There are a number of employment laws that employers must comply with but employees are often unaware of. This ignorance can lead to employees being taken advantage of and not knowing matters they should talk to an employment contract lawyer about.

Many do not make an attempt to go beyond a quick read through a written contract of employment but there are many employment laws that employees as well as employers should be aware of. These are the top 20 employment law facts you should know.

1. An employer is required to ensure that all employees have the legal right to work in the UK before they start work. They must also keep copies of the documents provided, employment contract solicitors say.

2. Employers must auto-enrol employees into a workplace pension. They must also contribute towards the pension. Unless an employee specifically opts out of this, the employer must provide employees with access to a contributory pension.

3. As an employer, you must register with the HM Revenue and Customs (HMRC) before your first payday when you take on your first employee. Your employment contract lawyer will also inform you that you are required to run a payroll and issue a payslip to employees while also reporting your payroll information to HMRC electronically every time you pay an employee.

4. A contract of employment, which can be a written or verbal agreement, exists once the offer of employment is accepted by the employee.

5. A job offer can be made after the successful completion of a probationary period. This period has to be long enough for the employer to judge the competence of the employee.

6. Changes to the contract of employment must be agreed to by both parties and confirmed within a month of the change taking effect. Additionally, an employer can only change the terms of a contract of employment if they have reserved the right to do so or have the consent of the employee.

7. All employers must provide details of disciplinary rules and procedures. Consulting an employment contract lawyer will give you an idea of what needs to be included.

8. What constitutes to gross misconduct must be included in detail and with examples in the contract of employment or staff handbook. While an employer must follow fair and reasonable dismissal procedures, gross misconduct merits instant dismissal.

9. Within two months of starting work, employees who are taken on for a month or longer are entitled to a written statement from the employer.

10. Almost all employees, including casual, part-time, and agency workers, are entitled to minimum wage.

11. Entitlement to holiday begins to collect from the first day of employment and continues even during periods of absence for reasons like maternity or sick leave.

12. Pregnant employees are entitled to paid time off for ante-natal care, including parenting and relaxation classes. The employer can ask for a doctor’s letter or National Health Service appointment card.

13. Statutory maternity pay and statutory adoption pay is paid at £148.68 or 90 percent of the employee’s average weekly earnings, depending on which is lower.

14. Statutory paternity pay is paid at £146.68 a week or 90% of average weekly earnings, depending on which is lower.

15. An employee can end their maternity or adoption leave and pay early and share the remaining leave and pay with their partner if the partner is eligible as shared parental leave and pay. An employment contract lawyer can help an employer with understanding the exact regulations regarding statutory parental leave.

16. Provided they meet qualifying criteria, new and adoptive parents are entitled to statutory maternity or statutory adoptive leave.

17. An employer can refuse to pay statutory sick pay. However, this can only be done if the employer reasonably believes the employee isn’t genuinely sick or if they fail to comply with notification requirements.

18.Employee health and safety is the responsibility of the employer. This includes those who work from home.

19. All employees over 18 years of age are entitled to one day off per week and work for not more than 48 hours per week. However, they can opt out of this limit.

20. All employees, including fulltime and part-time, with 26 weeks of continuous service are entitled to request flexible working hours.

Published date - April 27, 2020