Employment Law can be a complex issue. It is important for employers to make sure they are acting within the law, while it is important for employees to know that they are being treated fairly. Here we look at some of the basic principles of employment law in the UK. They generally refer to permanent, full-time employees who are over the age of twenty-one and have been in the same job for more than three months.

Contract

Employees must have a contract of employment. Contrary to popular belief though, this does not have to be in a written form, although in most cases it is. It can simply be a verbal agreement. Both the employee and employer must follow the conditions set out in the contract. These effectively become the rules of the employment and it is against the law to ignore these.

Minimum Wage

In the UK there is a national minimum wage and all employees must be paid according to this. The minimum wage varies for those in different age groups up to the age of twenty-one, but for anyone over twenty-one it is currently £5.93 an hour.

Holiday

Everyone is entitled to at least four weeks annual holiday. For those working five days a week this accounts to twenty days a year. On top of these they must either be given bank holiday’s off, or have other days off to make up for these. So this affectively means twenty-eight days holiday a year.

Discrimination

Employees cannot be discriminated against for any reason. Among the reasons that come to mind is discriminating against gender, race, religion or any disabilities. It is also against the law to harass employees for any reasons, whether this is verbal abuse or inappropriate physical contact.

Maternity and Paternity Leave

Both new Mothers and new Fathers are entitled to time off around the time of the birth of their child. Maternity leave can be taken for up to one year with the first thirty-nine weeks paid. The first six weeks must be paid at 90% of their normal wage with the rest paid at the fixed amount of £124.88 a week. Paternity leave can be taken for up to two weeks and is paid at £112.85 a week.

Rules Regarding Dismissals

After one year of employment someone cannot be dismissed without a valid reason. An employer must also go through the relevant disciplinary procedures before terminating an employee’s employment.

Sick Pay

Employees are entitled to sick pay if they are unwell or injured. This is not paid for the first three days but beyond this is paid for the next 28 weeks. It is paid at a fixed rate of £79.15 a week or the equivalent if not a full week. This includes any time off connected to a disability an employee may have.

Flexible Working Time

If an employee is the parent of someone under the age of seventeen then they can request flexible working hours. Examples can include asking to work part-time, work school hours, work from home or job share. Although employers do not have to accept the request they must consider it and have a valid reason to refuse.

Andrew Marshall (c)