Employment FAQs

If you have encountered similar problems or have a problem not outlined below, please contact us or telephone us on +44 (0)20 8733 7200 and ask to speak to one of our advisors.

How many hours can my employer make me work?
Your employment contract or agreement of terms should tell you your normal working hours. As well as making provision for annual holidays the Working Time Regulations state that you should not be made to work more than 48 hours a week on average unless you have agreed in writing to work more. There is always an option to change your mind if you give notice to your employer but they cannot force you to give more than 3 months notice.
What can I do if I have been dismissed unfairly?
If you are dismissed, whether through redundancy or otherwise and you think you've been treated unfairly you can claim compensation either through a statutory claim for unfair dismissal if you think your employer acted unfairly or a contractual claim for wrongful dismissal. An employer must prove that the dismissal was for a "fair" reason and that they used a fair procedure in reaching their decision to dismiss you. You and your employer must follow certain disciplinary and grievance procedures to try to resolve the dispute before going to an employment tribunal.
Can I ask for a candidate's date of birth on an application form?
Yes however asking for age related information on an application form could allow discrimination to take place. Dates of birth/age should be removed from the main application form and include it in a diversity monitoring form to be retained by HR/personnel. In addition review your application form to ensure that you are not asking for unnecessary information about periods and dates.
Who requires a work permit?
Anyone who wishes to work in the UK and who is not a national of the European Economic Area (EEA). EEA member states are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom and Switzerland.
Nationals from the following new member states: Poland, Lithuania, Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic who find a job in the United Kingdom are required to apply to register with the Home Office under the new 'Worker Registration Scheme' as soon as they find work.
What is covered under equal pay?
The Equal Pay Act gives men and women the right to equality in the terms of their contract of employment. It covers both pay and other terms and conditions such as piecework, output and bonus payments, holidays and sick leave.
European law has extended the concept of equal pay to include redundancy payments, travel concessions, employers' pension contributions and occupational pension benefits.
This means that even though a man and a woman are receiving the same basic rate of pay there may still be a breach of the principle of equal pay because other benefits (such as a company car, private health care etc) are not provided on an equal basis.
The Equal Pay Act applies to pay or benefits provided by the contract of employment. The Sex Discrimination Act covers non-contractual arrangements including benefits such as access to a workplace nursery or travel concessions.
What should an employer do about a worker with a second job?
If a worker is known to have a second job, an employer should ask the worker to consider signing an opt-out agreement if the total time worked is in excess of 48 hours a week. If a worker does not wish to sign an opt-out in this situation, the worker should consider reducing their hours to comply with the 48-hour limit.
More generally, employers may wish to make an enquiry of their workforce about any additional employment. However, if a worker does not tell an employer about other employment and the employer has no reason to suspect that the worker has another job, it is extremely unlikely that the employer would be found not to have complied.
Can a worker complain to an employment tribunal if they are denied rights under the Working Time Regulations?
Yes. Workers may complain to an employment tribunal if they are being denied rest periods, breaks or the paid annual leave entitlements. Working time and night work limits are enforced by the Health and Safety Executive and Local Authorities.
Employees may complain to an employment tribunal of unfair dismissal, regardless of their length of service, if they are dismissed for exercising rights under these regulations; and workers who are not employees may complain that they have suffered a detriment if their contracts are terminated for this reason. Both employees and workers who are not employees are also protected from other detrimental action or deliberate inaction by their employer.

If you have encountered similar problems or have a problem not outlined above, please contact us or telephone us on +44 (0)20 8733 7200 and ask to speak to one of our advisors.

We will be more than happy to deal with your queries and will let you know whether or not we can take on your case.