• Employment Law is complex and constantly changing.
• It is vital that if you feel that you have the need to refer to Law you do so.
• Endeavour to have a clear idea of what the issue/issues may be.
• In some cases the first half hour of legal advice can be free. You must check with your Solicitors at the outset to avoid any costs.
• Some firms will offer a 'no win no fee' option this means that if they take on your case they will not charge you a fee. However, you need to be aware of how they are proposing to be paid, because there are a number of different ways that may affect your final sum if you are successful.

CONTRACT MATTERS

1. I have just started a new job, should I be given a written contract?

The Law states that all employees must be given written particulars of their terms of employment within three months of starting their employment. This is not technically a contract and must include all relevant details such as the name of employer, place of employment, salary and holidays.. However, this is a very basic document and in order to have more detailed contractual terms, the best practise is to agree the terms of a written contract to be signed, preferably, prior to the start of your employment.

To provide no documents at all could lead to action being taken by you in the employment tribunal, resulting in compensation of up to four weeks being payable.

2. If the contract is already typed can I make amendments by hand rather than have the document retyped?

Yes, when making alterations to any typed contract it is possible to write these clearly on the document. You and your employer should then initial all such alterations. Once signed a copy of the contract should be given to you.

3. The contract I have just signed does not detail all my benefits such as my company car and pension scheme, but it does refer to a staff handbook, what does this mean?

Exact and detailed information concerning contractual benefits is rarely contained in the contract itself. Frequent reference is often made to polices and/or procedures detailed elsewhere, often a staff handbook or intranet site. This porvides all the information required and gives employers greater flexibility to make changes when required from time to time. To amend such policies does not generally mean a breach of contract but to remove any benefit altogether could be, but this would depend upon the facts of the case.

4.I have been working for my present employer for over six months, but I have nothing in writing does this mean I do not have a contract?

Although it is a requirement tjhat all employees have some written document setting out their agreed terms, to have nothing at all does not undermine your contractual position. Working as requested and being paid is sufficient for a contract to exist. For rights under the contract you are dependant on common law and statute and whilst this situation does not provide you with any enhance benefits, it does not diminish your rights under the general law.

5.My contract contains a probationary period, does this mean my contract doesn't start until that period comes to an end.

The purpose of a probationary period is for both parties to get to know each other before you receive the full benefits of your contract. The probationary period in a contract does not mean there is a delay in the start of your contract. Usually this means that during the specified period of time some of your rights may not be as good as they are once the period has expired. The reduced rights often relate to the giving (and receiving) of notice and sometimes the ability to join certain schemes such as healthcare and pensions. It can also include a reduced holiday entitlement.

Once the probationary period has expired, the full terms of the contract should apply.

STATUTORY RIGHTS

1. My employer expects me to work long hours, is there a maximum that I can work each week?

The number of hours employees can work each week are governed by the working time regulations. This governs the amount of time that employees from different industries can work and also covers those employees who may be exempt from the rules. The basic rule is that employees cannot be required to work more than 48 hours per week without specific agreement. To calculate the number of hours worked it is necessary to take the number of hours worked over a set reference period of 17 weeks to find the average. The regulations contain details of how to deal with illness and holidays during that period.

If in doubt check the Working Time Regulations.

Read your contract carefully because it may suggest that you forgo the cover that the working time regulations gives you and if you sign you would agree to the elimination of those rights.

2.If I am sick, am I entitled to be paid.

The amount you will be paid depends upon the terms of your contract with your employer and the amount payable under the terms of the statutory sick pay (SSP) scheme.

Briefly, the first thing to do when you are absent due to sickness is to check the terms of your contract. It may be that the terms of your contract allow a limited time of contractual pay (i.e. within the salary) during absence. If this option is included then for the period stated you must receive your salary until that period expires.

Where you contract is silent or there is reference to SSP only, you will be paid under the terms of the SSP scheme as operated by the Inland Revenue. This means that for the first 3 days you will receive no salary and on the fourth day you will qualify for SSP at the current rate.

3. My employer has only allowed me three weeks paid holiday, is that right.

The Working Time Regulations also detail the amount of paid holiday employees and workers can receive in any year. The basic amount is 20 days although this can include the Bank Holidays as stipulated throughout the year. You need to check your contract and speak to your employer to find out if this entitlement includes bank holidays.

If the amount granted by your employer does not include bnak holidays this will not be enough and you will be entitled to another five days.

4. I am due to leave my job in the next few days. My employer says that I have taken more holiday than I have earned and I have to refund some money. Can he do this?

To see if your employer can ask for a refund you will need to check the terms of your contract. If the contract states that in these circumstances your employer can deduct the amount for the holiday you have taken then he will be able to do so.

However, if your contract is silent on the point, or if you have no written contract, then this amount cannot be deducted without your consent. If your employer does still go ahead with his claim to deduct the amount from your salary, then it may be possible to make an application to the employment tribunal to cover this amount.

FAMILY STATUTORY RIGHTS

1. I am pregnant. What rights do I have for time off and what will I be paid whilst I am having a baby?

Maternity rights have undergone considerable change during the last few years and have been modified and enhanced during that time. These rights can be summarised in four parts:

A. Not to be unfairly dismissed as a result of a pregnancy.

B. To have a period of time off.

C. To receive statutory maternity pay (SMP)

D. The right to return to work.

A. It is the right of ever pregnant employee not to be dismissed as a result of the pregnancy. This covers the pregnancy itself and any associated illness or condition. Therefore you cannot be dismissed if you are unwell during the pregnancy and are obliged to take periods off.

Any dismissal for this reason would be automatically unfair.

B. The right to time off is divided into two parts, ordinary maternity leave (OML) and additional maternity leave (AML). To qualify for OML you do not have to have worked for your employer for any qualifying length of time and the amount of leave is 26 weeks. It cannot begin earlier than the 11th week before the baby is due and no later than the date of the birth itself.

To qualify for AML you must have been with your employer for at least 26 weeks prior to the 14th week before your baby is due. If so you will be entitled to a further 26 weeks leave.

C. SMP is payable for 26 weeks i.e. for the full period of OML. The first six weeks are payable at 90% of your current salary and the remainder at the statutory rate as varied from time to time. To qualify for SMP you must have worked for your employer for at least 26 weeks at the 15th week before your baby is due.

The law has changes from the 1st April 2007. Pregnant workers will now get 9 months paid leave instead of the 6 months satutory maternity which equates to 6 weeks at 90% and 33 weeks at a flat rate of £112.75.

D. The right to return to work after maternity leave is part of the statutory regulations. Should you wish to return after OML, your employer has to allow you to return to your old job ( subject to changes in the workplace) and for all benefits and opportunities to be retained.. Returning to work after AML is slightly different and your employer is obliged to offer you employment with the same terms and conditions but not necessarily the job you were doing previously.

2.My wife is expecting our baby which is due in the next three months. I would like to take some extra time off but my boss is rfefusing. Is there anything I can do?

It is now your right to apply for Statutory Paternity Leave (SPL) where you have been employed for 26 weeks prior to the birth of your baby. This right allows you to have two weeks paid SPL taken in blocks of one or two weeks within 56 days of the birth of your child.

The rate of pay for SPL, in the absence of anything negotiated with your employer, it will be the same rate as Statutory Maternity Pay and is payable by your employer.

3.I need to take some extra time off work to look after my children. My employer is being difficult, is there anything I can do?

If you have been employed by your employer for at least one year it may be possible for you to take additional time off if any of your children have been born after December 1994 and you need time off to care for that child.

If so, you will qualify for parental leave and will be entitled to thirteen weeks leave (unpaid) to be taken up to the childs fifth birthday.

In the absence of any agreement with your employer, the leave can be taken in blocks of one week, a maximum of four weeks per year provided that three weeks notice is given.

WORK PERMIT ADVICE FOR NON-EU NATIONALS

If you are interested in applying for positions in the UK you will need to have a valid UK work permit. Individuals from countries outside the European Economic Area must be in possession of a work permit to allow them to take up employment.

As a non-EU national if you wish to obtain a work permit without having first obtained a job offer and sponsorship from a UK companywe suggest you contact UK Working.

They can provide preliminary advice and assistance. You can contact them on their web site which is www. ukworking.com

Nationals from the following countries do not need a work permit to work in the UK.

AUSTRIA. BELGIUM. CYPRUS. CZECH REPUBLIC. DENMARK. ESTONIA. FINLAND. FRANCE. GERMANY. GREECE. HUNGARY. ICELAND. IRELAND. ITALY. LATVIA. LIECHTENSTEIN. LITHUANIA. LUXEMBOURG. MALTA. NETHERLANDS. NORWAY. POLAND. PROTUGAL. SLOVAKIA. SLOVENIA. SPAIN. SWEDEN.

Eurpoean Community law grants EEA nationals a right to live and work in the UK. this is calles a right of residence. For more information on immigration to the UK take a look at the website of the Immigration and Nationality Directorate at the British Home Office.

The above Directorate is responsible for the immigration policy and the UK's on-entry and after-entry controls.

The above questions and answers give you a brief outline of your legal rights. They are not a complete guide to the law and are not intended to be a guide to how the law will apply to you or to any specific situation. The questions that have been covered and the answers given are based on regular enquires about employment issues that may require referral to the law. However, it is important to note that the law may have changed since this data was published, so the data contained above may have changed so that the information may be incorrect and or out of date.