Employment Issues
It is coming up to Christmas. Can my employer make me work on bank holidays?
There is no general right for a worker to take bank or public holidays, with or without pay. Any rights you have will be contained in your contract of employment. If you are given paid bank or public holidays these may count towards your annual statutory holiday entitlement, again, unless your contract says otherwise. If you do not have a written contract you can rely on what has happened in previous years, this is called custom and practice.
I have a grievance against my employer. I think I have heard that there are special procedures that have to be followed now.
Yes. From 1st October 2004 the Employment Act (Dispute Resolution) Regulations 2004 come into force. This act covers statutory dismissal and disciplinary procedures (DDP) and statutory grievance procedures (GPs). An employer should:
- Tell the employer in writing that he/she has a grievance
- The employer must invite the employee to a meeting
- The employer must hold an appeal meeting if the employee wishes to appeal
I would like to make a bit of extra money for Christmas. I have seen adverts for working from home. Is this a good idea?
It could be, but there are some points to watch out for. Avoid companies that ask you to pay a sum of money before you start work or ask you to buy a "starter kit". Also avoid schemes where you have to buy the raw materials, or rent equipment and then sell the finished product. Adverts should contain the full name and address of the company, a clear description of the work, whether you will be employed or self-employed and the likely level of earnings. Be very wary of adverts without these details.
If you have already paid any money you may be able to get it back by contacting Trading Standards.
My employer is moving and I will have quite a long way to travel. Do I have to move?
It depends on your contract of employment. Some contain a mobility clause, but if it doesn't it is always in your best interests to try and negotiate first.
You could claim redundancy as long as you have two years service. However it will all depend on how reasonable it is for you to travel to the new location.
You could also consider constructive dismissal but you have to show that the employer has breached a fundamental term of the contract. A change in job location could be such a breach.
Last updated: February 22, 2007