Employment Law - Basic facts & rights

Changes to the law - UNFAIR DISMISSAL

From the 6th April 2012, the period employees must have been working for an employer before they can claim unfair dismissal has risen from one to two years. However, the usual two year period does NOT apply for automatically unfair dismissal and discrimination.
This change follows the 'Resolving Workplace Disputes' consultation.
This consultation also proposed measures to:

• encourage the early resolution of disputes
• speed up the tribunal process
• tackle weak and vexatious (groundless / baseless) claims

These proposals are expected to cut the number of unfair dismissal claims quite considerably each year. This will ease pressure on Employment Tribunals.

National Minimum Wage (NMW)

The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. The current rates and ages that they apply to are as follows:

• £6.08 – the main rate for workers aged 21 and over.
• £4.98 – the 18-20 age rate.
• £3.68 – the 16-17 age rate for workers above school leaving age but under 18.
• £2.60 – the apprentice rate - under 19 or 19+ in the first year of an apprenticeship.

Holiday rights

There is a minimum right to paid holiday, but an employer may offer more. In order to qualify for the right to annual leave you need to be classed as a worker. If you are self-employed, you have no statutory right to paid annual leave.
The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity and paternity and adoption leave