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How much notice am I entitled to?
If an employee has been working for over one month, they are entitled to be given notice before they are dismissed. The amount of notice normally depends on how long the employee worked for the employer:
The following table sets out the minimum notice periods an employee is entitled to:
Length of Service Notice Period Entitlement
1 month - 2 years one week
2 years to 12 years one week for each complete year
Over 12 years 12 weeks
If the employment contract states that the employee is entitled to a longer notice period, then the longer period will apply.
If an employee is summarily dismissed according to the employment contract, or dismissed as a result of gross misconduct, the employee is not entitled to any notice period.
I believe that I have been sacked for unfair reasons? Is there anything I can do?
Employers are allowed to dismiss their employees but they must do so in a fair manner. A dismissal is only fair if it satisfies the following two conditions.
Firstly the reason for the dismissal must be one of the following:
that the employee is unable or unqualified to do the job (capability)
that the employees conduct is unacceptable (for example, continual poor attendance or lateness)
that the employee can simply no longer continue in their position (for example a van driver losing his driving licence)
that the job itself is redundant
some other substantial reason
Secondly, the employer's decision to dismiss the employee for one of the above reasons must be reasonable. Therefore, if it would have been more reasonable for the employer to issue a warning to the employee, instead of dismissing him/her, the dismissal may be unfair.
However, what is reasonable depends on the circumstances and also upon the size of the employer and the resources available to it.
Maternity
How much maternity leave am I entitled to?
All pregnant employees are entitled to 18 weeks ordinary maternity leave regardless of length of service.
Women who have been in the service of their employees for longer than a year are entitled to additional maternity leave. This extra period commences at the end of the ordinary maternity leave, and finishes 29 weeks after the birth of the baby.
What am I entitled to during maternity leave?
Employers have no obligation to pay women during maternity leave, but most women, if they have worked continuously for 26 weeks or more, will be entitled to Statutory Maternity Pay or Maternity Allowance during ordinary maternity leave.
Other than pay, a woman on ordinary maternity leave is entitled to all other benefits under her normal terms and conditions of employment.
Additionally an employee who is pregnant has the right to paid time off for ante-natal care.
During additional maternity leave, the employment contract continues and some of the contractual benefits and obligations remain in force. e.g. contractual redundancy rights and notice.
When can I start maternity leave?
The earliest an expectant mother can decide to take her maternity leave from is the beginning of the 11th week before the week in which the baby is due. Within 21 days prior to her intended departure date she is required to provide her employer with the following information:
That she is pregnant
The estimated week of birth
The date she intends to commence maternity leave
Any such notice must be given in writing if requested by the employer.
When can I return to work?
If an employee intends to return to earlier than the end of her ordinary or additional end maternity leave, she must give her employers 21 days notice of her return date.
If an employee intends to come back at the end of her ordinary maternity leave, she does not have to inform her employer that she intends to do so.
If the employee qualifies for additional maternity leave, she should inform her employer when the baby is born so that the employer can plan for her return to work 29 weeks later.
If the employer is on additional maternity leave, the employer is entitled to contact the employee in writing, to request confirmation of the child birth date and enquire whether the employee intends to return to work. This contact shall not be made any earlier than 21 days before the end of the employee's additional maternity leave. The employee must respond to this enquiry within 21 days or she risks her employers taking disciplinary action against her.
Can I be dismissed because of my pregnancy?
All dismissals linked to the fact that a woman is pregnant are automatically unfair. In this event therefore, a employee dismissed for reasons relating to her falling pregnant would have an automatic claim for unfair dismissal at an employment tribunal.
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