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Employment Law For Individuals And Business

Arab Lawyers work very closely with a highly reputable law firm in central London
Arab Lawyers > Employment Law For Individuals And Business

We have dealt with:

Age discrimination

Breach of contract

Bullying At Work

Compromise Agreements

Constructive Dismissal

Contracts of employment

Employment Tribunals

Racial Discrimination

Sexual discrimination

The Equality Act 2010

Work permits

Disability discrimination

National Minimum Wage (NMW)

Pregnancy and maternity employment rights

Sickness and time off

Whistleblowing

Employment law affects everyone regardless of their creed

As it deals with the relationship between employers and employees. So anyone could find themselves needing legal assistance.

However Arab and ethnic minorities are more likely to encounter problems, due to the impact that race, religion, social and cultural factors have on this relationship. Employment issues can have a serious impact on the employee’s family life and health.

We can help you with your employment regardless of your employment status, and whether you are an employee or worker.

Employment law is a dynamic area with new legislation constantly being introduced and tested in court. It is important to use specialist employment lawyers who keep themselves up to date with these changes. We have solicitors who have extensive work experience in employment; we work with lawyers and barristers who are based in the financial centres around the globe.

Need help with any kind of legal issues? Contact us now.

Employee General Rights

Statement of Particulars of Employment

Employees are entitled to a written Statement of Particulars of Employment within eight weeks of their start date. This contains information about certain specific key terms of their employment.

Pay

Employees are entitled to be paid at least the national minimum wage, which is reviewed on an annual basis. From 1 October 2015, the adult rate will rise by 20 pence from £6.50 to £6.70 per hour.

Sick Pay

Employees are also entitled to statutory sick pay (SSP) if absent from work due to sickness or injury for up to 28 weeks (subject to certain qualifying conditions).

Working time and holidays

Working time and holidays are regulated under the Working Time Regulations 1998. In general, employees cannot be required to work for more than 48 hours per week (averaged over a 17-week period). Employees can agree to opt out of this restriction, but can always opt back in later. Senior employees and managers can use an exemption to the 48-hour maximum, under which they are deemed to manage their own time autonomously.

Employees are entitled to a minimum of 5.6 working weeks’ holiday each year, which can include the eight UK public holidays. There is no obligation to grant these eight days on the same days as the public holidays, but it is common to do so.

Parental leave and pay

Subject to certain qualifying conditions, employees may have rights to maternity and paternity leave and pay, adoption leave and pay and (for children born on or after 5 April 2015) shared parental leave and pay.

Female employees, irrespective of their length of service, can take up to 52 weeks of maternity leave, and may be entitled to maternity pay, depending on the level of their earnings and length of service.

All parents (that is, those that are responsible for a child) with one year’s service are entitled to up to 18 weeks of unpaid parental leave. From 5 April 2015, parental leave was extended to apply to all children up to the 18th birthday.

Flexible working

Employees with 26 weeks’ continuous employment can make a “flexible working request” to their employers. Employees can make only one request each year. Flexible working means any pattern of work outside the employer’s standard. There is a set procedure for the employer to consider the request and come to a decision. If the employer refuses the request, it must be able to base its decision on one or more of eight prescribed grounds.

Part-time employees must not be subjected to less favourable treatment than full-time employees due to their part-time status. Where possible, the benefits for full-time employees should be pro-rated for part-time employees.

Employment – Dismissals

Notice periods
There is no “employment at will” in the UK. Employment can be ended either by giving notice or, in limited and very exceptional circumstances, with immediate effect. The statutory minimum notice period an employer must give varies depending on the employee’s length of service as follows:
• One week’s notice, for employees with one month’s to two years’ service.
• One week’s notice per completed year of service (up to a maximum of 12 weeks) for employees with more than two years’ service.
If there is no contractual agreement on notice, the employer must give “reasonable” notice. Employees must give at least one week’s notice of termination. Contractual notice periods can be greater than the statutory minimum. If a contractual notice period is shorter, the statutory minimum applies instead.

Redundancy payment
If an employee is made redundant, he is entitled to a statutory redundancy payment, provided that he has been employed for at least two years. The entitlement depends on age and length of service but cannot exceed GB£14,250 (from 6 April 2015, reviewed annually).

Unfair dismissal
After two years’ service, an employee has a right not to be unfairly dismissed. A dismissal is automatically unfair unless both of these conditions are met:
• There was a valid reason for dismissal (these reasons are prescribed by statute).
• The dismissal was managed in a way that was procedurally fair.
Compensation for unfair dismissal comprises two elements:
• A basic award (which is similar to the statutory redundancy payment).
• A separate award to compensate the employee for loss of income, which can be up to GB£78,335 (since 6 April 2015, reviewed annually) or 12 months’ salary (whichever is lower).
Since July 2013, claimants must pay a fee to bring an Employment Tribunal claim. This has significantly reduced the number of claims brought by employees in England.
Discrimination
The Equality Act 2010 protects employees and workers from discrimination on the basis of:
• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race, religion or belief
• Sex and sexual orientation
There is no qualifying service requirement for an employee to bring a discrimination claim. Compensation for discrimination is not subject to any upper limit.

Need help with any kind of legal issues? Contact us now.

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