Employment Law FAQs
We have a national reputation in the UK as specialist employment law solicitors acting for employees and senior executives, and one of the best known. We are practically the only firm in the UK which only specialises in this area, and we have very high success rates.
Employment Law FAQs
- What is the right to appeal?
- On what grounds can you appeal a disciplinary decision?
- What are your employers obligations?
- Can a dismissal still be fair if any employer refuses to hear an appeal?
- Do you have to attend the appeal meeting in person?
- Can your disciplinary sanction be increased just because you lodge an appeal?
- Should you tactically appeal a dismissal?
- Should you appeal a grievance decision?
- Am I entitled to appeal a redundancy dismissal?
- Why might employers be reluctant to offer an appeal in a redundancy situation?
- Are appeals generally upheld?
- What are the different types of bonus schemes?
- What is a discretionary bonus?
- How far can an employer exercise its discretion not to pay a bonus?
- What’s the position on bonuses when my employment is terminated?
- What are my rights to a bonus whilst on maternity leave?
- What is workplace bullying?
- How would an employment tribunal determine if it was reasonable for me to make bullying accusations?
- What is harassment?
- What about “the banter excuse”?
- What about the “constructive criticism” excuse?
- What should you do if you are being bullied or harassed in the workplace?
- How you should negotiate a exit from your employer with a financial package.
- How should you make a legal claim for bullying and harassment?
- What is Constructive Dismissal?
- What compensation would I receive in a Constructive Dismissal claim?
- Should I work my notice when claiming constructive dismissal?
- Do I need to state the reason for departure in my resignation letter?
- Can I still claim constructive dismissal if I have been on long term sickness?
- Do I need to be careful not to be seen to accept a breach by my employer?
- What is the difference between constructive and unfair dismissal?
- How easy is it to make a claim for constructive dismissal?
- Can my employer defeat my constructive dismissal claim by upholding my grievance or by simply apologising?
- Can I work my notice when I resign, and still preserve the right to make a claim?
- What is the impact on my restrictive covenants if I make a claim for constructive dismissal?
- What is the time period to make a employment tribunal claim?
- Does a Contract of Employment have to be in writing?
- Can your employer change the terms of your employment contract?
- Can you stay and work under protest where the terms of your contract are changed?
- Are you entitled to be paid for overtime?
- Are there examples of any breaches of contract by an employer, other than varying the terms of a contract of employment?
- What are my remedies for a breach of contract claim?
- Am I still entitled to be paid when my employer decided to close its business for a short period because of refurbishment, flooding or any other reason?
- Can I still be paid if my employer sends me home, because there is not enough work?
- Can my employer force me to work from home indefinitely?
- Can I be forced to repay my training fees if I give notice to leave in breach of the training agreement?
- What is the difference between an employee and a self-employed status?
- What is the National Minimum Wage?
- Am I entitled to be paid for my travel time to work?
- What are my rights if my job offer has been withdrawn?
- How should you employer deal with a disciplinary matter against you?
- What is a verbal warning?
- What if you are unable to attend the meeting due to sickness, or otherwise wish to postpone the disciplinary meeting?
- What if there are delays by your employer in dealing with the disciplinary process?
- Can the same person investigate the disciplinary, whilst also carrying out the hearing and appeal?
- Can you insist on recording the disciplinary hearing?
- What if you don’t agree to the written notes of the meeting supplied by your employer?
- Is it better to resign before you are pushed if you are facing disciplinary proceedings?
- Am I entitled to written reasons for dismissal from my employer?
- What is flexible working?
- What are my rights to work flexibly?
- How do I make a flexible working application?
- What is a grievance?
- Advantages of lodging a grievance
- What if you don’t lodge a grievance?
- How do you raise a grievance?
- How should your employer deal with your grievance?
- What if my employer doesn’t deal promptly with my grievance (or at all)?
- What happens at the grievance meeting?
- Can your employer anonymise witness statements gathered during the grievance process?
- Do you have to attend the grievance meeting, or can you request that it is dealt with in writing?
- Are you entitled to see the minutes of the grievance, and what if you don’t agree with them?
- Does your employer have to put a disciplinary process on hold to hear your grievance?
- What happens after the grievance is heard?
- Am I entitled to appeal the grievance decision?
- Can my employer be penalised for not complying with the expected grievance process?
- What happens if the grievance is successful?
- What happens if the grievance is unsuccessful?
- Can I raise a grievance after I have left?
- What is gross misconduct?
- What steps should my employer follow?
- Can I claim my notice if I have been dismissed for gross misconduct?
- What if my employer cannot prove there has been gross misconduct?
- Am I under a duty to disclose allegations of misconduct that took place in my prior job to my new employer?
- Should I resign if I am facing an allegation to gross misconduct?
- Does my employer have to dismiss all employees who commit the same misconduct?
- Should I appeal my dismissal?
- What happens where I am facing several allegations of gross misconduct?
- What is an investigatory meeting?
- How much notice should you be given before an investigatory meeting?
- How should your employer carry out an investigation?
- Should there any difference in the investigation process where you are facing career threatening allegations?
- How much notice is required for a disciplinary meeting, and is it possible to postpone this?
- How will an employment tribunal decide if gross misconduct was a fair reason for your dismissal?
- Can a series of more minor breaches amount to gross misconduct, even though no one breach does?
- Can my employer dismiss me if I have been charged with a criminal offence, even if I have not been convicted or charged?
- What if you don’t have 2 years qualifying service? Are there any claims you can still make if you have been dismissed for gross misconduct?
- Does it matter if my employer has dismissed me for a reason not listed as amounting to “gross misconduct” in my contract of employment?
- Can a series of unfounded grievances amount to gross misconduct dismissal?
- What is my holiday entitlement?
- How much notice do I have to give my employer before I take my holiday?
- Will I automatically be paid for the Bank Holidays?
- Can I carry over holiday into the next year?
- Am I entitled to be paid for holiday that I haven’t taken?
- Is it possible to take overtime into account in relation to holiday pay?
- Can I take lost commission into account in respect of my holiday pay?
- Is my employer able to deduct overpaid holiday pay from my final salary payment?
- How can I claim non-payment of salary?
- Can my employer make a deduction of salary if I am not at work?
- Under what circumstances can an employer lawfully make deductions from my salary?
- What is the minimum period of notice that I am entitled to receive from my employer?
- What notice period must give to my employer if I want to resign and have no contract?
- What is a reasonable notice period?
- Can the notice period I have to give be longer than what my employer has to give me?
- What if I want to give earlier notice than my contract provides for?
- What are your payment rights during your notice period?
- What is garden leave?
- What is PILON?
- What are my rights if my employer pays PILON in breach of contract?
- What are my rights to full notice pay when I am on sick leave?
- What are my rights to still receive salary and benefits during my notice period?
- What are my rights if my employer pays PILON, but there is no PILON clause in my contract of employment?
- Are you still entitled to receive your bonus once you give notice?
- When does your notice period start?
- What if I am not around to receive my notice?
- Am I entitled to take my holiday during my notice period?
- Can my employer force me to take my outstanding holiday during my notice period?
- What about stock options, restricted stock and deferred compensation?
- What is garden leave?
- What happens if I breach my garden leave clause?
- What is poor performance at work?
- How easy is it for an employer to dismiss you for poor performance?
- What is a performance improvement plan?
- Should I sign a performance improvement plan that I don’t agree with?
- What if I have a disability which affects my work performance?
- Can a grievance be raised during a performance disciplinary process?
- Can an employer offer a Settlement Agreement instead of a poor performance process?
- What claims would I have if your employer doesn’t follow a fair performance process?
- Is there an alternative to a performance disciplinary process?
- How do I know if a performance improvement plan is unfair?
- What process should an employer follow in a performance disciplinary process?
- What process should an employer follow?
- What are the clues to spot for an unfair performance improvement plan?
- Is there an alternative to your having to go through a performance improvement process?
- What if your employer approaches you with a financial settlement, known as a “protected conversation”?
- What is the maximum statutory redundancy payment?
- How do I calculate my redundancy payment?
- How easy is it to challenge a redundancy selection pool?
- Who should be in a redundancy selection pool?
- What happens if I reject an offer for a suitable alternative role?
- What is the time limit for making a redundancy payment claim?
- When is there a redundancy situation?
- Can you still be made redundant if you are pregnant or on maternity leave?
- Is it right that I have to apply for my own job when facing redundancy?
- What is Collective Redundancy?
- What are the requirements for Collective Redundancies?
- Can an employer make permanent staff redundant instead of agency staff?
- How is my statutory redundancy pay affected if I am paid in lieu of notice?
- Should agency staff and contractors be let go first?
- Is your employer obliged to provide a reference?
- Can your employer give you a bad reference?
- What are my rights if my employer gives an incorrect job reference?
- What is an FCA Regulatory Reference?
- What information should your former employer provide for an FCA reference?
- How does the FCA assess “fitness and propriety”?
- What is resignation?
- What notice period do I have to give?
- How do I resign? Will a verbal resignation be enough?
- What are my rights to receive salary and benefits during the notice period?
- What happens to stock options, restricted stock and deferred compensation?
- Can I give less notice than what is in my contract?
- Can I be put on garden leave or paid in lieu of notice?
- Can I resign before or during a disciplinary process?
- Am I able to withdraw my resignation?
- What if I gave the impression I was resigning, but didn’t mean it?
- Can I take holiday during my notice period after resignation?
- Can my employer force me to take outstanding holiday during the notice period?
- What else do I need to consider once I have resigned?
Relationship breakdown with your manager
- Are restrictive covenants enforceable?
- What typical restrictive covenants might appear in your employment contract?
- Will restrictive covenants still apply to clients I introduce to my employer?
- How easy is it for an employer to introduce restrictive covenants retrospectively?
- What is a settlement agreement?
- What are the benefits of a settlement agreement?
- When would a settlement agreement be offered?
- What are the usual clauses in a settlement agreement?
- How will the payments under my settlement agreement be taxed?
- What is an ex gratia payment?
- What is a protected conversation?
- Is a settlement agreement the same as an NDA?
- What does “without prejudice & subject to contract mean?
- Can I still report a sexual harassment to the police if I sign a settlement agreement?
- Can it be a term of a settlement agreement that you will not make a new Data Subject Access Request after you leave?
- Can it be a term in a settlement agreement not to proceed with, or complain about an existing DSAR?
- I have signed a settlement agreement, or “NDA”. Can I take my story to the media?
- What are the different types of shares and options schemes?
- What is the position of share options on termination?
- What does TUPE mean?
- When happens whenTUPE applies?
- Can your contract terms ever be changed in a TUPE situation?
- What if you don’t want to work for your new employer?
- What is unfair dismissal?
- What is the qualifying period for an unfair dismissal claim?
- How much can I recover in an unfair dismissal claim?
- Can I still claim my notice even though I have started another job?
- What are the time limits in making a claim?
- Should I exercise my rights to appeal?
- What is the correct dismissal process?
- Who can’t claim unfair dismissal?
- How easy is it for my employer to dismiss me on the grounds of ill-health?
- Am I entitled to written reasons for the dismissal of my employment?
- Can a dismissal based on a personality clash be fair?
- When can there be automatic unfair dismissal?
- When do breaks in your continuous service still count for unfair dismissal purposes?
- What is the difference between constructive and unfair dismissal?
- Can my employer rely on any new matter to justify my dismissal after my employment has been terminated?
- How does an automatic unfair dismissal claim based on asserting a statutory right work?
- If I don’t qualify to make a claim for unfair dismissal, what other claims could I have?
For more information on your employment law rights and a free consultation, please get in contact on 020 7100 5256 and ask to speak to Philip Landau or any member of the employment team, send a contact form or email us.
UK Employment Law summary of your rights
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