Essential Employment Information

Paid Annual Leave

  • April 2009 onwards 28 days per year (including public holidays)

 

Rest Breaks:

  • 20 minutes break for every 6 hours worked
  • 11 consecutive hours rest in each 24-hour period
  • 24 hours uninterrupted rest each week or 48 hours every fortnight
  • Maximum average 48 hours work per week (unless employee has signed an opt out)

 

Written statements/ Contracts

All employees are entitled to:

  • Terms and conditions/ Contract of employment within 2 months of starting work;
  • An itemised pay statement; and
  • Written reason for dismissal after 1 year’s service

 

National Minimum Wage*

Age              1st October 2011

16-17            £3.68

18-20            £4.98

21+               £6.08

 

* These sums will be increased on 1 October 2012.

 

Statutory Sick Pay from April 2012

  • £85.85 per week



Statutory Minimum Notice Periods

Employer must give:

  • 1 week’s notice after 1 month of continuous employment
  • 2 weeks’ notice after 2 years continuous employment
  • 1 week’s notice for each year of continuous service up to a maximum of 12 weeks’
    notice

 

Employee must give:

  • 1 week’s notice after 1 month of continuous service

 

N.B. These are the minimum notice periods. The contract may provide for longer notice periods.

 

Redundancy

There are three possible reasons for redundancy:

  1. “Business redundancy” – the employer has ceased (or intends to cease) to carry on the business for which the employee was employed;
  2. “Place of work redundancy” – the employer has ceased (or intends to cease) to carry on that business in the place where the employee was employed; and/ or
  3. “Employee redundancy” – the requirements for employees to carry out work of a particular kind have ceased or diminished (or are expected to cease or diminish)

 

Key factors for employers to consider:

  • Fair selection criteria;
  • Duty to consult; and
  • Suitable alternative employment

 

To be eligible to claim a statutory redundancy payment an employee must have been:

  • Dismissed on grounds of redundancy; and
  • Continuously employed by the employer for at least 2 years

 

Dismissal

Potentially fair reasons for dismissal include:

  1. Capability
  2. Conduct
  3. Redundancy
  4. Statutory breach
  5. Some other substantial reason (e.g. company restructure)

 

Service Requirements**

Claim                                         Service Requirements

Unfair Dismissal                          2 years*

Redundancy Pay                          2 years

Discrimination                             None

Breach of Contract/

Unlawful Deduction of Wages       None

 

* 1 year for any employee appointed behore 6 April 2012.

** The above are some examples of service requirements. This list is not exhaustive and advice should be sought in respect of any specific claim.

 

Time Limit**

 

Claim                         Time Limit

Unfair Dismissal           3 months from the effective date of termination

Redundancy Pay          6 months from the effective date of termination

Discrimination             3 months from alleged act of discrimination

Breach of Contract/

Unlawful Deduction      3 months from breach or deduction

of Wages

 

The time limit to respond to an Employment Tribunal claim is 28 days from the date you receive the claim.

 

** The above are some examples of time limits. This list is not exhaustive and advice should be sought in respect of any specific claim.

 

Compensation Limits (from 1 February 2012)

 

Claim                           Compensation Limits

Unfair                           Dismissal Basic Award          £ 12,900

                                    Compensatory Award           £ 72,300

Redundancy Pay                                                      £ 12,900

Discrimination                                                         No limit

Breach of Contract/                      (Tribunal)             £ 25,000

Unlawful Deduction of Wages        (Court)                 No limit

One Weeks Pay**                                                    £ 430

 

** For the purposes of calculating redundancy payments

 

Family Friendly Policies (from 1 February 2012)

 

Maternity Leave

Qualifying Service               None

Duration                             Up to one Year

Ordinary Maternity Leave     26 weeks

Additional Maternity Leave   26 weeks

Keeping in Touch                 Up to 10 days of paid work during maternity leave without loss of maternity rights

 

Maternity Pay

Qualifying Service               6 months

Period                                39 weeks

Rate                                   First 6 weeks, 90% of average weekly earnings. Remaining 33 weeks, £135.45* or 90% of average weekly earnings, whichever is less.

 

Maternity Allowance

  • Payable to women who do not qualify for statutory maternity pay
  • Payable by the Benefits Agency
  • Rate - £135.45* or 90% of average weekly earnings, whichever is less

 

Paternity Leave and Pay

Qualifying Service               6 months

Duration                             2 weeks

Rate of Pay                         £135.45* per week or 90% of average weekly earnings, whichever is less

 

Eligible fathers and other eligible employees are entitled to additional paternity leave of up to six months (some of which may be paid) if the mother has returned to work.

 

Adoption Leave

Qualifying Service               6 months

Duration                             Up to 1 year

 

Adoption Pay

Qualifying Service               6 months

Rate                                  £135.45* per week or 90% of average weekly earnings, whichever is less

 

Parental Leave

Qualifying Service               1 year

Duration                             Up to 4 months** unpaid to be taken within 5 years of the birth of the child (may be added to maternity leave). No more than 4 weeks can be taken in any 1 year in respect of an individual child or a disabled person under 18.

 

*As at April 2012

** TBC (2012)