EMPLOYMENTlaw
Top ten
employment myths
Can Sir Alan really do that to his Apprentice?
Mistaking a myth for reality could cost you
thousands of pounds. Anna West and Adam Rice
guide you through the employment law minefield
ere we highlight ten common permission, writing to the employee’s GP
H
•
protection from discrimination or
employment myths and look harassment on grounds of sex, race, (and any specialist) to find out about the
the reality behind each myth disability, religion, sexual orientation employee’s condition, the prognosis and
and the potential cost of getting or age. whether there is anything that the
it wrong. employer can do to help facilitate their
The Cost: An employee who is dismissed return (eg reduced hours). In addition, the
The Myth: Asking about family without notice can claim pay and benefits employer may want to invite the employee
plans at a job interview is illegal for the notice period. If the dismissal was to be examined by an independent
The Reality: It is not illegal to ask about a unfair, the employee can claim further specialist. Employers should not make any
candidate’s family, or plans for one, at a job compensation of up to around £70,000. decision about dismissal until they have
interview. However, recruiters should tread Damages for discrimination or harassment explored the situation fully.
carefully. If an employer refuses to employ are uncapped and include an award of The Cost: An employee who is on
someone because of their family duties, £500 to £25,000 for injury to feelings. longterm sickness absence may be
this would be sex discrimination, and the protected under employment laws as a
candidate could use the interview The Myth: Employees have no right disabled person (whether the illness is
questions as evidence to support their case. to notice during their probationary physical or mental, eg depression).
Instead, questions should objectively relate period. A disabled employee who is unjustifiably
to the job requirements and should be The Reality: After one month’s dismissed, or otherwise unfavourably
asked of all candidates, for example, if they employment, all employees are entitled to treated, can claim unlimited compensation,
would be okay with travelling away from at least one week’s notice (even if the including a component for injury to
home or performing regular overtime. contract provides for less). This minimum feelings of £500 to £25,000. The employee
The Cost: A sex discrimination claim notice period increases by one week for may also have an unfair dismissal claim
could be quite costly with compensation each full year of service, to a maximum of (with compensation of up to around
being uncapped and including a 12 weeks. However, if the contract £70,000).
component for injury to feelings of provides for more than the minimum
between £500 and £25,000. Aside from the notice then the longer contractual period The Myth: Employees can only
financial costs, any claim involving sex will apply. claim harassment if offensive jokes
discrimination is potentially damaging to The Cost: Employees who are dismissed are directed specifically at them.
an employer’s reputation. without notice can claim pay and benefits The Reality: An employee who is
for the notice period (except in cases of offended by jokes or office banter about
The Myth: Employees have no gross misconduct). sex, race, sexuality, religion, or age, can
rights without a written claim harassment, even if the jokes or
employment contract. The Myth: Employees on long-term banter were not directed at them. It is
The Reality: Even without a written sick leave should be left well alone. irrelevant whether or not the perpetrator
contract, employees have certain legal The Reality: Although employers should meant to cause offence – it is the
rights including: not put undue pressure on employees who employee’s individual perspective that
•
minimum notice (after one month’s are on long-term sick leave, they are matters. Employers are liable for
employment – see below); entitled to find out more information harassment by their employees at work
•
the right to claim unfair dismissal about the illness. This would include and at work-related events off site (eg an
(after one year’s employment); consultation with the employee and, with office party or team building event).
20 JULY-AUGUST2009 PROPERTYdrum
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