Ask Employment Law

 

 

James Carmody

Employment Solicitor

 

Reculver Solicitors

Regulated by the Solicitors Regulation Authority

info@reculversolicitors.co.uk

 

Remember:  There is no substitute for legal advice on the actual situation you find yourself in. The information posted on this site is for general information only, is based on UK law and should not be relied upon without specific legal advice, which is what I’d strongly recommend. This site is not and cannot be a definitive statement of UK Employment Law.

 

 

See our main websites:

www.reculversolicitors.co.uk

www.compromise-agreement.org
www.kent-employment-solicitors.co.uk 

 

This is a free information service for questions on Employment Law in England & Wales.

 

Take a look at the questions indexed below. Click on the question you want the answer to.

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Agency:  I work for a company via an agency. Am I an employee of the end user company?

Bullying: I’m being bullied by my manager. What should I do?

Bullying: Do I have a claim under the Protection from Harassment Act?

Bullying: I’m being picked upon because of my weight. Is it unlawful?

Contract:  Are employers obliged to give an annual pay rise?

Contract: The Employer wants to change the employment contract but the employee refuses. What can the employer do?

Contract: Do Employers have to provide contracts of employment, and if so what has to go in them?

Constructive Dismissal: Should I claim constructive unfair dismissal so I can bring a Tribunal claim?

Compromise Agreements: What is a compromise agreement?

Compromise Agreements: Where can I get advice on compromise agreements?

Compromise Agreements: I signed a compromise agreement, now the company is saying I have to repay all the money because I breached a clause

Compromise Agreements: What generally goes in a compromise agreement?

Data Protection: What rights does an employee have to access data held on them by the employer?

Data Protection: Do Employers need permission to hold personal data on employees under the Data Protection Act?

Data Protection: Can employers vet new employees?

Data Protection: Can employers use covert cameras to monitor employees?

Deductions from Wages: Can Employers Recoup Overpayments of Salary from Employee’s Wages?

Disciplinary: How should a disciplinary hearing be conducted fairly?

Disciplinary:  How much investigation should the employer carry out?

Disciplinary: Can employers use covert surveillance to gather evidence to support a disciplinary action?

Disciplinary: What Can a Companion at a Disciplinary or Grievance Hearing say or do?

Disciplinary: Can I be disciplined at work for what I do in my private life?

Disciplinary: Once a disciplinary warning lapses, can it be relied upon in subsequent disciplinary proceedings?

Discrimination (Age): Is Age Discrimination Unlawful?

Discrimination (Disability): I have had a bad back for some while. Is that a disability?

Discrimination (Equality Act 2010):  What are the main effects of the Equality Act 2010?

Discrimination (Sexual Harassment): I’ve been sexually harassed by a colleague at the Christmas party. Is my employer liable for his actions?

Discrimination (Religion & Belief): Is it unlawful to discriminate against someone on the grounds of their philosophical or ethical belief (say green issues)

Discrimination (Injury to Feelings): When do Tribunals make awards for ‘Injury to Feelings’, and how much will they give the Claimant?

Dismissal: What is ‘gross misconduct’?

Dismissal: Is it true I have to be employed for at least one year before claiming unfair dismissal?

Dismissal: I don’t get on with one of my employees, although he does the job well enough. Can I dismiss him?

Dismissal: Should I claim constructive unfair dismissal so I can bring a Tribunal claim?

Dismissal: Can an employee on permanent health insurance be dismissed?

Dismissal:  How can I calculate what an Employment Tribunal will award in an unfair dismissal claim?

Fixed Term Workers:  What are the legal issues involved in taking on and then letting go employees on a Fixed Term contract?

Fixed Term Workers: Can employers set a fixed term of 51 weeks to stop workers accruing the right not to be unfairly dismissed on reaching one year’s service?

Flexible Working: What is the Statutory Right to Work Flexibly?

Grievance: I’m unhappy with how my employer is treating me. I’m still employed by them. I’m thinking about suing. What should I do?

Grievance: What Can a Companion at a Disciplinary or Grievance Hearing say or do?

Health and Safety: Is there a maximum and minimum temperature for indoor working?

Maternity: My employee wants to return to work part time after maternity leave. I want to tell her it’s not on. Can I?

Maternity: What duties do employers have to protect the health and safety of pregnant workers?

Maternity Pay: Do women on maternity leave have the right to accrue a contractual bonus?

National Minimum Wage: Do restaurant tips count to the national minimum wage?

National Minimum Wage: What is the National Minimum Wage?

Part Time Work: I am a Part Time Worker. However my full time colleagues appear to get better terms and conditions.

Redundancy: What is ‘redundancy’?

Redundancy: What is my statutory entitlement if I am made redundant?

Redundancy: Can I be ‘bumped’ to save someone else from redundancy?

Redundancy: What is a fair redundancy procedure?

Redundancy: Is it true that payments made to employees on redundancy can be paid free of tax?

Retirement: Can I work beyond my normal retirement age?

Solicitor: Where can I find a solicitor specializing in employment law in my area?

Stress: Can I sue for stress at work?  

Time Off: What are employee’s entitlement to lunch and other breaks?

Time Off:  Can employees take time off to deal with family emergencies?

Time Off: Do employees have the right to take bank holidays as paid leave on top of their normal paid holiday?

Time Off; I’m a part-timer, but I don’t work Mondays. I lose out on bank holidays as a result. Am I entitled to time off in lieu?

Time Off: I am a temporary agency worker. Am I entitled to paid holiday?

Tribunal: Do I need to be legally represented in Employment Tribunal proceedings?

Tribunal: How do I issue a claim in the Employment Tribunal?

Working Time: At a call centre, staff are only paid for time spent on phone calls on a zero hour contract, and not time spent talking to supervisors etc. Is this lawful?

 

 

© Reculver Solicitors. 2005-

James Carmody is a practicing employment solicitor at Reculver Solicitors London EC1 & is regulated by the Solicitors Regulation Authority. Firm 405070. info@reculversolicitors.co.uk