How hot is your employment law knowledge? Pit your wits against our Christmas turkey contest and see if you can spot the five incorrect statements (‘turkeys’) we have hidden below:
1. Starting Employment
It’s important for employers to:
a. Ensure a new employee is given a contract of employment within eight weeks of their start date.
b. Carry out an induction as soon as possible, covering areas such as key policies and workplace rules. A record should be kept showing what has been covered.
c. Keep an eye on the employee’s performance to identify if there are any issues that may need to be addressed. If there are performance problems an employer can only dismiss if the employee is still within their probationary period.
2. Working Time
a. Unless there is a valid opt-out agreement in place, an adult employee shouldn’t normally work more than an average of 48 hours a week (calculated over a 17-week reference period). This includes overtime.
b. Adult employees are usually entitled to a minimum in work rest break of 30 minutes if they work more than six hours.
c. The statutory minimum holiday entitlement for full time employees is 5.6 weeks each holiday year. Part time employees and those on zero hours contracts are not entitled to holiday.
3. Managing Matters During Employment
a. If an employee has two years’ service or more, an employer should follow the ACAS Code of Practice when dealing with disciplinary matters. In brief, this will normally involve investigating, holding a disciplinary hearing and giving a written outcome with a right of appeal.
b. Employees have a statutory right to take unpaid dependent care leave and should not be dismissed or subjected to any detriment for doing so. This is a day one employment right.
c. Employees have the right to make a statutory flexible working request if they have 12 months continuous service on the date the request is made. Flexible working requests should be dealt with promptly and in a reasonable manner.
d. If an employee raises a grievance, this will usually require the employer to hold a grievance meeting, investigate the complaint and provide a written outcome and right of appeal.
1: a – new starters must now be given employment particulars (which are normally provided in contracts of employment), on or before the first day of employment.
c – It’s not true that employers can only dismiss a new starter for poor performance during a probationary period. Advice should always be sought before taking any action against an employee.
2: b – Adult employees are usually entitled to a minimum in work rest break of 20 minutes if they work more than six hours. Employers often give employees better rights to breaks in their contract of employment.
c – Part time employees and those on zero hours contracts are entitled to holiday, for further information regarding this please contact Kingfisher Professional Services Ltd.
3: c – employees require 26 weeks service to make a statutory flexible working request.