There are many commonly held versions of the application of employment law which are simply not true. It is very important that these nuances are ironed out if employers are to correctly navigate their employee issues. In the first of a series, here are 3 employment law urban myths.
The 10 keeping-in-touch days for employees on maternity, adoption or additional paternity leave are prorated for part-time employees
The legislation does not make provision for the 10 keeping-in-touch days to be pro-rated for part-time employees. For example, an employee who normally works only a three-day week is still entitled to 10 keeping-in-touch days.
An employee does no
t begin to accrue service for the purpose of statutory rights until completion of any probationary period
Probationary periods have no legal definition, so the existence of a probationary period will not affect a new employee’s length of service or statutory employment rights. Statutory rights, including the right not to be unfairly dismissed, that are dependent on a minimum period of service will be based on length of service from the employee’s original start date, not from the date that marks the end of the probationary period.
An employee with short service can be dismissed for any reason
It is true that an employee who started after 6th
April 2012 and has less than 2 years’ service is deemed as short service and cannot make a general unfair dismissal claim. However, there are over 30 employment issues where an employee with under two year’s service can make an unfair dismissal complaint. For example, these include all forms of discrimination, dismissal for asserting a statutory right or in connection with their trade union membership.