Generally, the right to bring a claim for unfair dismissal is available only to employees who have been dismissed and who have at least two years’ service. There are however exceptions where the usual qualifying period does not apply. If you have been dismissed but have less than two years’ service, read on to see whether your dismissal may fall within one of the exceptions which would make you eligible to bring an unfair dismissal claim.
You can be made redundant during maternity leave as long as the redundancy situation is genuine and you are not selected for redundancy because of your pregnancy or maternity leave.
If you experience difficulties at work (and many of us do at some point in our lives) this can lead to stress and sometimes result in a period of stress-related sickness absence. If you raise a grievance prior to, or during, stress-related sickness absence how should this be handled?
It is unlawful for an employer to make a deduction from a worker’s wages unless the deduction is required or authorised by statute or a provision in the worker’s contract or the worker has given their written consent to the deduction.
Whether it is lawful for an employer to withdraw an offer of employment will depend upon the circumstances, including whether the offer was conditional, whether it had been accepted by the employee or whether the reason for withdrawal was discriminatory.
If you are returning to work after maternity leave you have certain rights and protection against unfair dismissal, detriment or discrimination connected to your pregnancy, childbirth or statutory maternity leave. In this blog I consider what rights you have on returning to work and possible issues on returning, including the right to request flexible working.
There has been further consideration of apprenticeships in the light of the Covid-19 pandemic. If you are an apprentice, or want to be an apprentice, it has been reassuring to hear that the government has committed to increase funding for businesses taking on apprentices and expand ‘portable’ apprenticeships so that they can be taken between employers. Nevertheless, apprentices can still face dismissal especially in the current climate. Like other employees you have certain rights, such as the right to claim unfair dismissal (subject to being employed for at least 2 years) and protection against discrimination. We set out some help and guidance about apprentice rights below.
The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 was laid before Parliament on 1 March 2021 and is due to come into force on 31 May 2021. If approved, it will extend the rights currently conferred under section 44(1)(d) and (e) of the Employment Rights Act 1996 not to be subjected to a detriment in certain health and safety cases to workers.
You might be suspended if you are being investigated for misconduct or for medical or health and safety reasons. You will usually be told not to attend your place of work or communicate with your colleagues. Read on for more information about what it means to be suspended and your rights during suspension.