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Tom Street What is the minimum notice period that an employer can give? Unless stated in your contract, the minimum notice period (known as statutory notice) that an employer can give is as follows: If your length of service is between 1 month –Â 2 years, the employer must pay you 1 week’s notice; If your length of … Read more
What is maternity leave discrimination? Section 18 of the Equality Act 2010 states that a woman should not be treated less favourably because of her pregnancy or for absence during her maternity leave. For a woman to prove maternity leave discrimination in the workplace, she must provide evidence to suggest that, if it wasn’t for her pregnancy … Read more
Age discrimination during the recruitment process is unlawful under the Equality Act 2010. If you find that you have been discriminated against when applying for a job or during the interview process, you may be able to make a claim for age discrimination in the employment tribunal. Examples of Age Discrimination during the Recruitment Process … Read more
As of 6th April 2017, the maximum statutory redundancy payment that can be awarded to employees in an employment tribunal has increased, under new legislation published by the government. If an employer makes an employee who has two or more years service, redundant, then they must make a statutory redundancy payment based on the amount they earn … Read more
The Transfer of Undertakings (Protection of Employment) Regulations 2006 better known as TUPE (pronounced 2P) were conceived to protect employees when the organisations that they work for changed hands. Â Simply put, it protects the employment rights and main terms and conditions of employment so that they are not effected by a change of ownership. When … Read more
Case law highlights the need for openness in the advertising of internal job opportunities. In Uddin v Westex Carpets Ltd  ET/1805994/12 Mr Uddin had worked for twenty years as a night shift manager. He was hoping to apply for a promotion when one of the senior managers retired. Unfortunately the vacancy was never advertised and a white … Read more
As a general rule, employees going through disciplinary processes which may lead to their dismissal are usually better to wait and see what the outcome is rather than preemptively resign. The thinking behind this advice is that it is only possible to claim unfair dismissal if you have actually been dismissed. If you chose to jump … Read more
There are several notable employment law cases which deal with whether or not a single remark can constitute dismissal. In Richmond Pharmacology v Dhaliwal [2009] UKEAT it was held that a remark made to a Claimant about the possibility of her being “married off in India” was capable of violating her dignity and did constitute … Read more
British Home Stores Ltd v Burchell [1978] IRLR 379 is one of the most well known and often cited employment law cases. Â It sets out the test by which Employment Tribunals can decide whether employers have acted reasonably in dismissing employees for misconduct and capability issues. In terms of misconduct, the Burchell case could be … Read more
Submitting your claim Once your claim is submitted (ET1 claim form), the Respondent is formally advised of the details of your claim and then has 28 days to submit their defence to your claim (ET3 Response). Preliminary Hearing Once their defence has been received, a Preliminary Hearing will normally be scheduled. During Preliminary Hearings (which … Read more