Frequently Asked Questions

Employment law advice is dispensed in pubs, clubs and lawyers offices the length and breadth of the UK. Here are a few of the questions that are sometimes the subject of heated debate and disagreement.

Q: How many different types of complaint can an employee make to an employment tribunal?

A: 63. A full list of these can be found on the employment tribunals website.

Q: What is the legal minimum holiday that UK workers are entitled to as of January 2008?

A: People who work a standard five day week are entitled to a minimum of 24 days holiday each year. This figure is due to rise to 28 in April 2009. The position in respect of part time workers, those who work six day weeks, and those who work variable hours is more complicated. Broadly speaking, the giovernment’s long-term intention is that they will get the pro-rata eqivalent of four weeks holiday plus a further eight days, but the regulations do not provide for this properly at this point.

Q: What is the record UK tribunal award in respect of gay discrimination in the workplace?

A: In February 2007 32-year-old Jonah Ditton from Paisley was awarded £118,309 for discrimination on the grounds of his sexual orientation after just eight days employment. His immediate boss called him a “wee poof”, and fired him alleging that he was not "psychologically balanced."

Q: What is the maximum statutory redundancy payment that an employee can receive?

A: From 1 February 2008, the statutory maximum will be £9,900. Bear in mind, however, that some employers operate more generous schemes.

Q: How many employment tribunal applications were lodged in 2006/07?

A: 132,000

Q: On what grounds can an employer reject a flexible working application?

A:  The eight main arguments that an employer can use to reject an application include (1) the burden of additional costs, (2) the detrimental effect on ability to meet customer demand, (3) the inability to reorganise work among existing staff, (4) an inability to recruit additional staff, (5) the detrimental impact on quality, (6) the detrimental impact on performance, (7) an insufficiency of work during the periods the employee proposes to work, and (8) planned structural changes.

Q: How long can an adult employee legally work without a break?

A: Six hours.

Q: In what circumstances can an employee be fairly 'instantly' dismissed?

A: None! This is a trick question. Summary dismissal is often confused with instant dismissal. Being dismissed without notice is properly called summary dismissal, but instant dismissal usually means being dismissed without a proper investigation or disciplinary hearing having been held, and this will virtually always be unfair in law.

Q: How long must a 'disability' last for the disabled person to qualify for protection under the Disability Discrimination Act?

A: The disability must be long term, which is generally defined as having lasted for twelve months or likely to last for at least twelve months. It is important to note that certain conditions, because of their nature, qualify as protected disabilities as soon as they are diagnosed. These include cancer and Aids, among others.

Q: How much service must an employee have in order to claim unfair dismissal?

A: Another trick question. An “ordinary” dismissal can only be challenged as unfair if the claimant has a minimum of one year’s employment, but an increasing number of kinds of dismissal can be challenged regardless of how long the employee has been employed. Unfair dismissal protection applies from day one of employment in respect of sackings due to gender, race, disability, religion, sexual orientation, age, health & safety, public interest disclosures, and enforcement of statutory rights.