The Working Time Regulations 1998 The Working Time Regulations 1998 (WTR), implement the provisions of the EC Working Time Directive (WTD). The WTR have been subsequently amended or supplemented on an almost annual basis by domestic regulations. The WTR govern maximum working hours, rest breaks and annual minimum holiday entitlement.
Notice to be given by employers and employees
Either the employee and employer are normally required to give a minimum period of notice on termination of employment. The period of notice required to be given is dependent on the total period of employment.
Notice periods should be one of the main terms and conditions of employment and included in the employee's written statement.
It's always best to write out any form of notice to make it clear it is the termination of employment.
In most cases employees should be paid their normal pay during the notice period.
Normal notice provisions apply when employment is being terminated due to redundancy.
Unfair Dismissal - Key Points
Unfair Dismissal is a statutory claim, unlike wrongful dismissal which is a common law claim.
A dismissal could be unfair if an employer doesn’t:
1) have a good reason for dismissing. 2) does not follow a fair procedure.
If successful, in a claim for unfair Dismissal, a claimant will usually be awarded a basic award (equivalent to a redundancy payment) and an award, the tribunal considers just and equitable, for loss of earning (to a maximum of one year’s pay.
Only in very exceptional cases is the losing party required to pay the other parties’ legal costs.