Employment Law FAQs for Employees

Employment Law FAQs for Employees

Q1: What is the minimum length of service required to claim unfair dismissal in the UK?

A1: Generally, you need two years of continuous employment to claim ordinary unfair dismissal. However, there is no minimum service requirement for "automatically unfair" dismissals (e.g., related to discrimination, whistleblowing, or pregnancy).

Q2: What is "constructive dismissal"?

A2: Constructive dismissal occurs when your employer commits a serious breach of your employment contract, forcing you to resign. You effectively feel you have "no choice" but to leave because of your employer's actions. It's treated as a dismissal in law.

Q3: Can my employer dismiss me if I'm on long-term sick leave?

A3: Your employer can potentially dismiss you for long-term sickness, but they must follow a fair process. This usually involves consulting with you, considering medical advice, and exploring reasonable adjustments (especially if your illness qualifies as a disability under the Equality Act 2010). Failing to do so could lead to an unfair dismissal or disability discrimination claim.

Q4: What should I do if I'm being bullied or harassed at work?

A4: Keep detailed records of incidents, including dates, times, what happened, and who was involved. Review your employer's bullying and harassment policy. Try to resolve it informally first, then consider raising a formal grievance. If the issue persists, seeking legal advice is crucial.

Q5: Am I entitled to a redundancy payment?

A5: If you are an employee with at least two years' continuous service, you are typically entitled to statutory redundancy pay if your job is genuinely redundant. Your employer must also follow a fair redundancy process.

Q6: Do I have the right to flexible working in the UK?

A6: No, employees do not have a right to flexible working. However, all employees have a statutory right to request flexible working arrangements from day one of their employment. Your employer must consider your request reasonably and can only refuse it for specific business reasons. You also have a right to appeal a refusal.

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Magara Law is an employment law firm with offices in Bicester, Banbury, Reading, and Paddington, London, and serves clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.