Emp. Law, your questions

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=110 BGCOLOR="#666699" TEXT="#080000" bgproperties="fixed" background="07d00840erlcjm.gif"> <div> <FONT SIZE="1" COLOR="#FFFFFF" FACE="Arial Narrow" ><B>Easy Law</B></FONT><B>     |     </B><A HREF="index.htm" TARGET="_top" TITLE="Easy Law"><U><B>home</B></U></A></div> <div> <A HREF="id30.htm" TARGET="_top" TITLE="Latin"><U>Latin</U></A>   |   <A HREF="id17.htm" TARGET="_top" TITLE="Formation of contract"><U>Formation of contract</U></A>   |   <A HREF="id18.htm" TARGET="_top" TITLE="Validity of contract"><U>Validity of contract</U></A>   |   <A HREF="id19.htm" TARGET="_top" TITLE="Breach of contract"><U>Breach of contract</U></A>   |   <A HREF="id20.htm" TARGET="_top" TITLE="Impossability"><U>Impossability</U></A>   |   <A HREF="id21.htm" TARGET="_top" TITLE="Termination of coract"><U>Termination of coract</U></A>   |   <A HREF="id23.htm" TARGET="_top" TITLE="Misrepresentation"><U>Misrepresentation</U></A>   |   <A HREF="id24.htm" TARGET="_top" TITLE="Restrictive covenent"><U>Restrictive covenent</U></A>   |   <A HREF="id25.htm" TARGET="_top" TITLE="Exclusion clause"><U>Exclusion clause</U></A>   |   <A HREF="id28.htm" TARGET="_top" TITLE="Sale of goods"><U>Sale of goods</U></A>   |   <A HREF="id29.htm" TARGET="_top" TITLE="Delict"><U>Delict</U></A>   |   <A HREF="id31.htm" TARGET="_top" TITLE="Retention of title "><U>Retention of title </U></A>   |   <A HREF="id32.htm" TARGET="_top" TITLE="Employment law"><U>Employment law</U></A>   |   <B>Emp. 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Law, your questions</B>   |   <A HREF="id34.htm" TARGET="_top" TITLE="Selfemployment"><U>Self-employment</U></A>   |   <A HREF="id35.htm" TARGET="_top" TITLE="Basic roghts work"><U>Basic roghts @ work</U></A>   |   <A HREF="id36.htm" TARGET="_top" TITLE="Employment status and contracts of emplo"><U>Employment status and contracts of employment</U></A>   |   <A HREF="id37.htm" TARGET="_top" TITLE="Rights to pay"><U>Rights to pay</U></A>   |   <A HREF="id38.htm" TARGET="_top" TITLE="Maternity rights at work"><U>Maternity rights at work</U></A>   |   <A HREF="id39.htm" TARGET="_top" TITLE="Dismissal"><U>Dismissal</U></A>   |   <A HREF="id40.htm" TARGET="_top" TITLE="Dismissal and benefits"><U>Dismissal and benefits</U></A>   |   <A HREF="id41.htm" TARGET="_top" TITLE="Redundancy"><U>Redundancy</U></A>   |   <A HREF="id42.htm" TARGET="_top" TITLE="Bank and public holidays"><U>Bank and public holidays</U></A>   |   <A HREF="id43.htm" TARGET="_top" TITLE="Holidays and holiday pay"><U>Holidays and holiday pay</U></A>   |   <A HREF="id27.htm" TARGET="_top" TITLE="IP Law"><U>IP Law</U></A>   |   <A HREF="id26.htm" TARGET="_top" TITLE="Bibliography and Links"><U>Bibliography and Links</U></A>   |   <A HREF="id22.htm" TARGET="_top" TITLE="Contact Me"><U>Contact Me</U></A></div> </td> <td valign="top" height=370 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> Emp. Law, your questions</div> <div> Am I entitled to paid holiday?</div> <div> Generally, most workers are entitled to four weeks paid holiday per year by law.</div> <div> There are some workers who are not entitled, such as junior doctors, workers in the transport industry and members of the armed forces or police force. These workers have to rely on their contracts of employment for any rights to holiday.</div> <div> Unless you're in one of these special categories of work, you are entitled to four weeks paid holiday each leave year. You are entitled to paid leave from the day you start work. Your employer will decide when the leave year starts and finishes - it may run from 6 April one year to 5 April the next, or it may run from 1 January to 31 December. A week's leave will be based on your normal working week, so if you usually work three days a week, you will be entitled to twelve days paid leave a year. If you work five days a week, you will be entitled to twenty days paid leave a year. A week of holiday pay should be paid at the same rate as your normal week's pay.</div> <div> There is useful information about paid holiday in the Guidance document on the Department of Trade and Industry website at <U>www.dti.gov.uk/er/work_time_regs</U> .</div> <div> You can also get more information by contacting a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on <U>nearest CAB</U> .</div> <div> For more information on workers who are not entitled to paid holiday, see <U>Basic rights at work</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="amientitledtohavethebankholidayoffwork"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Am I entitled to have the Bank holiday off work?</div> <div> Most workers are entitled to four weeks' paid holiday. However, there is no automatic entitlement to have any bank or public holidays off or or to be paid for them. Any rights that you have to time off or pay for bank or public holidays will depend on what it says in your contract of employment.</div> <div> If you are given bank or public holidays off, they can count as part of your four weeks holiday, unless your contact of employment specifically says that you get these holidays in addition to your four weeks holiday.</div> <div> There is useful information about paid holiday in the Guidance document on the Department of Trade and Industry website at <U>www.dti.gov.uk/er/work_time_regs</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="mypartnerisduetohaveababyverysoon"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>My partner is due to have a baby very soon. Am I entitled to any time off work?</div> <div> If you have worked for your employer for over one year you have the right to 13 weeks' unpaid parental leave which must be taken before your child is five years old. Both parents are entitled to this leave (mothers and fathers).</div> <div> If your partner returns to work she will have access to the same rights to parental leave in addition to whatever maternity leave she may be due.</div> <div> Some employers do give paid leave for the birth or adoption of a new child so you should check your contract of employment.</div> <div> As yet there automatic right in lae to paid paternity or parental leave.</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="canmyemployerforcemetogivebackanoverpaym"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Can my employer force me to give back an overpayment of wages?</div> <div> Your employer can only make deductions from your wages in limited circumstances. They can deduct tax and national insurance (NI) and they can also make other deductions for which they have previously obtained your written consent or which are allowed in your contract of employment. (Different rules apply for shop workers).</div> <div> An exception to this, is where there has been an overpayment of wages (or some other payments, for example, expenses). In law your employer can recover these through a deduction of your wages even if this is without your agreement.</div> <div> However, if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made) then you should argue that you should not have to repay the money.</div> <div> For more information about the rules for shop workers, and for more information about what payments can have deductions made from them, see <U>Rights to pay</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="doesmyemployerneedtogivemeacertainperiod"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Does my employer need to give me a certain period of notice before he dismisses me?</div> <div> A dismissal for gross misconduct can be summary without any notice. Actions such as theft from the employer or violence or drinking at work have been found to be gross misconduct.</div> <div> For dismissal for reasons other than gross misconduct, the amount of notice to be given will depend on your contract of employment and how long you have worked for your employer.</div> <div> The law specifies the minimum period of notice you should be given:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">one week if you have worked for your employer for one month but less than two years; or </div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">two weeks if you have worked for your employer for two whole years; and </div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">one additional week for each further whole year's employment at the date the notice period ends (up to a maximum of twelve weeks notice in total). </div> <div> You should never receive less notice than the statutory minimum but your contract of employment may entitle you to more notice.</div> <div> If your contract does not mention notice then you may be able to argue that ‘reasonable’ notice should be given and this should be one month for employees who are paid monthly.</div> <div> For more information about what constitutes gross misconduct and general information about notice of dismissal see <U>Dismissal</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="canmyemployerdismissmebecauseiampregnant"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Can my employer dismiss me because I am pregnant?</div> <div> If your employer dismisses you because of your pregnancy you could make a claim to an Employment Tribunal for automatic unfair dismissal (regardless of how long you have been employed) and also for sex discrimination.</div> <div> You would need to be able to show an Employment Tribunal that the main reason for your dismissal was your pregnancy. You will need specialist help to do this.</div> <div> For more information about dismissal due to pregnancy and information on maternity rights in the workplace, see <U>Maternity rights at work</U> .</div> <div> For information about dismissal, see <U>Dismissal</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="ithinkiambeingdiscriminatedagainstatwork"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>I think I am being discriminated against at work because I am a woman. What can I do?</div> <div> There are laws against sex discrimination to protect both women and men. Discrimination can come from anywhere. It could be a colleague, department supervisor, your manager or your employer.</div> <div> If you think you are being treated less favourably than a man, the first thing to do is to have a word with other colleagues to see if they are receiving similar treatment or if they have noticed your less favourable treatment. Find out if anyone is willing to stand by you. If you can, try to speak personally to the discriminator and ask them to stop or warn them that you will complain officially.</div> <div> If matters do not improve, talk to your union if you are a member, and follow the company grievance procedure. The only problem here is that the first person you must complain to may be the discriminator. This is where a union or willing colleagues can be very useful.</div> <div> Your complaint needs to be in writing, so keep a record of events, dates and times of the discriminatory behaviour. This should be as detailed and accurate as you can make it. It is likely that you will be met with vigorous denials by the person you are accusing and you may have to prove that your allegations of sexual discrimination are serious.</div> <div> If you do not get satisfaction through your initial actions, the final step could be to take the case to an Employment Tribunal. If you wish to do this you must apply to a tribunal within three months of the date of the last discriminatory act.</div> <div> For more information about discrimination at work see <U>Basic rights at work</U> .</div> <div> For more information about unfair dismissal because of discrimination see <U>Dismissal</U> .</div> <div> For more information about sex discrimination see <U>Taking action about sex discrimination</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="whatcanidoaboutbeingvictimisedaftericomp"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>What can I do about being victimised after I complained about being discriminated against at work?</div> <div> If you have complained about discrimination and feel that you are being singled out for treatment that is different from others doing a similar job – in other words, you feel ‘picked on’ because of the complaint, it is victimisation.</div> <div> The difference is that while discriminatory actions are possibly based on sex, race or disability, victimisation is unfair treatment because of other issues. Complaining, insisting on legal rights at work or doing anything that is legal and justified within the law that is followed by unfair treatment constitutes victimisation. If a person has supported a colleague in a discrimination complaint and is treated unfairly this also amounts to victimisation.</div> <div> Remedies are available in law but it is best to talk to someone first because:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">the matter can often be sorted out quickly</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">you continue to receive pay while negotiations goes on</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">victimisation is often extremely difficult to pinpoint and prove</div> <div> Taking a case to an Employment Tribunal is the next step but the case must be put together, advice sought and the case applied for within three months of the acts that are being complained about.</div> <div> For more information about dismissal because of victimisation and employment tribunals see <U>Dismissal</U> .</div> <div> For more information about basic rights at work see <U>Basic rights at work</U> .</div> <div> For more information about sex discrimination see <U>Taking action about sex discrimination</U> .</div> <div> For more information about disability discrimination see <U>Using the disability discrimination act</U> .</div> <div> For more information about race discrimination see <U>Taking action about race discrimination</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="ifeeliambeingraciallydiscriminatedagains"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>I feel I am being racially discriminated against at work. What can I do?</div> <div> There are laws against discrimination on racial grounds. Racial grounds include colour, race, nationality and ethnic/national origin. Discrimination can come from anywhere. It could be a colleague, department supervisor, your manager or your employer. Discrimination does not have to be proven as intentional - the fact that it has taken place is enough for action to be taken.</div> <div> If you feel that an employer is treating you unfairly, there are a number of steps to take. Discrimination does not have to proven as intentional – the fact that it has taken place is enough for action to be taken.</div> <div> If you think you are being treated less favourable than others due to your colour, race, nationality or ethnic/national origin the first thing to do is to find out if other colleagues are receiving similar treatment. You should also ask your colleagues if they have noticed your less favourable treatment. Find out if anyone is willing to stand by you. If you can, try to speak personally to the discriminator and ask them to stop or warn them that you will complain officially.</div> <div> If matters do not improve, talk to your union if you are a member, and or follow the company grievance procedure. The only problem here is that the first person you must complain to may be the discriminator. This is where a union or willing colleague can be very useful.</div> <div> The complaint needs to be in writing, so keep a record of events, dates and times of the discriminatory behaviour. This should be as detailed and accurate as you can make it. It is likely that you will be met with vigorous denials by the person you are accusing and you may have to prove that your allegations of racial discrimination are serious.</div> <div> If you do not get satisfaction through your initial actions, the final step would be to take the case to an Employment Tribunal. You will need some advice and support to proceed further, for example from an organisation like the Commission for Racial Equality or a trade union. If you wish to take the case to an Employment Tribunal you must apply within three months of the date of the last discriminatory act.</div> <div> For more information about discrimination at work see <U>Basic rights at work</U> .</div> <div> For more information about unfair dismissal because of discrimination see <U>Dismissal</U> .</div> <div> For more information about race discrimination and sources of help see <U>Taking action about race discrimination</U> .</div> <div> <U>Back to top</U> </div> <bR> <bR> <bR> <div>  <A NAME="isthereanyspecialprotectionintheworkplac"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Is there any special protection in the workplace for disabled people?</div> <div> The Disability Discrimination Act (DDA) is intended to help protect disabled people from discrimination in a number of different areas, but it isn’t fully in force yet, although parts of it are. This is to allow measures to be taken, for example, in making buildings and vehicles accessible to people with disabilities.</div> <div> However, employment protection is in place now so employers cannot legally discriminate on disability grounds. There are some important points to remember:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">discrimination is lawful if it can be ‘justified’</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">an employer is only required to take reasonable measures to avoid discriminatory practices</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">to be liable to conform to the DDA the firm must have 15 or more employees.</div> <div> There is growing case law giving examples of what discrimination is and is not ‘justifiable’ depending on circumstances, and what it is ‘reasonable’ for employers to do.</div> <div> If you think you have been discriminated against because you have a disability, contact the Disability Rights Commission at the address below.</div> <div> If you are registered as registered disabled you should not be treated differently from other worker for promotion, recruitment, redundancy selection or dismissal unless the different treatment is ‘justified’.</div> <div> For general information about what to do about disability discrimination, see <U>Using the disability discrimination act</U> .</div> <div> For general information about rights at work see <U>Basic rights at work</U> .</div> <bR> </td> </tr></table></body>