Curry Popeck

FAQ’s – Employment

Is the employee entitled to a written contract of employment?

There is no obligation for you to provide an employee with a written contract. However, the employee is entitled to receive a written statement of the main terms and conditions of his/her employment within two calendar months of commencement of their employment.

Can I dismiss my employee for any reason?

If the employee has been employed for less than two years they can be dismissed for any reason provided there is no statutory discrimination but they are entitled to the statutory minimum notice or contractual notice if that is greater. However, once the employee has completed 2 years’ service, he/she has the right not to be unfairly dismissed and you should follow a fair process prior to dismissal.

Can I dismiss an employee whilst they are off sick?

Yes. However, they may be able to bring claims for unfair dismissal or disability discrimination if you have not made the proper enquiries about their health prior to terminating their employment. Your employee should not be treated differently because of their ill-health.

Protection against discrimination?

Employees are protected against racial, religious, disability and sexual discrimination under the Equality Act 2010. The Employment Rights Act 1996 and the Employment Equality (Age) Regulations 2006 (as amended) protects employees against age and retirement discrimination You cannot treat your employees less favourably because of their race, religion, age or sex or because they have a disability, nor can you apply a policy or rule which disadvantages – directly or indirectly – members of any of those groups.

Do I have to allow my employees to work flexibly?

All employees have the legal right to request flexible working – not just parents and carers – after having worked for the same employer for at least 26 weeks.
You must deal with requests in a ‘reasonable manner’ but can refuse an application if you have a good business reason for doing so.

What can I do to prevent my employees ‘poaching’ my staff or customers when they leave?

You will need to provide employees with a written contract containing restrictive covenants. The covenants must be “reasonable” both as to time and location.

What should I do now?

If you would like us to deal with your employment matter, simply call or email us and we would be happy to discuss your requirements in a friendly and professional manner.