 | Work FAQs |
 | Can an employer stop you having a relationship with another employee? |
My employer has taken umbrage about me and another colleague having a relationship that's now five-years-old. We've worked for the company for 39 years and 17 years respectively. The general manager claims he has only just found out and will not tolerate this behaviour in the workplace. It's not a secret that we have a relationship, nor does this affect our work because we're both very professional in work time. The manager says one of us will have to move to a different location. Is this fair, other managers that have been with the company have accepted that we're in a relationship. I'm at my wits end, other people in the same grades are allowed to have relationships but since we're managers we're not allowed! Please tell us where we stand in the eyes of the law. Name withheld  | Your letter raises two issues. |
As to whether your employer can stop you having a relationship with your colleague, the answer to this one is no. Your employer can't do this if, as you say, your relationship isn't having a detrimental effect on your work. The second issue is whether your employer can move either of you to a different location. The answer to this will depend on the terms of each of your contracts. Is there a 'mobility clause' in either of your contracts, permitting the employer to change your place of work? If there isn't, then your employer will be in breach of contract in asking you to move and you'll be justified in refusing to do so. 
| Work rights for wheelchair users |
I've been turned down for a job because I'm in a wheelchair. What are my rights? SK | You may have a claim under the Disability Discrimination Act. |
An employer discriminates against a disabled person if, for a reason relating to their disability, the employer treats them less favourably (without justification) than a person to whom that reason doesn't apply, for example, an employer won't employ a wheelchair user because of access difficulties. The act also requires employers to take positive steps in certain circumstances to accommodate the requirements of individual disabled job applicants and employees (for example, by making adjustments to premises, acquiring or modifying equipment). The Disability Rights Commission has a website which you might find useful to obtain more information. You could also go to your local Citizens Advice Bureau to obtain further advice as to whether or not you have a potential claim under the act. (You'll find their details in your telephone directory.)
| I was unfairly dismissed, what can I do?
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I was sacked about one month ago and have now decided to seek some legal advice. I don't believe I was treated fairly by the manager. Is there anything I can do? Do I have any rights? What's the next step? NL, London | It's difficult for us to be able to say whether you have any claims against your former employer.
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Since October 2004, there is a statutory disciplinary and dismissal procedure that employers should follow to try to avoid a dismissal being unfair. In your particular case though, we really don't have enough information to advise you. For example, did your employers have a 'fair' reason to dismiss you, and/or did it act reasonably in all the circumstances? We'd, therefore, advise you to go along to your local Citizens Advice Bureau where someone will take details of your case and be able to give you advice. As you have only three months to bring a claim for unfair dismissal, it's important that you act quickly, otherwise you may find you're out of time to bring that claim. (You'll find the phone number for your nearest Citizens Advice Bureau in the Yellow Pages.)
| My employer says when a bank holiday falls on a working day that a mandatory day's holiday will be taken from our annual leave. |
My employer has just informed all staff by a memo that when a bank holiday falls on a working day, a mandatory day's holiday will be taken from our annual leave. Please can you inform as to whether this is legal, even though no new contracts have been issued or any warning given to any employee. Name withheld | We would advise you to read your contract of employment to see what it says regarding holiday entitlement. |
When you started work, you should've been given what's called a 'written statement of terms', setting out the most important terms of your contract (including holiday entitlement). If it says, for example, '20 working days paid annual leave (in addition to the usual public holidays)', your employer will have committed a breach of contract by altering your holiday entitlement. We would advise you to seek further legal advice concerning your potential claims in such a case.
| My former employer is withholding my wages. What rights do I have? |
I've worked for a home improvements company for two weeks, after which time I left as I wasn't happy there. They're now withholding my wages for a further two weeks, when their contract clearly says that I'd be paid on the third week, which they're refusing to do. What rights do I have? JB, Harrogate | Without seeing your contract of employment it's impossible to advise you properly. |
Clearly you're entitled to wages for the two weeks you've worked, but we wonder what, if any, notice of termination you gave your employer? Normally employees are expressly required by their contract to give a minimum period of notice, for example, a week. If you didn't give the appropriate notice to your employer, it would be entitled to deduct wages for that period from the remuneration you had earned to cover any losses resulting from your breach of contract.
| What are the current maternity pay rights? |
Some people say it's 18 weeks at 90 per cent and others say it's six weeks at 90 per cent. I have also been told it's 12 weeks at the low limit of £60 a week. SR, Stone | A woman on maternity leave is entitled to receive statutory maternity pay. |
This is paid by her employer who recoups it from the revenue. It's paid for a maximum period of 26 weeks and a woman can choose when to start receiving it. The earliest it can start, however, is in the 11th week before the week the baby is due, and the latest is on the day after the baby is born. It's subject to tax and National Insurance. Statutory maternity pay isn't payable for any week in which a woman is at work. Statutory maternity pay is presently set at 90 per cent of the woman's salary for the first six weeks and 20 weeks thereafter at £106 a week (from April 2005). A woman who doesn't qualify for statutory maternity pay, because she hasn't paid adequate National Insurance contributions, may be entitled to maternity allowance.
| Who's responsible if my husband has an accident at work? |
My husband is self-employed and works on a contract basis in a factory. In the event of my husband having an accident at the factory, who's legally responsible? Or, if my husband was responsible for an accident, who'd be legally responsible? SR, Birmingham | If your husband sustains injury in the factory because of the state of the premises, he may have a claim against the company that owns the factory. |
This comes within the area of law known as occupiers' liability. As a general rule, however, he'd have to prove that the company was at fault. If your husband had an accident at the factory caused by the carelessness of one of the employees in the factory, then, again, he might have a good claim against the company which owned the factory. If your husband was responsible for an accident, then he'd be legally liable for any resulting injury or damage if the accident was caused by his negligence. For this reason, he should make sure he has adequate insurance against such liability. The content supplied on this page is based on the law applying on 25 April 2006. Please consult your own lawyer for further information regarding your rights.
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