FAQs about Employment Law

CAMDEN EMPLOYMENT SOLICITOR

What information must an Employer provide when employment commences ?

The employer must legally provide a “statement of employment” within 2 months of the employment starting. This is not an employment contract, which can be verbal or written, but does contain the main terms of employment. If the employer has not provided a statement this gives the employee the right to complain to the Employment Tribunal and for an order to be made to determine the details.

Can an employer change the employment statement?

The employer must consult with the employee for one month before making any changes.

What are the qualifying conditions for claiming Unfair Dismissal ?

In order to make a claim for unfair dismissal, certain technical criteria must be satisfied, which are :-

  • You must be an employee and work either full-time or part-time
  • You must have at least 1 year’s continuous employment.
  • You must be under 65 years old or if your employer allows staff to work beyond 65 the normal retirement age for your job at the date of dismissal.
  • You must not be in an excluded category, e.g. the armed forces or police

Are there any exceptions to the 1 year employment rule for claiming Unfair Dismissal?

You should normally have one year’s continuous employment, except:

  • If the dismissal was connected with pregnancy and maternity rights.
  • If you are a retail worker or work in the betting industry and were dismissed for objecting to working on Sundays.
  • If you were dismissed for asserting your employment law rights.
  • If you were dismissed for observing Health & Safety rules.
  • If you were dismissed for being an elected representative for collective redundancy or transfer consultation purposes.
  • If you were dismissed for “whistle-blowing”.
  • If you are dismissed just before the 1 year period, i.e. 1 week before your statutory notice period maybe added to give you 1 years service.
  • If your dismissal is connected to Trade Union activities, carried out at an appropriate time.
  • If you are dismissed for belonging to a Trade Union.
  • If you are dismissed for refusing to join a Trade Union.

What is the difference between an employee and independent contractor?

The law treats employees and independent contractors differently. It can be difficult to decide the true nature of such relationships and the Tribunal/court will consider the substance and practicalities of the relationship over and above any contract agreed between the parties. In other words, a contract that states there is an independent contractor relationship is not conclusive. In cases of dispute, the Tribunal/court will determine the appropriate status of the relationship by considering a number of factors. Some of these will be considered more important than others. Examples of relevant factors are:

  • who provides the tools for the job;
  • the level of skill required for the job;
  • who controls the work and the work product;
  • whether the work is performed on the business premises;
  • the duration of the relationship between the parties;
  • the ability to delegate or sub-contract the work;
  • whether the hired party has discretion over how long and when they work;
  • whether any insurance or benefits are provided to the hired party;
  • whether expenses are reimbursed;
  • whether the parties have a written agreement defining the status of the hired party;
  • the method of payment; and
  • the tax arrangements

What is the time limit for bringing an Unfair Dismissal Claim in the Employment tribunal?

There is a strict rule that an Unfair Dismissal claim must be commenced within 3 months of dismissal, whether the dismissal is by the employer or where the employee resigns and claims constructive dismissal. If a claim is not commenced within this time the employee will lose the right to claim.

If the employee has a grievance with the employer it is a requirement to raise a grievance first with the employer before making a claim to a tribunal.

Camden solicitors advise clients throughtout the Borough of Camden and including the postcodes of N19, NW3, NW6, W1, Nw1, NW5, NW8, WC1.

Return to the main employment advice for employees page.