Ipswich Solicitors

IPSWICH EMPLOYMENT LAWYER

About grievances

Grievances are difficulties, concerns or complaints that workers raise with their employer.

There is no particular procedure to follow. However, there are some principles that should be observed.

The Acas (Advisory, Conciliation and Arbitration Service) Code of Practice on disciplinary and grievance procedures (the Code) established the principles to reach a reasonable standard of behaviour in managing grievances.

It is a good practice to try resolving the matter informally before raising a formal grievance.

The issues you may want to discuss with your employer could involve:

•             Employment terms

•             Pay and working conditions

•             Disputes with co-employees

•             Discrimination

The employer’s formal procedure should be followed in each case. The grievance should be in a written form, dated and signed.

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

What are the basic rights under the Working Rights Regulations ?

• No one can be forced to work more than 48 hours a week. However, everyone can work more as long as the average over 17 weeks is less than 48 hours per week.
• There are no working time limits when you work in the armed forces, police, as a domestic servant or sea transport worker.
• Everyone who is 18 or over can choose to avoid the 48 hour limit. This must be voluntary and put in writing. The opt-out agreement can be cancelled at any time even it is part of the contract of employment. The employee must give the employer at least seven days notice. However, if previously agreed with an employer, then up to three months notice is required.
• No one is allowed to force you to cancel the opt-out agreement.
• If you want to work overtime, you must firstly, check your employment contract for details of how the time is worked out and the rates of pay.

What is the difference between an employee and independent contractor?

The law treats employees and independent contractors differently. It can be difficult to decide the true nature of such relationships and the Tribunal/court will consider the substance and practicalities of the relationship over and above any contract agreed between the parties. In other words, a contract that states there is an independent contractor relationship is not conclusive. In cases of dispute, the Tribunal/court will determine the appropriate status of the relationship by considering a number of factors. Some of these will be considered more important than others. Examples of relevant factors are:

• who provides the tools for the job;
• the level of skill required for the job;
• who controls the work and the work product;
• whether the work is performed on the business premises;
• the duration of the relationship between the parties;
• the ability to delegate or sub-contract the work;
• whether the hired party has discretion over how long and when they work;
• whether any insurance or benefits are provided to the hired party;
• whether expenses are reimbursed;

Are claims available based on bullying at work and/or harassment?

Your employer is responsible legally for the actions of staff, sometimes even if the employer was unaware of such actions, . This is known as vicarious liability. An action is also possible against the individual(s) who may have been harassing you.

The employer may also be liable if appropriate action has not been taken once a complaint has been made.

Bullying and harassment can be physical and/or verbal behaviour and can be communicated in a number of ways such as text messages, emails, verbal and physical communication. The following are examples of bullying and/or harassment:

• verbal abuse or comments
• staring, touching  comments or leering in a sexual way
• offensive gestures
• aggressive physical behaviour

Fit notes & Sickness absence

Subject to employment terms and conditions, the law provides that if an employee is absent from work for 7 days or less self-certification form or Employee’s Statement of Sickness form  is usually sufficient but if an employee is absent  for more than 7 days, a Statement of Fitness to Work  should be sought from a GP and given to the employer.

Every person working on a contract of service is entitled to Statutory Sick Pay (SSP), if he/she is sick for at least four days in a row and have average weekly earnings of at least £97 a week. The weekly rate is £79.15.

Rights of Part Time Workers

Working part time can be a great solution for some people, such as working mums, budding entrepreneurs needing some income for living expenses and pensioners who want to keep busy.    There are also numerous benefits for employers; increased productivity, lower staffing costs and greater flexibility. However, many people misunderstand the rights of part-time workers and automatically presume part time workers are not afforded the same legal safe-guards as full time workers.  This naturally leads to asking…

“What are the legal rights and obligations of a part time worker when compared to a full time worker?”

Under the law, there is a general notion that part time workers should not be treated less favourably than full time workers. This principle is enshrined under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations.  In practice, this means part timers should receive the same hourly wages as full time employees; bonuses and extra pay for unsociable hours should be the same (albeit on a pro rate basis); opportunities for promotion and training should be the same; access to benefits (pensions etc.) the same; rights to holiday and leave, including maternity and paternity leaves, sick pay the same (again pro rata).

When looking at your own situation as an employee, you have to ask who is comparable to yourself in terms of position and responsibility; ask whether you are being afforded the same rights as them and refer to minimum employment standards under the law.  If you feel you are being unfairly treated, you are of course entitled to make sure you are.  You could refer the case to a union if you are a member of one or speak to a professional employment law solicitor.  If the employer refuses to budge, the next stage would be an employment tribunal.