North West Employment Law - Specialist Employment Solicitors

Contracts Of Employment, Notice Pay & Holiday Rights

Notice Pay

Unless you are dismissed for gross misconduct your employer has to give you notice to end your contract of employment. If you have worked for your employer for at least 1 month the minimum period of notice your employer is required to give is 1 week. If you have worked for that employer for at least 2 years you are entitled to 1 weeks notice for each full year worked up to a maximum of 12 weeks. You are entitled to any longer period specified in your contract of employment.

Wrongful dismissal

If your employer dismisses you without notice in breach of contract, you can claim wrongful dismissal.

Contract of Employment

Your employer is obliged to give you a written statement of your main terms and conditions of employment. If this is not done you may be able to claim 2 to 4 weeks pay but only as part of another employment tribunal claim.

Working Time Regulations

Family RightsThese give workers the right to

  • a working week of no more than 48 hours( averaged over 17 weeks)
  • the right to 5.6 weeks (inclusive of bank holidays) paid holidays per year
  • minimum rest breaks during the working day
  • minimum rest periods between work

Holiday Pay

If you have not taken all your statutory holiday entitlement up to the date your employment ends, your employer should pay you any accrued holiday pay entitlement for that year when you leave.

National Minimum Wage

The current rates are £5.80 per hour for workers aged 22 and over, £4.83 per hour for workers aged 18-21 and £3.57 per hour for workers aged 16 or 17.

Bringing an Employment Tribunal Claim

In most cases it is advisable to send a written grievance to your employer before you submit a claim to the employment tribunal.

In all cases there are strict time limits and so it is important to seek legal advice as soon as possible.