FAQs about Employment Law

EAST LONDON EMPLOYMENT SOLICITOR – ANSWERS TO FREQUENTLY ASKED QUESTIONS

Are there any exceptions to the 1 year rule under Unfair Dismissal?

You should normally have one year’s continuous employment, except:

  • If your dismissal is connected to Trade Union activities, carried out at an appropriate time.
  • If you are dismissed for belonging to a Trade Union.
  • If you are dismissed for refusing to join a Trade Union.
  • If the dismissal was connected with your pregnancy and maternity rights.
  • If you are a retail worker or work in the betting industry and were dismissed for objecting to working on Sundays.
  • If you were dismissed for asserting your employment law rights.
  • If you were dismissed for observing health & safety rules.
  • If you were dismissed for being an elected representative for collective redundancy or transfer consultation purposes.
  • If you were dismissed for “whistle-blowing”.
  • If you are dismissed just before the 1 year period, i.e. 1 week before your statutory notice period maybe added to give you 1 years service.

Is there a time limit for bringing an Unfair Dismissal Claim?

You must bring an Unfair Dismissal claim within 3 months of being dismissed. If you don’t bring a claim within this time you will lose the right to claim.

If you had a grievance with your employer it is a requirement to raise a grievance first with your employer before you make a claim to a tribunal.

Are claims available based on bullying at work and/or harassment?

Your employer is responsible legally for the actions of staff, sometimes even if the employer was unaware of such actions, . This is known as vicarious liability. An action is also possible against the individual(s) who may have been harassing you.

The employer may also be liable if appropriate action has not been taken once a complaint has been made.

Bullying and harassment can be physical and/or verbal behaviour and can be communicated in a number of ways such as text messages, emails, verbal and physical communication. The following are examples of bullying and/or harassment:

  • verbal abuse or comments
  • staring, touching  comments or leering in a sexual way
  • offensive gestures
  • aggressive physical behaviour

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.