Below are some of the frequently asked questions about employment law matters.
The National Minimum Wage is increased (usually) on a year to year basis. Currently these are:
– 21 and over – £6.70 in Oct 2015
– 18 to 20 – £5.30 in Oct 2015
– Under 18 – £3.87 in Oct 2015
– Apprentice – £3.30 in Oct 2015.
You can’t get any less than the statutory amount which is currently £86.70 per week. Some employers may provide full pay for sick leave, it can be 10 days or 30 days (but it is up to the employer – they don’t have to provide anything), after that the employee should receive statutory sick pay.
If you leave your employment without working your notice, you may be in breach of your employment contract. If this is the case, the employer will be under no obligation to make any payment in relation to the notice period. If however, you have been dismissed at short notice, you should be paid your notice period, or permitted to work it.
Almost every worker is legally entitled to 5.6 (28 days paid) weeks paid holiday per year. This is normally known as annual leave. Your employer can choose to deduct bank holidays from the above entitlement. Self-employed workers are not entitled to annual leave. If you work part time, then you may not receive the entitlement above – it is calculated on the amount of days worked. If you have only recently joined a company, you may not receive full entitlement for that first year.
It is a breach of contract but not serious enough to entitle you to resign and claim constructive dismissal. A continuous failure to comply with this obligation would entitle you to resign. There is a claim in the employment tribunal (unlawful deductions from wages) which is a much faster remedy and you still be employed whilst commencing the claim.
An employer is not always obliged to provide a reference. However, an employer must provide a reference if they agreed to it in a Settlement agreement (formerly known as a Compromise Agreement).