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Frequently Asked Questions - Your questions answered


What is disability discrimination? What is disability discrimination?
What is race discrimination? What is race discrimination?
How can I get statutory sick pay? How can I get statutory sick pay?
How much will I get of SSP? How much will I get of SSP?

What notice do I have to give if I want to leave my job? What notice do I have to give if I want to leave my job?
Do I have to disclose my criminal record? Do I have to disclose my criminal record?

What is redundancy? What is redundancy?
If I’m made redundant what can I claim? If I’m made redundant what can I claim?
What is Constructive Dismissal? What is Constructive Dismissal?
What is A.C.A.S.? What is A.C.A.S.?

What is a compromise agreement? What is a compromise agreement?
Can my daughter get a paper round she’s 12? Can my daughter get a paper round she’s 12?
My child is sick can I take leave? My child is sick can I take leave?
Who is classified as a dependant? Who is classified as a dependant?
What is statutory maternity pay (SMP)? What is statutory maternity pay (SMP)?
Do I need to give my employer notice if I need to take parental leave? Do I need to give my employer notice if I need to take parental leave?
My partner is having our baby am I allowed to take paternity leave? My partner is having our baby am I allowed to take paternity leave?
I want to work flexi time do I have a right to? I want to work flexi time do I have a right to?
What are the criteria for asking to work flexibly? What are the criteria for asking to work flexibly?
How do I make an application to work flexibly? How do I make an application to work flexibly?
Can my boss refuse me working flexi hours? Can my boss refuse me working flexi hours?


What is disability discrimination?

This is when an employer treats a person with a disability less favourably that he treats other people.

What is race discrimination?

It is a decision which is based on colour, race, nationality or national/ ethnic origins

How can I get statutory sick pay?

SSP or statutory sick pay is available if you meet certain criteria

  • If you have been sick for four days or more
  • Your employer is responsible for the payment of statutory sick pay for periods up to a total of 28 weeks.
  • You may need to provide a SC2 for the first seven days of sickness after which you may require a sick note from your doctor.

How much will I get of SSP?

If your earnings are above £97:00 per week you should get the standard rate of £79:15

What notice do I have to give if I want to leave my job?

You need to give one weeks notice if you wish to leave. Your employer needs to give you none if you have worked for them for less than a month.

  • From one month to two years –one weeks notice
  • Two to three years – two weeks notice and thereafter each year requires an extra weeks notice up to twelve weeks.

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Do I have to disclose my criminal record?

After a certain amount of time people who have been convicted and who have served their sentences are not under a duty to disclose those convictions to a prospective employer, as these are known as “spent”.
If you have told a prospective employer of these spent convictions and they then take these offences into account when you apply for a job they will be guilty of unlawful discrimination.

What is redundancy?

It is potentially a fair reason for being dismissed. The job you were doing has to have ceased or is going to cease, or indeed the business is relocating and the position will no longer exist.
You will have to have been selected on a fair procedural basis with consultation with you about the redundancy.

If I’m made redundant what can I claim?

If you have been in continuous employment for two years you are entitled to Statutory Redundancy pay from your employer as a minimum

What is Constructive Dismissal?

This arises when you resign because your employer breaches the contract they have with you. This would involved something along the lines of reducing your pay without your consent, and not just unreasonable behaviour

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What is A.C.A.S.?

It stands for Advisory, Conciliation and Arbitration Service. You can use this service to settle disputes relating to employment tribunals, you will be allocated a conciliation officer who will write to you. If you do not hear from them you will need to contact them.

www.acas.org.uk www.acas.org.uk or telephone 08457 474747 Monday to Friday 08:00-20:00
Saturdays 09:00 - 13:00

What is a compromise agreement?

It must be in writing, and it needs to relate to a specific incident. You must receive independent legal advice from a qualified lawyer, an independent trade union officer or a worker at an advice centre as to the terms and consequences of the proposed agreement. Ensure the advisor has insurance to cover the risk of a claim by you for alleged loss arising from any advice they may give you.

Compromise Agreement web site www.compromiseagreements.co.uk

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Can my daughter get a paper round she’s 12?

No a child under thirteen cannot be employed. Children over thirteen can be employed but with severe restrictions.

A local education authority permit is required. They are not allowed to work before 7am or after 7pm, and they are not able to work for more than two hours in any day when there is school. They are not able to work more than two hours on a Sunday and definitely not in an industrial setting. They are not able to work anywhere where heavy lifting is involved.

My child is sick can I take leave?

All employees may take reasonable unpaid leave to deal with incidents involving a dependant.
The length of time you take off depends on the circumstances but the right exists to assist temporarily and not as a long term care arrangement. One or two days is the maximum normally expected to make long term arrangements.

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Who is classified as a dependant?

Dependants include your child, parents, wife, husband or partner, or someone who lives with you as part of the family.

What is statutory maternity pay (SMP)?

You will qualify for SMP if:

  • You have stopped work because of pregnancy or childbirth
  • You have 26 weeks continuous employment with the same employer by the 26th week of pregnancy
  • Your earnings in eight weeks before the 26th week of pregnancy are above the lower earnings limit for NI contributions.

 

Do I need to give my employer notice if I need to take parental leave?

You need to give your boss 21 days notice if you wish to take leave

  • If leave is to be taken on the birth of a child or placement of adoption the notice need to be given 21 days prior to the expected date of childbirth or placement.
  • Your boss is able to refuse leave if it can be shown to be detrimental to the business and that work would be disrupted, within 7 days of receiving your request for leave. However the employer must agree to give you the leave within the next six months

You can take unpaid leave for up to thirteen weeks if you meet certain criteria

  • You have worked for the employer for one year and
  • Are naturally responsible for the child by being the parent / legal guardian/ adoptive parent
  • Leave may not be taken as odd days it requires it to be taken in week periods.

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My partner is having our baby am I allowed to take paternity leave?

Paternity leave is for everyone in an “enduring relationship” same sex partners are entitled to the same rights if the employee has:

  • Have 26 weeks continuous service by the 14th week prior to the expected child’s birth
  • Have a relationship with the child
  • Be the biological father of the child or married to or have a relationship with the child’s mother.

I want to work flexi time do I have a right to?

Any one can ask for flexi time and employers now realise that being reasonable ensures a happier workforce. However parents of children under 16 and carers have a statutory right to ask for flexi hours. It can take upto 14 weeks for the flexitime to be considered and instigated.

What are the criteria for asking to work flexibly?

There is not a right to work flexible just the right to be considered.
To be eligible you need to:

  • Have a child under the age of sixteen, or if the child is disabled under 18 in receipt of Disability Living Allowance
  • You will need to have worked continuously for at least 26 weeks prior to making the request.
  • The request must be so you may care for and have responsibility for the child and be either: biological parent, guardian, foster carer, adoptive parent.
  • Or is a partner or married to one of the above mentioned.

Please note you should not have made a previous application to flexibly work in the past 12 months

How do I make an application to work flexibly?

This must be made in writing and should include:

  • The you have responsibility for the upbringing of the child and your relationship to the child
  • What hours you are requesting to work
  • The date which you would like it to become effective
  • The effect your change of hours would have on your employer, in your opinion and how the effect could be dealt with.

If you have requested flexi hours previously and when

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Can my boss refuse me working flexi hours?

Your employer will need to consider your request within 28 days

  • Your employer will hold a meeting with you to discuss ( you can be accompanied by a full-time trade union official/ lay union official or fellow co-worker)
    • The application
    • Possible alterations/ compromises

Your employer will notify you of their decision in a further 14 days.
If the employer refuses it needs to be because of a clear business reason i.e.

  • The employer will endure additional costs
  • Inability to employ more staff
  • Not able to reorganise work load on the existing work force.
  • Detrimental impact on quality or performance
  • Insufficient work during the time period considered
  • Prior planned structural changes

You do have the right to appeal.

 

 


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