EMPLOYMENT LAW
SGS 1 Employment Status
1. Will the working time apply?
If the person in question is an employee, then the WTR will apply.
2. How many weeks of paid annual leave is worker entitled to?
A worker is entitled to 5.6 weeks (or 28 days) paid annual leave each leave year. Reg.
13 and Reg. 13A WTR
3. what does the Working Time Regulations say about accrual of leave when on sick
leave?
The WTR is silence on whether a worker accrues holiday whiles on sick leave.
4. What was the holding in Stringer v HMRC?
The ECJ held that a worker accrues leave whiles on sick leave. Subsequently the
House of Lords held that, the WTR should be interpreted as allowing workers to take
paid statutory holiday during periods of long-term sick leave.
5. Can an employer pay an employee in lieu of permitting him/her to take annual
leave?
Reg 13(9)(b) states that leave may not be replaced by a payment in lieu except
where the worker’s employment is terminated.
6. What are the remedies for breach of WTR?
The worker can bring a claim in the employment tribunal to seek declaration and just
and equitable compensation. Reg. 30 WTR.
7. What is the number of hours a worker can worker in a week?
A worker is to work no more than 48 hours per week over a reference period of 17
weeks. under Reg. 4 WTR.
8. How many hours of rest is an individual expected to take in each 24-hour period?
An individual is expected to take 11 uninterrupted rest in each 24-hour period during
which he works for the employer under Reg. 10(1).
9. How many hours of rest is an individual expected to take in each seven-day
period?
An individual is expected to take 24 uninterrupted rest in each seven-day period
during which work is done for the employer under Reg. 12(1) WTR.
10. What rest period is a worker entitled to after each six hours of work?
An individual is entitled to 20 minutes rest after six hours of work under Reg. 13(1).
11. What remedies are available for breach of Reg. 4 (48-hour week)?
A breach of reg. 4 could lead to a criminal sanction under Regulation 29.
, 12. What remedies are available for breach of Reg. 10, 11 and 12?
a claim in the employment tribunal to seek declaration and just and equitable
compensation. Reg. 30 (1) and (3), WTR.
SGS 3: WRONGFUL DISMISSAL
CHECKLIST
1. Employee?
2. Dismissal? Can be actual or constructive
3. Breach of contract by employer?
- In case of actual breach, look for a breach of the notice (or PILON) provision of
the contract: e.g. – no notice/insufficient notice/ early termination of FTC which
has no “break” (i.e. notice) clause
4. Employers’ defence? (i.e. any gross misconduct by the employee which could justify
summary dismissal?)
5. Remedy? – Damages
6. Quantum? – starting point = net loss of salary and other contractual benefits for the
notice period/ remainder of the FTC
Calculation of schedule of Loss (Assuming the employee does not secure another
position)
Number of months left x any amounts the employee would have received had he not been
wrongfully dismissed.
Eg. If net salary is £5000 and the employee has 12 months of his fixed term contract left;
you will multiply £5000 x 12 to give you total money to be received by the employee.
Where the employee secures another position, his net salary is only lost for the
months he didn’t have any job. Eg. He lost his job in June when he had 18 more
months left on his contract but secured a job starting in September, his net salary
will be lost for two months; ie. July and August.
So, when calculating you will multiply his net salary by those 2 months first then if
his new position pays lower than his old position, you multiply the difference by 16 months.
Eg. £5000 x 2
£1,500 (the difference between old and new salary) x 16
SGS 1 Employment Status
1. Will the working time apply?
If the person in question is an employee, then the WTR will apply.
2. How many weeks of paid annual leave is worker entitled to?
A worker is entitled to 5.6 weeks (or 28 days) paid annual leave each leave year. Reg.
13 and Reg. 13A WTR
3. what does the Working Time Regulations say about accrual of leave when on sick
leave?
The WTR is silence on whether a worker accrues holiday whiles on sick leave.
4. What was the holding in Stringer v HMRC?
The ECJ held that a worker accrues leave whiles on sick leave. Subsequently the
House of Lords held that, the WTR should be interpreted as allowing workers to take
paid statutory holiday during periods of long-term sick leave.
5. Can an employer pay an employee in lieu of permitting him/her to take annual
leave?
Reg 13(9)(b) states that leave may not be replaced by a payment in lieu except
where the worker’s employment is terminated.
6. What are the remedies for breach of WTR?
The worker can bring a claim in the employment tribunal to seek declaration and just
and equitable compensation. Reg. 30 WTR.
7. What is the number of hours a worker can worker in a week?
A worker is to work no more than 48 hours per week over a reference period of 17
weeks. under Reg. 4 WTR.
8. How many hours of rest is an individual expected to take in each 24-hour period?
An individual is expected to take 11 uninterrupted rest in each 24-hour period during
which he works for the employer under Reg. 10(1).
9. How many hours of rest is an individual expected to take in each seven-day
period?
An individual is expected to take 24 uninterrupted rest in each seven-day period
during which work is done for the employer under Reg. 12(1) WTR.
10. What rest period is a worker entitled to after each six hours of work?
An individual is entitled to 20 minutes rest after six hours of work under Reg. 13(1).
11. What remedies are available for breach of Reg. 4 (48-hour week)?
A breach of reg. 4 could lead to a criminal sanction under Regulation 29.
, 12. What remedies are available for breach of Reg. 10, 11 and 12?
a claim in the employment tribunal to seek declaration and just and equitable
compensation. Reg. 30 (1) and (3), WTR.
SGS 3: WRONGFUL DISMISSAL
CHECKLIST
1. Employee?
2. Dismissal? Can be actual or constructive
3. Breach of contract by employer?
- In case of actual breach, look for a breach of the notice (or PILON) provision of
the contract: e.g. – no notice/insufficient notice/ early termination of FTC which
has no “break” (i.e. notice) clause
4. Employers’ defence? (i.e. any gross misconduct by the employee which could justify
summary dismissal?)
5. Remedy? – Damages
6. Quantum? – starting point = net loss of salary and other contractual benefits for the
notice period/ remainder of the FTC
Calculation of schedule of Loss (Assuming the employee does not secure another
position)
Number of months left x any amounts the employee would have received had he not been
wrongfully dismissed.
Eg. If net salary is £5000 and the employee has 12 months of his fixed term contract left;
you will multiply £5000 x 12 to give you total money to be received by the employee.
Where the employee secures another position, his net salary is only lost for the
months he didn’t have any job. Eg. He lost his job in June when he had 18 more
months left on his contract but secured a job starting in September, his net salary
will be lost for two months; ie. July and August.
So, when calculating you will multiply his net salary by those 2 months first then if
his new position pays lower than his old position, you multiply the difference by 16 months.
Eg. £5000 x 2
£1,500 (the difference between old and new salary) x 16
