Did you know that the average employment tribunal award for unfair dismissal stands at just over £12,000, with some awards reaching six figures?

If you’re the owner of an SME without a HR specialist on your team, chances are you don’t. While you probably already know that it’s within your interests to understand the fundamentals of employment law, a cursory Google search or conversations with peers isn’t always sufficient. There’s a big possibility that the information you’ve picked up isn’t all that accurate - especially with how quickly employment law changes.

With this in mind, let’s debunk some of the biggest myths and misconceptions that surround employee rights in the UK.

Myth: If an employee has been working at your company for less than 2 years, you can dismiss them at any time.

Reality:

While employees cannot claim unfair dismissal unless they’ve been working at a company for more than 2 years, there are exceptions to the 2 year rule. For example, they can claim for discrimination at work if they believe they’ve been sacked due to their race, age, gender or other factors.

Employees can also potentially claim for wrongful dismissal, which is typically where employers fail to give the correct amount of statutory or contractual notice.

Myth: During probationary periods, employees have fewer rights.

Reality:

Employment law doesn’t recognise probationary periods, so an employee’s start date is the same day as the start of their probationary period. Additionally, when workers are on probation, you cannot starve them of their statutory rights; they’re entitled to the same rights as a standard employee.

This means that once employees have been working at your company for a month, you cannot dismiss them on the spot - they must receive at least a week’s notice.

Myth: Employers must give employees paid compassionate leave.

UK employees are entitled to a “reasonable” period of compassionate leave following the death of a “dependant”. This leave is unpaid, unless otherwise specified in an employer’s compassionate leave policy.

Employers do not need to grant compassionate leave after the death of a non-dependant, such as a friend or a sibling who didn’t live with the employee.

In any case, it’s always a good idea to have a compassionate leave policy in place to avoid disputes during these difficult periods.

Speak to Our Employment Law Specialists

Need help navigating the tricky field of employment law? PJE Solicitors can help. Our employment law specialists are available to help break down difficult legal concepts in an accessible manner in order to give you a better understanding of your rights. We can help with everything from discrimination at work to unfair dismissal and contracts, so get in touch for more information today.