Q: After six months of employment, an employee proves to be unsuitable due to capability issues. Must you issue written warnings before dismissal? A: You are not obliged to follow the disciplinary procedure for employees as an employee with less than one year completed employment cannot make a claim of Unfair Dismissal to an Employment Tribunal. However, if you have issued a Contract of Employment containing a disciplinary procedure then the employee may claim a breach of Contract to an Employment Tribunal if you fail to follow the that procedure. You must be sure that there can be no suggestion of discrimination in the dismissal.

Q: What length of time is the statutory requirement for an employer to issue a Statement of Terms and Conditions to a new employee? A: Employment Law does not refer to an employer issuing a Contract of Employment. However, it places the onus on the employer to issue a Statement of Main Terms and Conditions within two months of commencement of employment.

Q: What is the maximum award that a Tribunal can make to an employee if it is judged that they have been dismissed on the grounds of discrimination? A: Awards made by Employment Tribunals to employees having been judged to have been dismissed on the grounds of discrimination are uncapped.

Q: What is the statutory period of notice you must give to a monthly paid employee who has completed two years of service with you? A: The statutory periods of notice are as follows: One month to two years employment: one week’s period of notice. Two years plus: one week’s period of notice for every completed year of employment up to a maximum of 12.

Q: A female employee is returning to work after maternity leave. She is a key member of staff. She informs the employer that she only wishes to work two days per week. Must the employer agree with this? A: Female staff returning to work after maternity leave have the right to request part-time or flexible working hours. The employer must give fair and considerate thought to the request. If you fail to prove that part-time or flexible hours are not appropriate then you may fall foul of Sexual Discrimination and Discrimination against Part Time Working Legislation.

Q: You get very busy and need your employees to work extra hours up to 55 per week. Should you ask your employees to sign a 48 hour Working Time Directive opt out agreement? A: Not necessarily. The 48 hour Working Time Regulations say employees working more than 48 hours per week only need to sign an opt out the working hours averaged over a 17 week period are over 48. If your employee has other employment elsewhere (like evening work) they may need to sign an opt out agreement. It is the employer’s responsibility to monitor other employment.

Q: What is the current statutory entitlement for employees in regard to annual leave? A: On 1st April 2009 this entitlement increased to 5.6 weeks or 28 working days inclusive of Bank Holidays.