The European Court of Justice rules unlimited back pay for unpaid holiday

Employees and workers are entitled to paid holiday but the self-employed are not.  If you are self-employed you are expected to charge the organisations that you work for an hourly or daily rate. This will allow you to cover your expenses, pay tax and National Insurance and take time off. Sometimes people are incorrectly labelled … Read more

Contributory Fault

Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way.  Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by … Read more

Dismissals on the cusp of two years’ service

Some employers watch the clock run down in the sense that they dismiss employees just before the two years is up.

Where an employee is dismissed months and weeks before two years’ service then there is little that they can do. They have simply not worked there long enough to have accrued most employment rights. 

If, however, they are dismissed in the days before two years is up then there is cause for hope.

What are my statutory rights at work?

Statutory rights are the basic rights that almost all workers and employees are entitled to. There are some exceptions, but generally, all employers must abide by them and they give the worker legal entitlement. The statutory rights are as follows: the right to be paid the minimum wage or the national living wage (if over … Read more

What are my rights if my employer does not pay me the correct salary?

If you are not paid correctly then you may be entitled to make a claim for unlawful deductions from wages. Unlawful deduction claims can be used to claim for all types of pay including: Notice pay; Unpaid overtime; Contractual bonuses; Redundancy pay; When can my employer make deductions from my pay? There are only three … Read more

Notice Period

What is the minimum notice period that an employer can give? Unless stated in your contract, the minimum notice period (known as statutory notice) that an employer can give is as follows: If your length of service is between 1 month – 2 years, the employer must pay you 1 week’s notice; If your length of … Read more

Resignation during the disciplinary process

As a general rule, employees going through disciplinary processes which may lead to their dismissal are usually better to wait and see what the outcome is rather than preemptively resign. The thinking behind this advice is that it is only possible to claim unfair dismissal if you have actually been dismissed. If you chose to jump … Read more

Gross Misconduct and the Burchell Test

British Home Stores Ltd v Burchell [1978] IRLR 379 is one of the most well known and often cited employment law cases.  It sets out the test by which Employment Tribunals can decide whether employers have acted reasonably in dismissing employees for misconduct and capability issues. In terms of misconduct, the Burchell case could be … Read more