Frequently Asked Questions - Employment

  1. I have been working for a company for six months and have just been sacked. Can I bring a claim for unfair dismissal?
  2. What is the maximum level of compensation recoverable in unfair dismissal claims?
  3. I have been bullied at work by my Supervisor and I don't think I can continue working under these circumstances. What can I do?
  4. I am about to return to work after maternity leave. I am currently working full time but I would like to go back part time due to my childcare responsibilities. What rights do I have?
  5. The company that I have been working for a number of years has recently had its assets bought by another company. My new Manager has told me that my terms and conditions will be altered to my detriment. Is there anything that I can do?
  6. I am a senior sales person. I have recently left my employer and joined a competitor. I have contacted some of the customers that I dealt with in my last job. My ex employer has written to me saying that I cannot do this. Are they right?

I have been working for a company for six months and have just been sacked. Can I bring a claim for unfair dismissal?

The answer is usually no. The general right to bring a claim for unfair dismissal is not available until the employee has at least one years continuous employment. However, if you can show that you have been dismissed for one of a number of specific reasons (e.g. related to pregnancy, health and safety etc) the one year rule does not apply and you might be able to bring a claim.

What is the maximum level of compensation recoverable in unfair dismissal claims?

If you are successful, you are likely to receive compensation split into two categories as follows :-

Basic award - this is calculated in a similar way to statutory redundancy payments. The level of the award depends on your age and length of service. The current maximum is £9,300.

Compensatory award - this award is intended to compensate the employee for the loss suffered as a result of being unfairly dismissed. It will depend on a number of factors including the likelihood of obtaining another job after dismissal. The current maximum is £60,600.

The maximum level of both of these awards tends to increase every year.

I have been bullied at work by my Supervisor and I don't think I can continue working under these circumstances. What can I do?

Implied into every contract of employment is a term stating that there is a relationship of trust and confidence between employees and employers. If the employer acts in a way which is likely to damage or destroy this relationship, they will be in breach of the term. If that breach is serious, it will amount to a fundamental breach of contract. This entitles the employee, under certain circumstances, to resign and claim that they have been unfairly constructively dismissed. Before taking this step, the employee should take legal advice and they must usually bring a grievance against their employer to see whether the problem can be sorted out before bringing a claim for unfair dismissal.

I am about to return to work after maternity leave. I am currently working full time but I would like to go back part time due to my childcare responsibilities. What rights do I have?

All employees with 6 months continuous employment who have children under the age of 6 are able to make a formal request for part time work. The employer is then obliged to consider the request at a meeting and then make a decision. The employer is only able to refuse the request for a number of specified reasons. If the employer fails to go through the necessary process, a claim can be brought in the Employment Tribunal.

If the request is made by a woman returning from maternity leave, unless the reason for refusal is a very good one, it is sometimes possible to bring a claim against them for indirect sex discrimination. This could lead to an action for significant compensation.

The company that I have been working for a number of years has recently had its assets bought by another company. My new Manager has told me that my terms and conditions will be altered to my detriment. Is there anything that I can do?

When a company's assets are purchased, the employees of the old company are automatically transferred to the employment of the new company with the same terms and conditions (apart from pension provisions). If your new employer attempts to change your terms without a very good reason, it may be open to you to resign and claim constructive unfair dismissal. If you are dismissed, you may be able to claim automatic unfair dismissal if you can show that the dismissal was related to the transfer. This is a complicated area of law and specialist advice should be taken as soon as the issue arises.

I am a senior sales person. I have recently left my employer and joined a competitor. I have contacted some of the customers that I dealt with in my last job. My ex employer has written to me saying that I cannot do this. Are they right?

If you have signed a contract of employment with your old employer which included a clause purporting to restrict your activities after termination of that employment, they may be able to enforce the terms and stop you breaching them. However, unless the clause is considered to be reasonable by the court, they will not be enforceable and you will be allowed to continue as if the clause does not exist. Again, specialist advice should be taken at an early stage to protect your position.

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