Common Recruiter Questions

Q: What is the maximum amount which an employment tribunal may award for a claim of breach of contract?
A: £25,000 (16th August 2012)

Q: Who has the 'right to be accompanied' at disciplinary/grievance hearings (Employment Relations Act 1999) is available to?
A: All workers

Q: What is the qualifying period of employment necessary to exercise the right to request flexible working arrangements for parents of young children?
A: 26 weeks (16th August 2012)

Q: What is the maximum amount which an Employment tribunal may award in case of disability discrimination?
A: Unlimited

Q: Under the Employment Act 2002, what is the period of paid paternity leave that working fathers are legally entitled to?
A: 2 weeks

Q: An employee of ours has been with us for just over five years. What is the minimum period of notice to which s/he is entitled?
A: 5 weeks

Q: The maximum compensatory award which an employment tribunal may order for unfair dismissal is:
A: £72,300 (1st February 2012)

Q: Where is the European Court of Justice?
A: Luxembourg

Q: How many weeks of paid holiday are workers entitled to in the UK?
A: 4 weeks

Q: Where an application for 'flexible working' is received, the employer must hold a meeting with the requesting employee within what period?
A: 5.6 weeks/28 days for those working 5 days a week full time (16th August 2012)

Q: What is the current weekly rate of Statutory Maternity Pay?
A: First 6 weeks at 90% of average gross weekly earnings, remaining 33 weeks at the lower of either the standard rate of £135.45, or 90% of your average gross weekly earnings (April 2012)

Q: What is the current statutory sick pay rate?
A: £85.85 Weekly rate for full time workers (April 2012)

Q: What is the current statutory paternity pay rate?
A: £135.45 or 90% of average weekly earnings if this is less (April 2012)

Q: What is the current statutory adoption pay rate?
A: £135.45 or 90% of average weekly earnings if this is less (April 2012)

Q: What is the national minimum wage? (1st October 2011)
A: £6.08 - the main rate for workers aged 21 and over 
    £4.98 - the 18-20 rate
    £3.68 - the 16-17 rate for workers above school leaving age but under 18
    £2.60 - for apprentices under 19 or 19+ in their first year

Q: What is the entitlement for rest breaks for employees?
A: It is a minimum of 20 minutes break if a worker is required to work more than six hours at a stretch. Workers below 18 years but above the school leaving age are entitled to a minimum of 30 minutes break of working for more than four and a half hours. (16th August 2012)

Q: How long is it before an employee can claim unfair dismissal?
A: For employees starting new employment on or after 6 April 2012 the qualifying period for the right to claim unfair dismissal is two years. For those before 6th April 2012 it remains unchanged at 12 months. (April 2012)

Q: How long is it before an employee is entitled to claim redundancy pay?
A: An employee can claim redundancy pay after two years of continuous service. Note that service is not counted below that age of 18 years of age. (16th August 2012)

Q: What is the youngest age a company can employ a person?
A: 13 years of age, not including roles which need a performance license and chaperoning and at limited hours only

Q: Do I have to let my staff have time off to attend funerals?
A: Employees have the right to unpaid leave to deal with a family emergency which would cover if they were a relative charged with dealing with a death and the arrangement of a funeral. 'Reasonable time' is to be agreed between employee and employer.

Q: If an employee has been summoned for jury service. Do you have to pay them?
A: No, an employer must provide the required time off but the employee is can claim allowances towards loss of pay.

Q: What rights do employees have on bank holidays?
A: Any right to time off or extra pay on bank holidays depends on the terms of an employee's contract of employment. Even when entitlements of this nature are not explicitly written down, they may sometimes be incorporated by custom and practice.

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