Five Key Employment Law Questions Answered

As an employer, you may sometimes struggle to keep up with employment law when running your business. However, you must understand employment law as you are obligated to abide by it. If you fail to give your employees their employment rights, such as giving them maternity leave or paying them the national minimum wage, you could face an employment tribunal claim. Tribunal claims can mean paying compensation, as well as damaging your reputation as an employer and business. This article will answer five key employment law questions in England.

1. What is an Employer Legally Required to Do in Terms of Reasonable Adjustments?

You are legally obligated to make reasonable adjustments for employees or job applicants as an employer. This arises when employees let you know they have a disability, or you should know they have one. Where a disability puts an employee at a substantial disadvantage, making reasonable adjustments can help reduce or even remove the disadvantage.

2. What Are the Rules in Employment Law About When an Employer Can Dismiss an Employee?

When dismissing an employee, you must have a fair reason for dismissing them and follow a full and fair procedure when doing so. You can only dismiss an employee because of:

• their conduct;
• their capability;
• redundancy;
• illegality; and 
• some other substantial reason.  

If you do not have an acceptable reason for dismissal and your employee has at least two years of continuous service with you, they could claim unfair dismissal. Additionally, for all employees, regardless of their years of service, you could face a claim for discrimination at an employment tribunal if you do not have a fair reason and follow a fair process when dismissing them.

3. Does an Employer Have To Consider a Flexible Working Request?

As an employer, you are legally obliged to consider a request from your employee to work flexibly where they have 26 weeks of service with you. Although you do not have to accept the request, you should ensure that you reasonably consider the request. Whatever your decision, you should make your decision known within three months of receiving the request and allow your employees to appeal your decision. 

4. What is Illegal Discrimination in Employment Law?

Discrimination against your workers, clients and customers is illegal if it covers one of the nine protected characteristics. These protected characteristics are:

• race, which includes colour, nationality, ethnicity and national origin;
• religion;
• disability;
• sex;
• sexual orientation;
• age;
• marriage or civil partnership;
• gender reassignment; and
• pregnancy and maternity.

Unlawful discrimination can be direct and indirect. It may also include bullying, harassment, and victimisation.

5. Does an Employer Have To Pay Staff a Minimum Wage?

You are legally obligated to pay your staff the national minimum wage as an employer. The national minimum wage is an hourly amount that varies depending on the worker’s age. You should note that the minimum wage can change annually. 

Currently, the minimum wage rates are:

• £9.50 per hour for staff aged 23 and over;
• £9.18 per hour for staff aged between 21 and 23;
• £6.83 per hour for staff aged 18 to 20;
• £4.81 per hour for staff under 18; and 
• £4.81 per hour for apprentices under 19 and in the first year of apprenticeship, even if they are older than 19.

Key Takeaways

As an employer, you should:

• make reasonable adjustments for staff;
• dismiss employees according to the law;
• properly consider flexible working requests; 
• avoid committing unlawful discrimination; and
• pay your staff per the national minimum wage. 

If you need help understanding the answers to crucial employment law questions in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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