Employment law - Frequently Answered Questions»

 

• I am approaching the age of 65.  This is the normal retirement age in my company.  Am I obliged to accept if my employer wishes to retire me?

  Your employer should notify you of the intention to retire you between 6 and 12 months before your intended retirement.  You are entitled to ask your employer to consider a request made by you to continue working but this needs to be done in writing and within certain time periods.  If you are unsure about how this works, ask one of our solicitors specialising in employment law.

• I am thinking of making a claim against my employer in the Employment Tribunal, are there any time limitations that I need to consider?

  Generally, you need to make a claim within 3 months of the act you are complaining of, such as your dismissal.  However, there are other factors that need to be considered and you should take advice from a solicitor if you are unsure because the Employment Tribunals enforce the time limits strictly.

• I employ lots of foreign nationals and am confused by the new legislation.  What do I need to do?

  This is a very complex area of law and depends on where your employees originate from and what they are employed to do.   You should take legal advice without delay to ensure that you are not penalised for employing workers who do not have the right to work in the UK.

• If I am found to be employing an illegal worker, what is the penalty?

  You could face a fine of up to £10,000 per worker and acquire a criminal conviction.

• I’ve been employed by a large company based in Brighton for over a year and think I am about to be made redundant. Am I entitled to a redundancy payment?

  Unless you have been employed for continuously for 2 years you are not entitled to a statutory redundancy payment although you are still entitled to receive your contractual notice period or the statutory period if that is longer.

• How long do I have to be employed before I can take maternity leave?

  You are entitled to take up to 52 weeks maternity leave regardless of your length of service however the rules relating to maternity pay vary dependent upon a number of factors.

For more information contact:
Sam Dickinson- sd@deanwilson.co.uk