THE MYTH

Asking about family plans at a job interview is illegal.

THE REALITY

It is not illegal to ask about a candidate’s family, or plans for one, at a job interview. However, recruiters should tread carefully. If an employer refuses to employ someone because of their family duties, this would be sex discrimination, and the candidate could use the interview questions as evidence to support their case. Instead, questions should objectively relate to the job requirements and should be asked of all candidates; for example, would they be okay with travelling away from home or performing regular overtime.

THE COST

A sex discrimination claim could be quite costly, with compensation being uncapped and including a component for injury to feelings of between £500 and £25,000.

 

THE MYTH

Employees have no rights without a written employment contract.

THE REALITY

Even without a written contract employees have certain legal rights, including:

  • minimum notice (after one month’s employment)
  • the right to claim unfair dismissal (after one year’s employment)
  • protection from discrimination

or harassment on grounds of sex, race, disability, religion, sexual orientation or age.

 

THE COST

An employee who is dismissed without notice can claim pay and benefits for the notice period. If the dismissal was unfair, the employee can claim further compensation of up to £70,000. Damages for discrimination or harassment are uncapped, and include an award of between £500 and £25,000 for injury to feelings.

 

THE MYTH

Employees on long-term sick leave should be left well alone.

THE REALITY

Employers are entitled to find out more information about the illness. This would include consultation with the employee and, with permission, writing to the employee’s GP (and any specialist) to find out about the employee’s condition, the prognosis and whether there is anything that the employer can do to help facilitate their return (for example, reduced hours). In addition, the employer may want to invite the employee to be examined by an independent specialist.

THE COST

An employee who is on long-term sickness absence may be protected under employment law as a disabled person (whether the illness is physical or mental). A disabled employee who is unjustifiably dismissed, or otherwise unfavourably treated, can claim unlimited compensation, including a component for injury to feelings of between £500 and £25,000. The employee may also have an unfair dismissal claim, with compensation of up to £70,000.

 

THE MYTH

You can sack an employee on the spot for gross misconduct.

THE REALITY

Employers planning to dismiss an employee for misconduct should always follow a fair procedure, even if serious misconduct is suspected. This involves investigating the situation fully, giving the employee a chance to respond to any allegations and allowing them to appeal the dismissal. In addition, if any aspect of the dismissal process began before April 6, 2009, the employer must follow a set statutory minimum procedure, which requires the employer to set out the alleged misconduct in writing, invite the employee to a meeting to discuss it and give the employee a chance to appeal. Failure to follow the statutory dismissal procedure where it applies makes the dismissal automatically unfair.

THE COST

Employees with at least a year’s service who are dismissed without a fair procedure could claim unfair dismissal and seek compensation of up to £70,000.

 

THE MYTH

You can dismiss an employee who is 65 without claims.

THE REALITY

Employers are allowed to retire an employee at or above 65 (or the employer’s normal retirement age if this is later). But to avoid claims, employers must follow a statutory retirement procedure. This means they should notify the employee in writing six to 12 months in advance of their retirement and tell them that they can ask to work for longer. If the employee does ask to work beyond the retirement date, the employee has to consider the request seriously and meet with the employee to discuss it.

THE COST

If the employer does not go through all these steps, the employee will have an age discrimination claim, where the compensation could be unlimited, and an unfair dismissal claim with compensation of up to £70,000.