Guide to Employment Rights

Compensation Limits

The maximum amounts which might be payable for dismissals after
1st February 2012

Redundancy

Statutory Redundancy Payment

£12,900

Unfair Dismissal

Basic Award	£12,900
Compensatory Award	£72,300
Additional Award	£10,400 – £20,800 (i.e. 26 to 52 week’s pay)

Discrimination

Race	No Limit
Sex	No Limit
Disability	No Limit

Dismissal (i)
Union / Employee Representative or Pension Trustee reasons

Basic Award	£12,000 (Minimum £5,300)
Compensatory Award	£72,300

Dismissal (ii)
Health & Safety Representative

Basic Award	£12,000 (Minimum £5,000)
Compensatory Award	No Limit

Dismissal (iii)
For making a Protected Disclosure

Basic Award	£12,000
Compensatory Award	No Limit

ACAS Code of Practice
(From 6th April 2009)

Unreasonable failure to comply

0 – 25 % increase

Consultation

Failure to consult with staff prior to a business transfer	13 weeks’ pay
Failure to consult with employees regarding ‘large scale’ redundancies	90 days’ pay

Breach of Contract Claim in a Tribunal

Maximum Award

£25,000

Sickness Payments

Statutory Sick Pay

The following information relates to the standard rate that an Employee may receive in the form of Statutory Sick Payments (SSP).

In order to be eligible for SSP, Employees must have been sick for at least 4 days in a row (including weekends and Bank Holidays) and earn, before Tax and National Insurance contributions are deducted, an average of £95.00 per week.

Employees must also work for their Employer under a Contract of Service.

SSP is not paid for the first three days of work missed through sickness.

In addition, an Employer may provide additional, contractual, sick pay to the Employee if so provided in the Terms of Employment.

From 3 April 2011 (with proposed changes for 9/4/2012)

Current Rate	£81.60 a week
(Proposed 9/4/2012	£85.85 a week)
Duration	Maximum of 28 weeks in any 3 years

Parental Entitlements

As at 3rd April 2011 (with proposed changes for 9/4/2012)

There are a variety of parental entitlements, some of which are subject to sufficient continuous service, and/or notice, by the Employee.

1. Maternity
26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave (total 52 weeks).

Pay: 90% of average weekly earnings for first 6 weeks and then £128.73 a week (proposed 9/4/2012 £135.45) or 90% of average weekly earnings (whichever is the lowest) for remaining 33 weeks (39 weeks in total).

2. Paternity
One or two weeks’ leave

Pay: 90% of average weekly earnings or £128.73 (proposed 9/4/2012 £135.45), whichever is lowest.

Additional Paternity Leave
As at 03 April 2011

26 weeks additional paternity leave (minumum 2 weeks and maximum 26 weeks)

Note
Father only entitled if mother has returned to work befre using full 52 week entitlement. It works by enabling the transfer of outstanding maternity leave to the mother’s spouse or partner. It must be taken at least 20 weeks after birth and must end before the child’s first birthday.

3. Adoption
26 weeks’ ordinary adoption leave and 26 weeks’ additional adoption leave.

Pay: 90% of average weekly earnings or £128.73 (proposed 9/4/2012 £135.45), whichever is lower, for 39 weeks.

Note
If the Employee is not entitled to Statutory Maternity Pay, then she may be entitled to Maternity Allowance. An application will need to be made by the Employee to the Job Centre.

National Minimum Wage

The following information relates to the standard rates of National Minimum Wage for Employees in the standard age ranges (per hour):

From 1st October 2010

Workers aged 21 and above	£5.93
Workers aged 18—20	£4.92
Workers aged 16—18	£3.64
Apprentices under 19, or those aged 19 and
above and in the first year of apprenticeship	£2.50

From 1st October 2011

Workers aged 21 and above	£6.08
Workers aged 18-20	£4.98
Workers aged 16-18	£3.68
Apprentices under 19, or those aged 19 and
above and in the first year of apprenticeship	£2.60

Annual Leave Entitlement

The following information relates to Employees’ minimum leave entitlements under the Working Time Regulations 1998.

These should be pro-rated for those who work less than a 5-day week.

From 1st April 2009 5.6 weeks (28 days)

This includes an increase by the Government to include a statutory right to be paid leave for Bank and Public holidays.

The following are not entitled to the increase in annual leave entitlement: people working in sea fishing, merchant shipping, mobile workers on inland waterways, workers in Northern Ireland and the self-employed.

There are currently 8 permanent Bank and Public Holidays in Great Britain:

1. New Year’s Day
2. Good Friday
3. Easter Monday
4. May Day
5. Spring Bank Holiday
6. Late Summer Bank Holiday
7. Christmas Day
8. Boxing Day

In 2012 there will be an additional Public Holiday on Tuesday 5th June to celebrate the Queen’s Diamond Jubilee.

An Employer may grant an Employee more than the Statutory 28 days’ annual leave as part of the Employees’ Terms of Employment.

Contact Us

To discuss, without obligation, how we can help, contact the employment team at our Orpington office:

THOMAS DUNTON SOLICITORS

217—219 High Street, Orpington, Kent, BR6 0NZ

Tel: 01689 822554
Fax: 01689 839327
DX: 31614 Orpington

Email: employment@thomasdunton.co.uk

Freephone Employment Advice Line:
0800 358 2757

Rates change regularly.
Please feel to contact us for an update, or for specialist advice, tailored to you.