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On July 17, 2017

5 things your boss shouldn’t say!

The Citizens Advice has exposed some of the things that unscrupulous bosses say when they’re trying to undermine their employees’ rights: – 

  1. “We can’t afford to pay you any more – you’ll have to go self-employed.”

Nothing has changed about your job but you’re asked to go self-employed. This is a sign of ‘bogus self-employment’. Your boss saves money as they don’t pay you minimum wage, holiday pay, sick pay or maternity pay.

  1. “You were travelling between clients so we didn’t pay you for those hours.”

You should be paid for all the time you spend at work.

  1. “Your disability means you don’t do as much work as others, so we’re not going to pay you the minimum wage.”

Every employee is entitled to the national minimum wage.

  1. “We don’t have to pay you redundancy pay because you’re on a zero hours contract.”

Zero hours workers are entitled to redundancy pay if they have been working for their employer for two years or more, usually doing at least one shift a week.

  1. “You work through an agency, so you don’t get sick pay.”

Agency workers should be paid sick pay by the agency.

Every employee is entitled to basic rights such as national minimum wage, sick pay, holiday pay and fair treatment during pregnancy. Unscrupulous employers find ways around these rights with unclear employment contracts and complex work arrangements.

Do you know your employment rights and the amount you could potentially claim in compensation if your employer breaches those rights? New increased compensation limits were introduced from 6th April 2017. See the table below for details based on a week’s pay of £489.

Employment right Maximum award
Unfair dismissal: –

·      Basic award

·      Compensatory award

·      Additional award

 

£14,670

£80,541 (or one year’s salary if lower)

£12,714 – £25,428 (26-52 weeks’ pay)

Redundancy pay £14,670
Discrimination No limit
Dismissal for union/employee representative or pension trustee reasons: –

·      Basic award

·      Compensatory award

 

 

£14,670 (minimum £5,970)

£80,541 (or one year’s salary if lower)

 

Dismissal for health and safety reasons: –

·      Basic award

·      Compensatory award

 

£14,670 (minimum £5,970)

No limit

Dismissal for making a protected disclosure: –

·      Basic award

·      Compensatory award

 

£14,670

No limit

Contract claims in a tribunal £25,000

 

If you are an employee and you feel that you’ve been treated unfairly, you should seek advice straight away. At Simpkins & Co Solicitors we are experts in employment law and members of the Employment Lawyers Association (ELA). We offer a FREE, no obligation initial consultation where we will advise you of the next steps to take. Any legal costs are usually covered by your home insurance policy and this will be explained to you in your initial consultation.

If you are an employer, we can advise you on all aspects of employment law, HR matters, writing staff contacts, disciplinary procedures, etc. Making sure that everything is in place is important to protect both yourself and your staff. In recent times employment rights for employees have been significantly extended, and things are changing quickly which is why it is vital that you keep up to date. Putting things in place and using the services of a specialist employment law solicitor can prevent you from being on the wrong side of the law and facing costly employment tribunals.

Contact our Highcliffe office on 01425 275555, email info@simpkinsand.co.uk or visit www.simpkinsand.co.uk.

Steve Simpkins and Jacque Aitken of Simpkins & Co are Trustees of the New Forest Citizens Advice, a charity providing advice for the problems people face and improving the policies and practices that affect people’s lives.

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