Employment law can be complicating. However it’s important for both employers and employees to understand their rights and responsibilities to ensure the employment relationship can continue in a positive and productive manner for all parties concerned.

When employment problems or queries arise it’s crucial to get in touch with an experienced employment law solicitor to ensure matters do not escalate. That’s why we’ve put together a handy guide answering the Top 10 employment law FAQs.

• What exactly is employment law?

Employment law concerns all the rights and obligations within the employer & employee relationship. It covers everything from discrimination, equality and harassment issues in the workplace, working hours, performance issues, sickness or absence in the workplace, wage disputes, unfair or wrongful termination and much more.

• Do employers need to have an employee handbook?

Although many employers have an employee handbook which usually contains various employment policies, it is not a mandatory requirement.  However, there are certain employment policies that are required, such as a Disciplinary and Grievance policy or a Privacy policy.  Although not a legal requirement therefore, a handbook is highly recommended for the benefit or all parties concerned.

• How much notice does an employee have to give when resigning?

A notice period allows the employer to put the wheels in motion for hiring a replacement, arranging a handover and tying up any loose ends. Before handing in your notice, it is important to read your contract carefully and learn how much notice you need to give.  If you don’t give the proper notice, it may mean you are in breach of your contract.

For employers, there is a minimum statutory notice required which is based on how long an employee has been employed.  This minimum cannot be overridden by the contract oof employment but employers are able to offer more notice if so desired.

• Can I sue my employer if I am treated unfairly?

It’s possible for employees to bring a claim against their employers if they have engaged in some sort of wrongful or illegal behaviour, or if the employee has had their rights and freedoms infringed upon in some way.  For example, if you have not been paid correctly, got fired unfairly, or were discriminated against because of your race, gender, religion or other “protected characteristic” you could have a case.  It is important to speak to a specialist straight away if you feel that is the case as failure to act promptly could mean you lose the right to bring a claim.

• What is redundancy?

A redundancy situation arises when an employee is dismissed and the reason is mainly attributable to a business closure, workplace closure or reduced requirement for employees.

• What are the steps required if I feel I have been treated unfairly?

Most employment law claims need to be issued within three months less 1 day so prompt action is crucial. Redundancy pay or equal pay claims have slightly longer at six months and there is the possibility of extending these time periods through conciliation but time limitation matters can be complex so it is advisable to speak to an employment law solicitor as soon as possible who will be able to advise on what you need to do and by when.

• What are the benefits of a settlement agreement?

A Settlement Agreement provides the employee with an extra sum of money (often tax-free) to help them to move on.  In return for that, the employee agrees not to issue proceedings against the employer. They are useful in providing a clean and amicable break between the parties.

It is a legal requirement that employees are given proper legal advice prior to entering into a Settlement Agreement and the employer usually pays for that advice.

• How much annual leave am I entitled to?

How much holiday you get is normally set out in your contract of employment. The statutory minimum for a full-time employee is 5.6 weeks, which can include bank and public holidays.  However, contractually more annual leave entitlement can be agreed upon between the parties. 

Annual leave entitlement is calculated on a pro-rata basis for an employee working irregular or part-time house.

• What is a dismissal?

A dismissal is when an employer ends an employee’s contract. In layman’s terms it is often referred to as being “sacked” or “fired”. It’s important that an employer uses a fair and reasonable procedure to decide when and whether to dismiss someone or the dismissal could be unfair.  However, there are situations when an employee can be dismissed fairly.

1. How can I raise a problem at work?

If you have a problem at work, you should try raising it informally with your employer first. You may feel nervous about raising a problem, but employers are often open to resolving problems quickly without going through a formal procedure.  Employee Handbooks will usually have a procedure set out which is referred to as the Grievance Procedure and this should be your first port of call when you cannot resolve matters informally. 

For more information or to discuss a matter, please contact Ilinca Mardarescu, our very own employment solicitor, at imadarescu@astonbond.co.uk or 01753 486777.

What is Ramadan?

Ramadan is considered one of the most spiritual times of the year for Muslims across the world. During this holy month, Muslims spend a period of 30 days abstaining from food and drink during daylight hours.  This will invariably impact many Muslims at work but there are things employers can do to minimise impact and help support their Muslim staff.

How to support Muslims at work during Ramadan

Different people will be celebrating Ramadan in various ways.

One of the best ways to show your support is by showing an understanding and considering how you can support individuals.

Here are some ways to support Muslims at work during Ramadan:

• Be flexible with working patterns

One of the most helpful things that an employer can do for employees observing Ramadan is to allow them to adjust their working patterns.

Employers should remember that not eating during daylight hours, coupled with longer nights can lead to fatigue and can drop concentration levels.

• Discuss with your employees how to help them.

Everyone will have a different relationship and approach to their faith.

Be mindful not to assume your employees’ needs. Provide opportunities where they can openly and safely discuss their needs with you.

• Be prepared for annual leave requests for Eid celebrations

Eid is the festival that marks the end of Ramadan. 

This means many people may need to request time off at a relatively short notice as the date of Eid is confirmed on the sighting of the new moon. Others may request a range of 2-3 days off to make sure they will be off work at the right time.

• Provide a private, quiet place

If at all possible, employers could also provide a quiet, private place for Muslim staff to pray during the working day.  This would also be welcome so that staff can rest during their break without needing to be around other members of staff who may be eating.

• Raise Ramadan awareness in the workplace

Awareness is a building block for an inclusive workplace. Raising awareness of what Ramadan is and making space for the importance of it and its impact on Muslim colleagues during this time is a great way to build positive team connections. Mutuality and respect are critical in any workplace and working relationship.

At Aston Bond we wish all celebrating a happy Ramadan. For more information on employees’ rights in Ramadan please contact Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or 01753 486 777.