Citizens Advice Bureau - CABoodle Employment

I am under a lot of stress at work. Does my employer have to do anything about this?

Your employer has a legal duty to look after your mental welfare, as well as your physical health. However, your employer would usually be entitled to assume that you can cope with the normal day to day pressures of your job.
If, for any reason, you feel that you are becoming stressed about your work, perhaps because there has been an increase in your workload, it is very important that you tell your employer. This will give them an opportunity to do something about it. It is particularly important to do this if you need to take sick leave because of stress.
If your employer does not do enough to reduce the stress you are under at work, you may have the right to take legal action against them. For example, if you suffer a stress-related mental illness because of your work, you may be entitled to compensation from your employer.

Does my employer need to give me a certain period of notice before he dismisses me?

A dismissal for gross misconduct can be summary without any notice. Actions such as theft from the employer, violence or drinking at work have been found to be gross misconduct.
For dismissal for reasons other than gross misconduct, the amount of notice to be given will depend on your contract of employment and how long you have worked for your employer.
The law specifies the minimum period of notice you should be given:-
• one week if you have worked for your employer for one month but less than two years
• two weeks if you have worked for your employer for two whole years; and
• one additional week for each further whole year's employment at the date the notice period ends (up to a maximum of twelve weeks notice in total).
You should never receive less notice than the statutory minimum but your contract of employment may entitle you to more notice.

What is the national minimum wage?

The National Minimum Wage for anyone aged 22 or over is £5.52 per hour. For those aged 18 to 21 (or over 21 but in the first six months of a new job with a new employer and receiving accredited training), the rate is £4.60.For workers aged 16-17 the rate is £3.40 per hour.

Can my employer dismiss me because I am pregnant?

If your employer dismisses you because of your pregnancy you can make a claim to an Employment Tribunal for automatic unfair dismissal, regardless of how long you have been employed. You can also make a claim for sex discrimination. You must be able to show an Employment Tribunal that the main reason for your dismissal was your pregnancy. You will need specialist help to do this.

I'm being harassed at work because my colleagues think I’m gay. What can I do?

Any behaviour like this in the workplace that upsets an individual, can amount to harassment. Employers are responsible for the actions of their staff, as well as staff being individually responsible for their behaviour towards their colleagues. If you are being harassed, your employer may be responsible unless they can show that they took all possible steps to prevent the harassment. It is unlawful to discriminate against, or to harass workers, because they are believed to be lesbian, gay or bisexual, whether or not they actually are.
If your employer is refusing to take your concerns seriously, you may want to raise a grievance with him/her. This should be in writing, and should be signed and dated. If you decide to make a claim for discrimination to an employment tribunal, you must raise a written grievance before you do this.

When I was younger I got into trouble with the police. I'm applying for jobs now and I'm worried my conviction will stop me getting work. Do I have to tell employers about my criminal record? (England, Wales and Scotland only)

The information that you have to give will depend on the length and type of sentence that you received and the job that you are applying for. You will always have to declare a prison sentence of more than two and a half years (or an equivalent period of youth detention or custody) if you are asked about any criminal record by an employer. This applies to a suspended or partially suspended sentence too.
You will also always have to declare any conviction if you are applying for a job where you are working with children or vulnerable adults.
However, if you are not working with children or vulnerable people, there are some offences that you do not have to declare after a certain period of time has passed. If your conviction falls into this category the conviction is considered to be 'spent' and does not have to be declared even if an employer asks you directly about your criminal record. This fixed period is known as a 'rehabilitation period' and runs from the date of conviction. The length of the rehabilitation period depends on the sentence that you received rather than the type of offence that you committed. Some will be spent more quickly then others.
For more information about rehabilitation periods, in England and Wales go to the website of NACRO, the crime reduction charity, at www.nacro.org.uk.
For more information about declaring a criminal record when you want to work with children or vulnerable adults, in England and Wales, go to the website of the Criminal Records Bureau at: www.crb.gov.uk.

I’ve just applied for a job and the form asks for my date of birth. Do I have to give it? I’m afraid the company won’t look at my application if they realise how old I am.

Despite the fact there are laws to stop age discrimination, there’s nothing to prevent a company asking your date of birth on an application form. But if you don’t get the job and you think it’s because of your age, you can use the fact that they asked you for your date of birth as possible evidence of age discrimination which is against the law. You may be able to make a claim for compensation.

I started a new job a month ago. Last week I was really ill and had to have four days off. My boss has told me I'm not entitled to sick pay because I'm still in my three month probationary period. Is this standard practice? If so can I claim statutory sick pay instead?

Technically, there is no such thing as a probationary period. However, it's important to know that during your first year of employment with a company you have very little protection from being dismissed.
Having said that, one of the things you are entitled to during your first year is sick pay. There are two types of sick pay: contractual sick pay; and statutory sick pay (SSP). SSP is the minimum laid down by law and contractual sick pay is what the company will pay over and above SSP. The arrangements for contractual sick pay should be laid down in the company's handbook; you should check this to find out what you're entitled to and when this entitlement kicks-in.
SSP isn't paid for the first three days you're off sick but is paid from day four and you're entitled to this, even in the first three months of employment with a company.

Can I be fined at work for not submitting completed work before a set deadline?

In most circumstances it is not legal for the company to fine you for non-completion of work.
The circumstances in which a company can do this are: if there is something in your contract of employment; or if you agree in writing to allow them to take the money. The important thing to remember is that you must agree before they make the deduction.
If they take the money without your permission or there is nothing in your contract to allow them to do this then you can start a grievance procedure to get the money back. You have three months from the day the monies were deducted to start your action. This could eventually lead to taking the company to an Employment Tribunal.
If you are thinking seriously about embarking on this course then it is important to consider that although you may get your deducted wages back, there is a chance that you could lose your job, especially if you have not worked for them for a year.

My shift pattern has just been changed, which is really inconvenient. How much notice should my employer provide for me to agree to this?

There is no set amount of notice that an employer has to give in order to vary a shift pattern, but it should be a reasonable length of time. Generally, this should be about 28 days.
If you don't have a variation clause in your contract your employer technically cannot alter your hours of work without your consent. But it is important to remember that if you do not accept the changes then they could sack you. If this was the situation, and you were sacked, it is possible that you could make an application for unfair dismissal to an Employment Tribunal. However, this would only be a possibility if you have worked for the company for more than a year.

I’m not happy at work and want to leave. How much notice should I give my employer?

The notice you should give your employer before resigning should be in the contract. If your contract does not say how much notice you must give your employer then, if you have worked for one month or more, the minimum notice you should give is one week. If you have worked for less than one month, the notice period should be reasonable.
If your contract says you must give your employer more notice than this, you must give the amount of notice in your contract. Your contract may set out how much you must give, whether it must be written, and/or when you should give it.
Be warned, if you walk out of work without giving notice and as a result your employer incurs additional costs, he/she can take you to court to recover their losses.

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