Richard
Smith, HR expert from Croner Consulting, outlines those old wives’ tales of the
office that could lead to expensive tribunal claims
1.
Myth: There is no contract of employment if there’s nothing in writing
Croner
says: Even a verbal contract is a binding agreement
2.
Myth: Employees paid a monthly salary are entitled to one month’s notice of
the termination of their employment.
Croner
says: The minimum legal notice period is one week per year of service to a
maximum of 12 weeks, irrespective of how frequently someone is paid, but could
be longer for more senior staff
3.
Myth: Employees with less than one year’s service can be dismissed for any
reason
Croner
says: There are now more than 20 grounds where an unfair dismissal
complaint can come from an employee with under one year’s service
4.
Myth: Making someone redundant is easier than dealing with the real issues
relating to performance
Croner
says: This risks an unfair dismissal finding, especially if the worker is
replaced shortly afterwards. Employers must show reasonable justification for a
redundancy
5.
Myth: You can sack someone on the spot for gross misconduct without
following any form of procedure
Croner
says: This is highly risky, leaving the employer open to an unfair
dismissal claim. Workers should be given an opportunity to explain themselves
at a properly conducted meeting before decisions are made
6.
Myth: Casual, agency and temporary workers never have employment status
Croner
says: Such workers may be classed as employees, especially if under the
control of the ‘employer’ and working as part of their organisation, and therefore
gain employment rights
7.
Myth: If an employee resigns without serving their necessary notice, the
employer is entitled not to pay them outstanding wages or holiday pay
Croner
says: The employee may be due outstanding wages or holidays and to withhold
such sums would require a written term allowing for this, signed by the employee
8.
Myth: Employees must always be given bank holidays off or receive
additional pay for working them
Croner
says: Bank holidays are a matter entirely of contract. There is no right to
them, or for extra pay, unless otherwise agreed
9.
Myth: Holidays do not accrue if the employee is on long-term sickness
absence.
Croner
says: Case law has now shown that, even if the contract says otherwise,
workers continue to be entitled to accrue and take holidays, even if sick,
under the Working Time Regulations.
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10.
Myth: An employer does not have to give the right of appeal if there is no
one higher to hear the appeal
Croner
says: Even in such a case, allowing a review is sensible and allows any
misunderstandings to be cleared up. Failure to offer any appeal will render
most dismissals unfair
