Question 1

What should be included in an employment contract?

Accepted Answer

An employment contract should include the job title and description, salary and benefits, working hours and location, holiday entitlement, notice periods, disciplinary procedures, and any special terms relevant to the role. It should also comply with minimum legal requirements and include necessary protections for both employer and employee. We can help ensure your contract covers all essential elements while protecting your interests.

Question 2

Can I negotiate changes to my employment contract?

Accepted Answer

Yes, you can negotiate changes to your employment contract, but both parties must agree to any modifications. Changes should be documented in writing and signed by both parties. If your employer proposes changes you don't agree with, they may need to terminate your existing contract and offer you a new one, which could constitute a dismissal. We can help you negotiate favorable terms and understand your rights.

Question 3

What are post-employment restrictions and are they enforceable?

Accepted Answer

Post-employment restrictions (such as non-compete, non-solicitation, and confidentiality clauses) limit what you can do after leaving employment. They must be reasonable in scope, duration, and geographic area to be enforceable. Courts will only enforce restrictions that protect legitimate business interests and don't unreasonably restrict your ability to work. We can help draft enforceable restrictions or challenge unreasonable ones.

Question 4

How much notice am I entitled to when leaving my job?

Accepted Answer

Your notice period depends on your contract and statutory minimums. By law, employees with one month to two years' service get one week's notice, and those with two or more years get one week's notice for each complete year (up to 12 weeks maximum). Your contract may specify longer periods. Senior executives often have longer contractual notice periods. We can advise on your specific notice entitlement and any pay in lieu arrangements.

Question 5

What is constructive dismissal and how do I prove it?

Accepted Answer

Constructive dismissal occurs when your employer's conduct makes your working conditions so intolerable that you have no choice but to resign. Examples include failure to pay wages, bullying, demotion without justification, or significant changes to working conditions. To succeed in a claim, you must show the employer breached your contract and that this breach was serious enough to justify resignation. You should resign promptly after the breach and raise a grievance first where possible.

Question 6

Can my employer dismiss me without reason?

Accepted Answer

If you have less than two years' service, employers can generally dismiss you without giving a reason (except for automatically unfair reasons like discrimination or whistleblowing). After two years, you have protection against unfair dismissal and your employer needs a fair reason and must follow a fair procedure. Fair reasons include capability, conduct, redundancy, legal restrictions, or some other substantial reason. We can assess whether your dismissal was fair and help you understand your options.

Question 7

What is the difference between wrongful and unfair dismissal?

Accepted Answer

Wrongful dismissal is a contractual claim where your employer dismisses you without proper notice or payment in lieu. It's about breach of your employment contract. Unfair dismissal is a statutory claim where the dismissal lacks a fair reason or fair procedure. Wrongful dismissal claims are usually about money (notice pay), while unfair dismissal can result in reinstatement, re-engagement, or compensation. The time limits and procedures are different for each type of claim.

Question 8

How long do I have to bring an employment tribunal claim?

Accepted Answer

Most employment tribunal claims must be brought within three months less one day of the act you're complaining about. For dismissal claims, this runs from your termination date. For discrimination claims, each act of discrimination has its own time limit. You should contact ACAS for early conciliation before submitting your claim, which can extend the deadline. Some claims have different time limits, so it's important to seek advice quickly to protect your rights.

Question 9

What is TUPE and how does it affect me?

Accepted Answer

TUPE (Transfer of Undertakings Protection of Employment) protects employees when a business or service transfers to a new employer. Your employment contract transfers automatically to the new employer on the same terms. Your continuous employment is preserved, and you're protected against dismissal solely because of the transfer. The new employer takes on all existing rights and liabilities. Both old and new employers have duties to inform and consult affected employees about the transfer.

Question 10

Can I work for a competitor if I leave my job?

Accepted Answer

This depends on any restrictive covenants in your employment contract. Common restrictions include non-compete clauses (preventing work for competitors), non-solicitation clauses (preventing poaching clients or staff), and non-dealing clauses (preventing working with former clients). These must be reasonable in duration, geographic scope, and be necessary to protect legitimate business interests. Courts scrutinize these clauses carefully and will only enforce reasonable restrictions. We can review your restrictions and advise on compliance.

Question 11

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

Accepted Answer

Document all incidents with dates, times, witnesses, and details. Keep records of emails, messages, or other evidence. Check your employer's bullying and harassment policies and consider raising an informal complaint initially. If this doesn't resolve the issue, submit a formal grievance in writing. If the harassment relates to a protected characteristic (age, disability, gender, race, etc.), it may constitute discrimination. Severe cases may justify resigning and claiming constructive dismissal. We can guide you through the process and represent you if needed.

Question 12

Am I entitled to redundancy pay and how is it calculated?

Accepted Answer

You're entitled to statutory redundancy pay if you've been continuously employed for at least two years and are dismissed for redundancy. The calculation is based on your age, length of service, and weekly pay (capped at £571 as of 2023). You get half a week's pay for each year under 22, one week's pay for years 22-40, and 1.5 weeks' pay for each year over 41 (maximum 20 years counted). Your contract may provide enhanced redundancy terms. We can calculate your entitlement and ensure you receive everything you're owed.

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