orders do not generally lead to payments to an employee. Those may take the form of a fine against an employer which is payable to the Goverment or an award […]

Notice Periods re Employee and Employer

Notice Periods Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice. Always check your written particulars/statement of terms for your notice periods Notice to be Given to an Employee Statutory entitlement is based upon the length of continuous service with the employer: –  Under 1 month’s service – no statutory notice requirement–  Between 1 month and up to 2 year’s service  = notice […]

Written Particulars of Employment

Written Particulars of Employment Tnese must be provided to an employee on or before their start date. The Principal Particulars below must be given in one document. In contrast, the Additional Particulars can be given in separate documents and after the individual’s start date. Principal Written Particulars of Employment The following must all be included in the same document (known as the ‘principal statement’): the employer’s name the employee or worker’s name the start date (the […]

Contract of Employment

Contract Terms v Written Particulars of Employment ~ Often, people use these phrases interchangeably but their effect is quite different. Contract Terms These should contain the complete terms on which an individual has been employed i.e. a comprehensive document of the respective rights of the employer and employee based on the: express clauses in the document plus; implied terms i.e. those which the Courts will view as being part of the contract such as the […]

Notice Periods

Notice Periods Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice. Always check your written particulars/statement of terms for your notice periods Notice to be Given to an Employee Statutory entitlement is based upon the length of continuous service with the employer: –  Under 1 month’s service – no statutory notice requirement–  Between 1 month and up to 2 year’s service  = notice […]

Flexible Working – Statutory Right

Flexible Working  ~ Qualifying Conditions for Flexible Working An individual must have at least 26 weeks of continuous service to make a valid request Summary There is a statutory right to request a flexible working arrangement: –  Only one request can be made in a 12 month period;–  A request must be in writing and give specified information;–  Managers must consider the request earnestly;–  A request may be declined for business reasons set out in […]

Redundancy Pay, Consultation & Guarantee Pay

Redundancy Consultation Requirements The requirements differ according to number of individuals affected as noted below. Consultation for 1 – 19 Employees There is no stipulated length of consultation before the first dismissal may take place. However, there is an expectation that reasonable consultation will occur with the individuals affected. Consultation for 20 – 99 Employees Mandatory consultation period before the first dismissal is 30 days if 20 to 99 employees are affected; Employer must consult […]

Leave for Family Events/Issues (including Dependants)

[Updated 19/08/2021] Rates applicable from 6th April 2021 ~ Quick references to various statutory employment rights in the UK are given below.  Being statutory, they serve as the minimum entitlement of employees.    Rates of payment are given for the current year and the rate for the previous year is shown in brackets. Adoption Leave and Pay – Statutory Entitlement  ~ Eligibility An individual must have 26 week’s continuous service with you by the date a child […]

Annual Leave & Holidays

Annual Holidays – Statutory Entitlement This right applies to casual, part-time, agency workers and workers who are not in genuine self employment. Full Time Worker The minimum entitlement is 5.6 weeks paid holidays (that is 28 days paid holidays) for individuals working full time five days a week. Individuals working more than 5 days per week do not accrue a higher entitlement to statutory holiday. An employer may decide that the 28 days is inclusive of […]

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