Employment law
5 most common employment questions, answered by experts.
Our employment law experts answer your most common employment questions.
It is common to have questions around your employment, whether that’s about parental leave, redundancy or exploring your contract. To help ease the confusion around the many unanswered questions you may have, our employment law experts have answered the top 5 most common employment questions.
My contract does not cover maternity leave. Is this an issue?
No, maternity leave and maternity pay, is a statutory right for everyone whether it is on your contract or not. If you have been with your employer for at least 26 weeks (about 6 months) prior to giving them 15 weeks' notice, you are legally entitled to take parental leave and receive statutory maternity pay.
Can I be refused a job because of tattoos and piercings?
In some cases, yes, you can be refused a job. The Equality Act 2010 does not specifically protect people who have tattoos or piercings. This means employers can refuse to employ an individual based on their body art or piercings and can require employees to cover up tattoos or remove piercings while working.
However, in some cases, tattoos or piercings may be related to a protected characteristic, such as when they are connected to an employee’s culture or religion. Where this is the case, refusing to employ a person because of their tattoos may constitute discrimination on the grounds of religion or belief.
It is best to make sure that visible tattoos and piercings are not against your employer’s dress code policy. However, recently, more employers are less likely to discriminate against tattoos and piercings.
Can I be made redundant while I am pregnant?
You cannot be made redundant because you are pregnant. If this happened, you would be able to make a discrimination claim under the Equality Act 2010. However, if other redundancies were being made and you were selected for reasons other than pregnancy or maternity, you could still be made redundant.
Does my employer have to give me time off for medical appointments?
There is no legal right to time off work for a medical appointment. However, employers do have a 'duty of care'. This means they must do all they can to protect their employees' health, safety, and wellbeing at work. Most employers will allow time off if an employee cannot rearrange their appointment, however the time off may be unpaid.
I have been turned down for flexible working. Is there anything I can do?
Every employee with 26 weeks (about 6 months) of service has a right to request flexible working, and every employer must give that request reasonable consideration. Your employer must decide within three months, unless otherwise agreed with you. There may be valid reasons why your employer thinks that flexible working will not work with your role, however, you do have a right to appeal this if you disagree with the reasons they provide.
How can Slater and Gordon help
Slater and Gordon's experienced solicitors are happy to answer your questions on all aspects of employment law. With decades of experience working across all aspects of employment law, we can help with your next steps. Call us on 0330 107 6488 or contact us online.