An employee becomes entitled to statutory rights upon entering into an employment contract without any need for the details of these rights to be written into the contract. Employees should also check the employment contract that may confer certain rights over and above those stated by legislation.
The statutory disciplinary and grievance procedures have now been repealed and in force is a new ACAS Code of Practice on disciplinary and grievance procedures which became effective from 6 April 2009. For further details, see the ACAS Code of Practice on the left for further details.
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Exemptions for small employers – what you should know
When deciding whether a dismissal is fair, the Employment Tribunal is required to take into account the size and administrative resources of the employer. In some cases a very small employer may be allowed more flexibility in the formality of its procedures.
Maternity pay / paternity pay:
If an employer pays less than £45,000 in National Insurance contributions in a tax year, it can recover 104.5% of any statutory maternity pay.
Employers with fewer than 5 employees are not required to provide access to a stakeholder pension scheme.
Employers with fewer than 20 employees are not required to consult with employee representatives about upcoming redundancies.
Health and safety: employers with fewer than 5 employees are not required to prepare a written health and safety policy.
Employers with fewer han 5 employees are not required to keep records under the Fire Safety regulations.
There is no requirement for an employer to recognise a trade union if it has fewer than 21 employees.
Time off for study and training:
There is no right to request time off for study and training if the employer has fewer than 250 employees.