As a UK citizen, UK employment law offers you protection in the workplace. If you’re not sure of your rights in the workplace or would like help understanding them, a specialist employment solicitor will offer the tailored support you need.
Here are answers to some of the most frequently asked questions.
Why have I been selected for redundancy?
The redundancy consultation should clearly define the selection process. The selection criteria should be measured and objective, based on measurable facts and not relating to personal opinions.
These facts might include –
- Performance records
- Disciplinary action
But – reasons that are unlawful include
- Age
- Disability
- Gender
- Race
- Religious belief
- Sexual orientation
This list isn’t exhaustive - there are many other criteria your employer can’t use when making redundancies.
Your company can legally make redundancies as part of cost-cutting measures or a reduction in profits.
My contract doesn’t include maternity leave. Should I be worried?
It’s normal to be concerned about a contract that doesn’t include maternity or adoption leave, but don’t worry. Maternity leave and maternity pay are statutory rights. You might find information about maternity/paternity and adoption leave in your employee handbook.
Can I make a claim for unfair dismissal?
The law says that if you’ve been in continuous employment with your employer for two years or more, you can claim unfair dismissal.
Employment of fewer than two years doesn’t automatically mean you can’t claim, but the law differs at this point to include discriminatory reasons. The Equality Act 2010 states you can claim unfair dismissal at any point during your employment.
My employer is breaking the law. What can I do?
Before you act on your employer’s illegal behaviour, it’s worth checking the company’s whistleblowing policy.
Take professional advice from a solicitor, your union or a regulatory body. If you know your employer is acting outside the law, you are within your rights to speak up.
My contract includes a non-compete. Should I sign it?
Different restrictive covenants (non-compete clauses) might form part of your employment contract. Whether you sign it or not depends on what they relate to and how you think they’ll affect you in the future.
You can discuss the covenants with your employer and ask them to amend or remove them, but they form part of many contracts. There’s a risk your employer could refuse and potentially withdraw your job offer.
Asking a specialist employment law solicitor to check a contract before you sign never does any harm.
I’m being harassed at work. What should I do?
Harassment at work involves situations or actions that leave you feeling uncomfortable, nervous or humiliated. Under the Equality Act 2010, the definition of harassment is unwarranted behaviour that causes a person to feel violated or creation of a hostile or intimidating environment.
Harassment can come in the form of –
- Verbal abuse
- Invasion of privacy relating to religion or sexual preferences
- Suggestive gestures aimed at you
- Offensive jokes
If your colleague or colleagues are trying to pass harassment off as friendly banter, it might still be harassment. If the harassment is severe, it might be classified as a crime and warrant police involvement.
Take legal advice from an employment solicitor or professional body as soon as possible.
Can I be dismissed due to mental health issues?
If you have a mental health condition, you might be treated unfavourably in your workplace. If your mental health condition qualifies as a disability, this is discrimination.
Your employer can dismiss you due to your mental health issue - but The Equality Act 2010 gives you the right to challenge your dismissal if you feel it’s on the grounds of you having a disability.
Mental health issues that aren’t a disability can result in a fair dismissal.
Either way, your employer but follow a fair and reasonable process before deciding to dismiss you on the grounds of your mental health.
For tailored employment law advice - call the specialist employment lawyer
Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information, contact us to speak with a specialist employment lawyer at Magara Law. Call 01869 325 883 or email roy@magaralaw.co.uk.
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