Employees

MCP Solicitors' Employment lawyers understand that the law and potential conflict can be very daunting, especially when it involves your employment and working conditions.

You can feel that you are very much alone. Our Employment lawyers will provide you with clear, uncomplicated, practical advice to try to achieve the best resolution for you as amicably as possible.

Must my Employer provide a written contract?

It is not compulsory for an Employer to provide a full blown written Employment contract - however your Employer must provide a written statement of certain main terms and conditions within two calendar months of an Employee starting work.

It is however best practice for them to provide a contract. It is of course beneficial to both Employer and Employee to know where they stand and what they are entitled to expect.

If I haven't signed a contract could I still be bound by it?

Even if you haven't signed a contract provided by your Employer you may be bound by it. An Employee can be deemed to have accepted a contract or changes to an existing one if their Employer has told them about the changes and the Employee has continued working without challenging it.

If I am off sick because of an accident at work, must my Employer still pay me in full?

Simply because the accident happened at work there is no automatic entitlement to be paid in full. Nearly all Employees are entitled to Statutory Sick Pay but your Employer is under no obligation to make up any shortfall unless your Employment contract gives you a right to additional sick pay. Thus, each case is likely to be different.

If you have had an accident at work then you may be able to make a claim for compensation and recover lost wages if your Employer or a fellow Employee was at fault. If you want more details on this please visit our Dispute Resolution pages.

If I have a valid sick note can my Employer still dismiss me?

An Employee can still be dismissed even if they have a valid sick note. However, your Employer will have to follow certain procedures and probably obtain some medical advice before being able to dismiss.

If I am paid monthly must my Employer give me one month's notice?

There are laws about how much Notice you must be given. Whilst your Employment contract may increase this minimum requirement it cannot reduce it.

After one month's service an Employer must give an Employee at least one week's notice.

This increases to two weeks after two years, three weeks after three years and so on to a maximum of twelve weeks.

As an Employee unless your contract says otherwise the only statutory requirement is that after one month's service you must give at least one weeks notice.

If my Employer only employs one or two people does he still have to comply with Employment regulations?

Whilst there are a few Employment regulations that are dependent on the number of Employees the vast majority are not. If you think your Employer is trying to avoid implementing regulations on this basis you should seek advice as the chances are they should be complying with them.

How can I pay my legal fees?

We are aware that the question of legal fees can be particularly worrying at a time when your Employment may be at risk. Therefore, our Employment lawyers will discuss at the outset the potential costs and the best way for these to be funded. In certain circumstances we may be able to offer a No Win No Fee type of agreement.

What you can be sure of is that we will be upfront and honest about potential costs so that there are no hidden surprises and you can make a fully informed decision.

For more information please contact Paul Garner on 01945 428008.