FAQs about Employment Law

READING EMPLOYMENT LAW FREQUENTLY ASKED QUESTIONS

Employment Law FAQs for Individuals

I believe I have been unfairly dismissed.  How long do I have to be in employment before I can make an unfair dismissal claim ?

You should have been continuously in employment for 12 months or longer.  If, however, discrimination was a factor in your dismissal, the 12 month rule does not apply.

How long do I have to be employed before I can claim statutory redundancy pay ?

You should have been employed for two years or longer.  Service before the age of 18, however, does not count.

How much break time am I entitled to ?

If you are over 18, you are entitled to 20 minutes every six hours.  If you are under 18, you are entitled to 30 minutes every four and a half hours.

What is my statutory entitlement to holidays ?

Full-time employees are entitled to 28 days of holiday every year, inclusive of bank holidays.

I started work two months ago and I haven’t been offered a contract yet.  Is this legal ?

Your employer is legally obliged to offer you a written statement of your main terms and conditions of employment, which should include:

  • Yours and the employer’s name
  • Your job title
  • Your main duties
  • The location of the workplace
  • The hours you work
  • Your holiday entitlement
  • Notice requirements
  • Provisions regarding remuneration

Am I employed or self-employed ?

  • Do you have control over your work ?
  • Are you free to sub-contract out certain tasks ?
  • Are you responsible for carrying the risks and liabilities of the business ?
  • Do you make a profit from the business ?
  • Do you control when and how you work ?
  • Are you obligated to correct your own mistakes in your own time at your own expense ?
  • Do you provide the tools and equipment necessary to carry out your work ?

If you answered yes to the above questions, it is likely that you are self-employed.