Maximum weeks pay for calculating unfair dismissal and unfair dismissal basic award £525.
Maximum basic award for unfair dismissal and statutory redundancy payment: £15,750 (30 weeks pay subject to the limit on a week's pay).
Maximum compensatory award for unfair dismissal (unlimited for certain automatically unfair dismissals, eg whistleblowing, health and safety): £86,444.
Failure to allow right to be accompanied correctly, such as during a disciplinary or appeal hearing: £1,050 (two weeks' pay capped at the statutory amount).
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The current weekly rate of statutory maternity/adoption pay is £148.68 or 90% of the employee's weekly wage if this figure is less than the statutory rate.
Statutory paternity pay is paid for two weeks and is also paid at the lower of £148.68 or 90% of the employee's average weekly earnings.
Statutory sick pay is currently set at a weekly rate of £94.25.
To be entitled to these statutory payments the employee's average earnings must be equal to or more than the lower earnings limit of £118 per week.
Employers can usually reclaim 92% of employees' statutory maternity pay, paternity pay, adoption pay and shared parental pay, this rises to 103% if your business qualifies for small employer's relief.
Need your family friendly policies updated? Contact us.
In a recent case Metroline West Ltd v Ajaj, the EAT said that if an employee “pulls a sickie” and this is then found to be untrue, the employee is in breach of trust and confidence. Therefore, the EAT agreed that the employer was right to dismiss the employee.
It is however important to ensure that a proper procedure is followed as well as a proper investigation and the employer has a reasonable belief that the employee is not sick.
We can review your existing absence policy, or if you don’t have one we can put one into place for you.
A current topic in HR is zero hours’ contracts, the Office of National Statistics reported data in January saying that there had been a 6% increase in the use of zero hours’ contracts by UK businesses during the last year. Zero hour contracts have attracted a lot of media attention following the Labour Party saying that they will ban them if they get elected. Some argue that they offer a greater flexibility in working patterns and 54% of those people on zero hours’ contracts are women.
In May 2015 a new regulation preventing employers from enforcing exclusivity clauses were brought in and in January 2016 zero hours’ workers were given the right to claim for unfair dismissal if they were subjected to a detriment for failing to comply with an exclusivity clause.
A contract of employment starts once the offer is accepted (whether in writing or not), there is then a legal requirement to give a written statement of employment within two months of starting work, which sets out the main terms of employment. To provide clear expectations it is sensible to go further than a written statement of employment and have a written contract of employment, which is clear on many things such as the length of notice, confidentiality and any restrictive covenants etc.
We can review your contracts of employment, or if you don’t have any we can put them into place for you.