Kitsons Solicitors

FAQs - Employment

• Q.

  Do employees have a legal right to receive a contract of employment?

  A.

  No, but they do have the right to receive a written statement of the terms and conditions of their employment within the first two months of employment. An employee may submit an application to an Employment Tribunal if his or her employer fails to provide such a statement.

• Q.

  Can I deduct money from my Employees' wages?

  A.

  Employers may, generally, only deduct money from staff wages where either a written agreement exists authorising such deduction, or they are permitted by law.

• Q.

  What are the compensation levels and limits?

  A.

  For wrongful dismissal claims presented in the High Court or County Court, there is no level upon the compensation which can be awarded. The damages arising from such a claim will usually only be the notice period that the employee would have been entitled to under the terms of their contract of employment. Awards therefore tend to be fairly modest.

  Compensation tends to be higher for unfair dismissal with a basic award of one week's pay (1.5 for each year the employee was aged over 41) awarded for each full year worked. The level of a week's pay for the basic award is capped presently at £350 per week. In addition, the employee receives a compensatory award reflecting his or her lost earnings and potential future loss of earnings. Such payment is subject presently to a cap of £66,200. The cap is not applied in certain cases including discrimination.

• Q.

  Is there a qualification period to be able to present a claim?

  A.

  There is no qualification period for a wrongful dismissal claim. An employee may only present a claim for unfair dismissal if he or she has been employed for more than one year. There are certain claims for which the one-year qualification requirement does not apply.

• Q.

  How long does an employee have to bring a claim?

  A.

  A claim for wrongful dismissal must be presented to an Employment Tribunal within three months of the date of dismissal or to the County Court within six years of the date of dismissal. An unfair dismissal claim can only be heard in the Employment Tribunal and must be presented within 3 months of the unfair dismissal.

• Q.

  What is the difference between unfair dismissal and wrongful dismissal?

  A.

  A wrongful dismissal claim is a claim based upon the breach by the employer of the employee's contract of employment which, if successful, allows the employee to seek damages (usually limited to pay during notice period.)

  A claim of unfair dismissal is a breach of an employee's statutory right not to be unfairly dismissed from work. If an employee presents a successful claim of unfair dismissal, he or she is entitled to receive a basic award of damages together with a further compensatory award for losses arising from the termination of employment. Generally, awards for unfair dismissal are significantly higher than wrongful dismissal awards. However, an employee must be employed for at least one year to qualify for the right to claim unfair dismissal (although rights do arise where dismissal is for certain protected reasons or an act of discrimination).

• Q.

  What is the National Minimum Wage?

  A.

  The National Minimum Wage is a government set level of pay that applies to workers within the UK over the age of 18 years. It is not lawful to pay employees at a rate below the NMW and any contractual provision that seeks to exclude the application of the rules is automatically void. Employees who have been paid at a rate lower than the NMW may present a claim to an Employment Tribunal seeking recovery of the shortfall in wages. Further information on the NMW including current levels can be found at: http://www.direct.gov.uk

• Q.

  What are the Working Time Regulations?

  A.

  The Working Time Regulations are a set of minimum standards set by the Government concerning average weekly working time and night work, daily and weekly rest periods, in-work breaks and the setting of annual holiday entitlement. The rules apply to the majority of workers although there are a number of excluded work classes. The rules provide (amongst other things) a maximum working week of 48 hours and for an entitlement to 5.4 weeks' paid leave from work for the majority of workers.