Table of contents

Bullying at work

• Can I claim compensation from my employer if I can establish bullying at work and/or harassment?

  Yes. If your employer has not put appropriate measures in place and/or supported you once a complaint has been made. In some instances you can make a claim for harassment against the individual who has harassed you.

• How serious or extreme does the behavior have to be?

  Bullying and harassment can be overt, physical and/or verbal behavior but also can take the form of subtle behavior with inappropriate comments which can embarrass or humiliate.

• What are the affects of bullying or long-term harassment?

  Individuals will react to bullying and/or harassment in different ways. These are common reactions:

  • fatigue
  • panic attacks and/or general anxiety
  • depression
  • decrease in performance/impaired ability to work/concentrate
  • loss of self confidence and/or self esteem
  • post traumatic stress disorder (PTSD)

• What are examples of bullying and harassment?

  Bullying at work and harassment can take many forms and can be communicated in a number of ways: text messages, emails, verbal and physical communication. In particular, the following can be examples of bullying and/or harassment:

  • verbal abuse or comments that belittle people
  • aggressive physical behavior
  • repeated behavior which a person has previously objected to
  • staring or leering in a sexual way
  • direct or subtle threats
  • offensive gestures

• What is the difference between bullying and harassment?

  Although bullying and harassment both relate to behavior which harms, intimidates, threatens, victimises and is intending to undermine and humiliate the victim, harassment is linked to behavior that can be discrimination, while bullying is repeated inappropriate behavior which does not relate to discrimination.

Compromise agreements

• How much will it cost?

  Normally your employer will offer a fixed fee for you to obtain advice.

• Why do I need to a legal advisor to advise me on the compromise agreement?

  It is a legal requirement that you get appropriate independent legal advice before agreeing not to pursue your employer for employment claims. You should also get advice because you may be entitled to more than your employer is offering.

• What are the benefits of me signing a compromise agreement?

  Your employer may have offered you over and above your legal entitlement as compensation for you signing this agreement.

• Why is my employer offering a compromise agreement?

  Your employer may offer you an agreement so once you leave you do not decide to pursue them for further compensation.

• What is a compromise agreement?

  A compromise agreement is signed by you, your employer and your legal advisor. You all agree to outline the terms on which you are leaving employment. The agreement normally confirms the amount you are being paid, the date of termination of your employment, and the fact that you agree not to make any claims against your employer other than personal injury and/or pension claims.

Contracts of employment

• Can my employer reduce my wages?

  No, not without your agreement.

• Can I resign and claim compensation where my employer has breached my contract?

  In limited circumstances and as a last resort you can, where the breach is so serious that it is a fundamental breach of your contract. You must not resign without first obtaining legal advice.

• What can I do if my employer breaches the terms of my contract?

  You can raise a grievance and depending on the severity you can work under protest.

• Can my employer change my contract?

  Generally not. Your employer can only change your contract with your consent.

• What can I do if my employer refuses to provide me with a written contract/written statement of terms of employment?

  You should raise a complaint to your employer and if your employer still refuses you can make a claim to the Employment Tribunal for an order to force your employer to provide the terms. In some cases you may also be entitled to compensation.

• What can I do if my employer has not provided me with written particulars of employment?

  You must ask your employer to provide you one within 14 days of your request and certainly no later than two months after the beginning of your employment.

• Are employers by law obliged to provide a written contract of employment?

  Yes. An employee is entitled, by law no later than two months after the beginning of employment to be provided with a written statement of terms of employment setting out the main particulars of their employment.

• When does the contract of employment exist?

  A contract of employment exists as soon as an employee starts work.

• Do contracts of employment have to be in writing?

  No, they can be verbal or determined by the conduct of the parties.

• What is a contract of employment?

  Contracts of employment are a promise, or set of promises, between employer and employee that the law will enforce.

Employment rights

• I have raised a concern about my employer's working practices, and feel I am being victimised as a result.

  Your employer should have a policy in place protecting individuals from suffering victimisation as a result of both misconduct/offence.

  If you feel you have been victimised you should approach your employer and make an appropriate complaint, which should then be dealt with under their complaints procedure.

• Can I be dismissed as a result of another company taking over my employer's business?

  Not generally. Your employment should continue on the same terms and conditions as before. If you have been dismissed you must consult us, as you may have a claim for unfair dismissal.

• My employer has just sold their business. Am I entitled to the same terms and conditions of employment?

  Generally, yes, with the exception of most provisions of an occupational pension scheme.

• Can I be forced to work longer hours?

  You cannot be made to work longer hours than the average 48 hour week in any applicable reference period if you do not want to. You must however check your contract to ensure you have not agreed to work the longer hours. If you have, you will be entitled to provide notice to your employer that you no longer wish to work over and above the average 48 hour week.

• What can I do if I feel I have been discriminated against and/or wish to raise a complaint?

  You must refer to your contract of employment and/or staff manual, which should outline the procedure for raising a complaint and/or if you have been discriminated against. If there is no procedure available to you, you should speak to your line manager and/or human resources department or, in some cases, the owner of your business (if it is a small business).

  Your employer is legally obliged to consider the following basic procedure:

  • you may be encouraged to attempt to resolve any problems or concerns you may have about this aspect of your employment rights informally. If such attempts fail to resolve the matter satisfactorily, or you prefer not to discuss matters informally, you should set out your complaint in writing. This should be set out in as much detail as possible and sent to your employer
  • you will then be invited to attend a formal meeting to discuss the grievance and you have the right to be accompanied
  • the meeting should take place within five working days, and your employer must have a reasonable opportunity to respond to your complaint and, if necessary, investigate the matter
  • after the meeting your employer should respond to the complaint and notify you of your right of appeal if you are not satisfied with the decision
  • if you are not satisfied with the decision you may wish to appeal. Your letter of appeal should set out the grounds on which the appeal is made
  • you will then be invited to attend a further formal meeting, normally within five working days, and you must take all reasonable steps to attend that meeting
  • after the appeal meeting you will be informed of the final decision
  • if you are not satisfied with the outcome you then have the option of considering taking a claim to the Employment Tribunal

• What is discrimination?

  Discrimination is the unfair treatment of a person or group on the basis of prejudice.

• Does my employer have to follow a procedure prior to terminating my employment for redundancy?

  Yes, if you have been employed for one year or more and in any event it would be best practice for your employer to do so. Your employer should carry out the following basic procedure:

  • before notifying employees that their positions are at risk of redundancy, management should first consider whether there are any, and if so what, alternatives to dismissing employees for redundancy. If management fail to do this, employees may have the right to claim for unfair dismissal
  • if the employer anticipates dismissing 20 or more employees on the grounds of redundancy at the same establishment within a period of 90 days they should enter a formal consultation process with elected employee representatives
  • in some instances of collective redundancies, before confirming dismissal of employees, advance warning must be provided to the Business Enterprise and Regulatory Reform (BERR). Failure to do so may expose them to criminal prosecution
  • in any event, even where there is no obligation to collectively consult, i.e. where less than 20 redundancies are contemplated, consultation should still take place as. If an employer fails fail to do this, it may well render any dismissal unfair
  • in the event that the employer proposes to dismiss an employee for redundancy, they should apply the ACAS Code of Practice, which provides a framework for redundancy handling
  • the employer must be aware of the law of unfair dismissal to ensure it provides the correct procedure, which involves a fair selection process
  • an employee who has been selected for redundancy should then be adequately consulted with, and the employer should consider alternative positions to mitigate the consequences of the redundancy
  • if the employer does dismiss an employee for redundancy, they must provide proper notice or pay wages in lieu of notice
  • an employee has the right to time off to find alternative employment
  • when provided with a redundancy payment, the employer should clearly set out how the payments have been calculated

• Does my employer have to follow a procedure prior to terminating my employment?

  If you have been employed for one year or more your employer must follow a procedure consistent with the ACAS Code of Practice prior to terminating your employment and must terminate for one of the permitted reasons:

  • capability/performance
  • conduct
  • retirement
  • redundancy
  • if your continued employment would be unlawful
  • for some other substantial reason, for example business restructuring

• Is my employer entitled to change my working hours or reduce my pay?

  No, not without your agreement.

• Is my employer entitled to change my employment contract?

  No. Generally, your employer is not allowed to change your employment contract without your agreement.

Flexible working

• When would I need to submit a claim to the Employment Tribunal?

  If you are considering making a claim to the Employment Tribunal you must consult with us immediately as time limits are very short in Employment Tribunal proceedings. You would usually have three months less one day from the date of dismissal and/or of the alleged conduct to make a claim to the Employment Tribunal.

• Other than an appeal, what can I do if my employer refuses my application to work flexibly?

  If your employer has not provided good substantive reasons, or you feel your employer has not followed the correct procedure in considering your application for flexible working, you can make a complaint to the employment tribunal to make an order requiring the employer to reconsider your application for flexible working.

  If you are dismissed for a reason relating to your application for flexible working you can make a claim to the employment tribunal for unfair dismissal or constructive dismissal (if you are forced to resign because your employer acts perversely in dealing with the flexible working request and/or refuses a request on unreasonable grounds).

  Furthermore, you can make a claim for sex discrimination if:

  • you can establish that a person from the opposite sex would have been granted flexible working in the same circumstances and/or
  • where your employer has set a specific requirement which they have used to justify their decision which would put your sex at a disadvantage

• Will I be informed in writing of the appeal decision?

  Yes, you should be informed in writing within 14 days of the date of the appeal meeting.

• Do my employers have an obligation to arrange an appeal meeting if I appeal against a rejection to my application to work flexibly?

  Yes, your employer should arrange an appeal meeting to take place within 14 days of receipt of your request. You may bring a workplace colleague or trade union representative to the meeting if you wish.

• What can I do if my employer rejects my application to work flexibly?

  There will be circumstances where, due to business and operational requirements, your employer may be unable to agree a request to work flexibly. In these circumstances they should write to you explaining the business grounds for their rejection and confirm your right to appeal.

  An appeal must:

  • be in writing and dated
  • set out the reasons for your appeal
  • be sent to your employer within 14 days of the date of the letter confirming the outcome of your application.

• What are the grounds on which my employer can reject my request to work flexibly?

  There are eight business grounds on which your employer may reject a request to flexible working:

  • burden of additional costs
  • detrimental effect on ability to meet customer demands
  • inability to organise work amongst existing staff
  • inability to recruit additional staff
  • detrimental impact on quality
  • detrimental impact on performance
  • insufficiency of work during the periods you propose to work
  • planned changes

• What type of changes to my working arrangements does flexible working include?

  It can include a change to working arrangements such as a reduction or variation of working hours, a reduction in the number of days worked each week and/or working from a different location, for example from home. It could also involve starting a job share, working a set number of hours a year rather than a week (annualised hours), working compressed hours or working flexi-time.

• If my employer agrees to my working flexibly, are changes in my working conditions permanent?

  Yes. Normally your employer will ask for your written confirmation to confirm the permanent changes to your employment, and you will not be entitled to revert to your old contract of employment without the agreement of your employer.

• What happens following my initial meeting?

  Following the meeting your employer should notify you in writing of their decision within 14 days. However, if your employer needs more time to consider their decision, they can ask for your agreement to delay the decision for up to a further 14 days. A request for an extension is likely to benefit you. For example, your employer may need more time to investigate how your request can be accommodated or to consult several members of staff.

  If your request is accepted, or if your employer proposes alternative arrangements, they will write to you with details of the new working arrangements, details of any trial periods, an explanation of changes to your current employment, and a date on which they will commence. You would normally be asked to sign and return a copy of this, agreeing your terms and conditions.

• What happens once I have completed my application?

  Your line manager may be able to agree your proposals without the need for a meeting, which is normally the next stage of the formal procedure. If that is the case, your line manager will write to you to confirm their decision and explain the changes that will be made to your contract of employment. These changes are permanent.

  If a decision cannot be reached, then your manager must arrange to meet with you within 28 days of your written request being submitted. If you wish you may take a workplace colleague, who may or may not be a trade union representative, to the meeting.

• What procedure do I need to follow in making a request for flexible working?

  In the first instance you should review your employer's policies, which should confirm the procedure for a flexible working request. If that is not available and/or not clear, you should consult with your line manager and/or human resources department, who should confirm the procedure.

  You will need to submit a written application if you would like your request to be formally considered. It must be submitted to your employer and should:

  • state the reason for your request, i.e. whether to care for a child or adult
  • provide information to confirm that you meet the eligibility criteria
  • ideally must be submitted at least two months before you wish the changes you are requesting to take effect

  It is also advisable that your written application provides as much information as possible about your current and desired working pattern, including your working days, hours, start and finish times.

  You should also consider in your application the effect of potential changes to your working pattern, how this will impact on the work you do and on your colleagues, as well as your employer's business as a whole. If you have any suggestions about how any potentially negative effects can be dealt with, you should include them in your written application.

  You should also give as much detail as you can of the demands of your caring responsibilities, so that if your proposal cannot be accommodated discussion between you and your employer may result in an alternative working pattern that can assist you.

• What if I want to work flexibly to care for an adult who is aged 18 or over and who is in need of care?

  You:

  • must (or expect to be) the person who cares for that adult
  • be married to, or the partner or civil partner of the adult or be a relative of that adult
  • be none of the above but living at the same address as the adult for whom you care

• What is the criteria if I want to work flexibly to care for a child?

  You must:

  • be making the application in respect of a child who is under 17, or, if the child is disabled, under 18
  • be responsible for bringing up that child and be making the application to enable you to care for the child
  • make the request no later than two weeks before the child's 17th birthday, or, if the child is disabled, before the child's 18th birthday
  • be either the mother, father, adopter, guardian or foster parent of the child, or married to or the partner or civil partner of the child's mother, father, adopter, guardian or foster parent.

• Who is eligible to request flexible working?

  To be eligible to make a flexible working request you must:

  • be en employee and have worked for your employer continuously for at least 26 weeks
  • have not made a formal request to work flexibly during the last 12 months (each 12 month period runs from the date when the most recent application was made)

  You do not have the right to make a flexible working application if you are an agency worker or self employed.

Maternity leave

• Am I entitled to return to the same job at the end of the maternity leave period?

  Yes, if you are returning after ordinary maternity leave. If you are returning after additional maternity leave this also applies, unless the employer can show that it is not reasonable or practicable i.e. because your job no longer exists. In this case you must be offered alternative work with terms and conditions as if they hadn't been absent.

• How much statutory maternity pay am I entitled to?

  You are entitled to 90% of your average weekly earnings for the first six weeks, and statutory maternity pay for the following 33 weeks. Your employer should advise you of the statutory maternity pay, as this increases every year.

• How long am I entitled to statutory maternity pay for?

  Up to 39 weeks.

• Do I have the same rights whether I am on ordinary or additional maternity leave?

  Yes.

• Should the employer communicate with me during maternity leave?

  Yes. You should receive the same communication in terms of any reorganisation, job adverts and/or changes in terms and conditions as if you were working full time.

• Am I entitled to same terms and conditions during my maternity leave?

  Yes, with the exception of receiving full salary during this period unless the contract of employment provides a right to do so.

• If I am dismissed during ordinary or additional maternity leave does this end the period of maternity leave?

  Yes, but if the dismissal is connected to the taking of maternity leave you may be entitled to make a claim for unfair dismissal/sex discrimination – you may still be entitled to statutory maternity pay.

• If I am dismissed before the commencement of ordinary maternity leave or before providing notice of a start date will I lose my right to maternity leave?

  Yes. However, if the resignation and/or dismissal is connected to less favourable treatment you have received as a result of exercising your right, you may have a right to claim unfair dismissal/sex discrimination.

• When can I start my ordinary maternity leave?

  You cannot start earlier than the beginning of the 11th week before the expected week of child birth.

• What notification do I need to provide to my employer?

  Confirmation that you are pregnant, when your expected week of child birth will be and when you wish to commence your ordinary maternity leave.

• Do I have to provide notification to my employer in order to qualify for maternity leave?

  Yes.

• Do I have to take maternity leave?

  Yes, for a period of two weeks following the birth of your child.

• How much maternity leave am I entitled to?

  All pregnant employees are entitled to 26 weeks ordinary maternity leave and a further 26 weeks additional maternity leave.

• Am I entitled to maternity leave irrespective of my length of service?

  Yes.

No-win no-fee solicitors

• How long will it take to reach a settlement?

  This depends on the case and the opposing party, but once proceedings are issued, unfair dismissal claims are usually heard within six months.

• Who will pay my legal fees if I am successful?

  We will agree to recover a percentage from your damages on the basis that in employment tribunals you cannot usually recover your legal fees from the other party.

• Will I pay for any legal fees or expenses if I am not successful in settling or obtaining compensation?

  No, as long as you comply with the terms of the agreement.

• What is a no-win-no-fee agreement?

  An agreement that means you do not pay any legal fees or expenses unless you recover compensation, subject to the terms of the agreement.

Paternity leave

• What happens if I am dismissed for reasons connected with my paternity leave?

  Employees who are dismissed or suffer detriment for reasons connected with paternity leave are given special protection. You may be entitled to make a claim for unfair dismissal, discrimination on the grounds of sex, sexual orientation or marital or civil partnership status.

• Am I entitled to return to the same job at the end of the paternity leave period?

  Normally, yes, but this will depend on whether your leave is connected to any other leave taken, i.e. adoption, parental. You should contact us if you seek specific legal advice on this point.

• How much statutory paternity pay am I entitled to?

  You are entitled to 90% of your average weekly earnings for two weeks or a flat rate if this is more. Your employer should advise you of the flat rate, as this increases every year.

• How long am I entitled to statutory paternity pay for?

  You are entitled to a maximum two weeks statutory paternity pay if you satisfy the eligibility criteria.

• Should my employer communicate with me during paternity leave?

  Yes you should receive the same communication in terms of any reorganisation, job adverts and/or changes in terms and conditions as if you were working full-time.

• Am I entitled to the same terms and conditions during my paternity leave?

  Yes, with the exception of receiving full salary during this period, unless your contract of employment provides a right to do so.

• When can I start my paternity leave?

  Your leave cannot begin before the day of your child's birth and must be completed within 56 days of the birth, except where the child is born prematurely. If that is the case, you must contact us.

• Do I have to provide notification to my employer in order to qualify for paternity leave?

  Yes. You must confirm to your employer the following:

  • that you wish to take paternity leave
  • the expected week of childbirth (in the case of adoption, the date of notification of having been matched with the child and the expected date that the child will be placed with the adoptive parents)
  • the length of the period of leave you wish to take
  • the date you wish to start your leave and a declaration that you are eligible to receive Statutory Paternity Pay and that this leave is being taken for the purpose of caring for the child or supporting the child's mother (in the case of adoption you must also provide a declaration that you have elected to receive Statutory Sick Pay and not Statutory Adoption Pay)

  The above information must be provided to your employer not later than the end of the 15th week before your expected week of childbirth, or if you are adopting, no more than seven days after the date you are notified as having been matched with the child.

• How much paternity leave am I entitled to?

  You can take either one week's leave or two consecutive weeks' leave. You cannot take the odd day that is not consecutive.

• Am I entitled to take paternity leave irrespective of my length of service?

  No, you must be continuously employed with 26 weeks' qualifying service by the start of the 15th week before the expected week of childbirth. Where you are an adoptive parent, you must be continuously employed for at least 26 weeks ending with the week in which notification of the adoptive match occurs.

• Who is entitled to paternity leave?

  You are entitled to take paternity leave if you are an employee who wishes to care for their newborn child or to support the child's mother (in the case of birth) or adopter (in the case of adoption). You are not entitled to paternity leave if you are an agency worker or a self-employed consultant.

  You must also be the father of the child, or the partner of the child's mother (but not the child's father), and have, or expect to have, the main responsibility for the upbringing of the child.

  In the case of adoption, you must be married to, or be the partner of, the child's adopter, and have, or expect to have, the main responsibility for the upbringing of the child.

Unfair dismissal compensation

• Can I be dismissed fairly if my employer is taken over by another company?

  Generally not. Your employment should continue on the same terms and conditions of your previous contract.

• Can I be fairly dismissed for raising a complaint?

  Not if you raised it in good faith.

• Can I be dismissed for a first offence?

  Yes, in some circumstances. It depends on the severity of the offence.

• Can I bring an unfair dismissal claim if I have resigned?

  Yes, if you can establish that you were forced to resign as a result of your employer's serious breach of contract. You must not resign without seeking appropriate legal advice.

• Is there a time limit for lodging a tribunal claim?

  Yes. Time limits are short and you must make a claim three months less one day from the date of termination of your employment.

• Is claiming unfair dismissal restricted to employees?

  Yes. If you are a contract worker or self-employed you will not be able to make a claim for unfair dismissal. However, you should seek advice anyway, as your working relationship is not necessarily determined by your contract, but by your actual duties and obligations.

• I have just been dismissed from my employment. Can I claim unfair dismissal?

  Yes, if your employer has failed to follow a correct procedure and/or has not acted reasonably when dismissing you. Whether or not you will need the appropriate qualifying period of 1 year's employment to make a claim will depend on the reasons for your dismissal.

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

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