FAQs

Equal pay means that men and women in the same employment performing equal work must receive equal pay, as set out in the Equality Act 2010.  It’s the law, and if you’re an employer you must observe it.  This applies not only to salary, but to all contractual terms and conditions of employment, such as holiday entitlement, bonuses, pay and reward schemes, pension payments and other benefits.

Flexible working is a way of working that suits an employee’s needs, e.g. having flexible start and finish times, or working from home. Flexible working isn’t just available to parents and carers, all employees have the legal right to request flexible working as long as they have been working for the same employer for at least 26 weeks.

If you wish to make a request for flexible working it is usually best to do so well in advance of the time that you require the change to be made.  This will give your employer plenty of time to consider your application and make any changes that might be needed.

To make a request for flexible working you must:

– make your request in writing, stating the date the request is made, the change that you are seeking and the date that you would like the change to take effect.

– state whether you have made a previous application and the date of that application.

– state how the change might affect the business i.e. cost saving.

– state if you are making the request in relation to the Equality Act 2010, i.e. as a reasonable adjustment for a disabled employee.

If your disability is a legally recognised disability then you employer does have an obligation to make reasonable adjustments within the workplace and possibly to your job role.  Examples might be more flexible working hours, increased breaks or a more supportive chair to help you.  Most employers will be happy to help if you approach them however, if your employer refuses then you should seek legal advice.

With most instances of transfers and takeovers, employees are protected from dismissal and having the terms of their contract altered.  These regulations are called TUPE.  If you think your terms of employment have been changed or you have been dismissed as a result of a takeover then you may have the right to complain to an Employment Tribunal.  If you think this applies to you, you should seek legal advice.

Bullying at work is when someone tries to intimidate another worker, often in front of colleagues.  It is usually, although not always, done to someone in a less senior position.  It is similar to harassment, which is where someone’s behaviour is offensive.  You cannot make a legal claim directly about bullying, but complaints can be made under laws covering discrimination and harassment.  If you are forced to leave your job due to being bullied then you may be able to make a constructive dismissal claim under employment law.  It is always wise to seek legal advice to help you assess your situation.

Generally speaking, if you win your claim for unfair dismissal and/or discrimination you may be entitled to a basic award and loss of earnings.  There may be additional sums you can claim, such as damage to feelings, or if your dismissal was not dealt with correctly.  Every case is different and you should always seek legal advice to ensure you are asking for appropriate compensation.

It is quite rare for the tribunal to order reinstatement – where an employee would get their job back and retain continuity of service however, it can happen.  The tribunal can also order re-engagement, where you would be given a comparable or suitable alternative role to the one you had before.

Your first port of call should be your contract of employment or your staff handbook.  These documents should tell you whether your employer can suspend you and, if so, whether they have to pay you for the period of suspension. Suspension is normally a neutral act (but not always) and is not a presumption of guilt.  The purpose of any suspension is to allow your employer to investigate matters if necessary.  If your employer is not paying you for your period of suspension and you think they should be, or you have any concerns then you should contact a solicitor for advice.

Due to recent new legislation it is now free to bring a claim to the Employment Tribunal.

Employment Tribunals hear claims about matters to do with employment.  Cases are usually heard by a Judge sitting alone or a panel of three people depending on the type of claim. The panel of three would be made up of a legally employed employment judge, and two non-legal members who are people who have experience dealing with employment problems.  An Employment Tribunal hearing is less formal than a court hearing but you will have to give evidence under oath or affirmation.

In advance of a Tribunal, you will need to prepare a ‘bundle’ of papers and evidence to support your case.  At the Tribunal hearing, you will need to make a statement of your case, calling witnesses as appropriate, and you and any witnesses may be cross-examined by your employer or their representation and the Tribunal panel.

ACAS stands for the Advisory, Conciliation and Arbitration Service.  They offer free and impartial information and advice to employers and employees on all areas of workplace relations and employment law.  As well as giving great advice they also provide and individual conciliation service.  When a conflict arises at work, anyone planning to lodge a claim with the Employment Tribunal must first notify ACAS.  Their role is to help both sides reach a mutually acceptable solution.  We work closely with ACAS to ensure our clients get the best possible outcome from their claim.

A settlement agreement is a legally binding contract between an employee and an employer which takes away the employee’s rights to make a claim in court or tribunal.  In exchange the employer promises various payments, usually beyond what the employee is normally entitled.  Settlement agreements can be used to end an employment relationship; settle disputes whist still employed or to settle claims already issued at the Employment Tribunal.

In order for a settlement agreement to be legally binding it must be in writing, it must relate to a particular issue/complaint/dispute and you must receive advice from a suitably qualified lawyer.  Although most solicitors can advise on settlement agreements only a solicitor with expertise in employment law can give expert advice on the full effect and meaning of the typical terms found in a settlement agreement.  On some occasions you may want a solicitor to negotiate the terms of your settlement agreement to make sure it is right for you and your situation.