By Nichola Upperton-Evans

Given that most of the UK’s adult population are either employers or employees you would be forgiven for thinking that everyone would have a basic understanding of employment law. But how many people have a real grasp of the rules that govern working relationships?

Fewer than you might think, warns employment law expert Nichola Upperton-Evans from law firm Rowe Cohen. She offers this checklist for uncertain bosses and workers.

One HR ‘Brownie Point’ for every correct answer.

Unfair dismissal compensation

From 1 February 2004 unfair dismissal and redundancy compensation was marginally increased.

Question(a) Was the weekly pay limit increased to
1. £270?
2. £295?
3. £327?

Question (b) was the upper limit increased to
1. £53,500?
2. £55,000?
3. £65,000?

Discrimination

It is illegal to discriminate against people on the grounds of their race, colour, and sex. In addition, from December last year it was deemed illegal to discriminate against them on other grounds.

Question (c) Were these ‘other’ grounds

1. their religious beliefs?
2. their nationality?
3. their country of origin?
4. their sexual orientation?
5. their criminal record?

Grievances and discipline

Question(d) To reduce the risk of being deemed unfair when dismissing an employee, must employers

1. Give six weeks notice in writing?
2. Give three weekly verbal warnings?
3. Give three weekly written warnings?
4. Include details and descriptions of disciplinary procedure and grievance channels in all employees’ contracts of employment and adhere to them?
5. Offer a fair voluntary redundancy package?
6. Give two weekly verbal and one written warning?

Flexible working

Question (e) Do employees with a clear responsibility for raising a child under the age of six (or eighteen if the child is disabled) have the right to ask their employer to seriously consider a request for more flexible working hours?

Yes/No?

Question (f) If ‘yes’ must the employer then change the working hours (or give a reasonable written explanation why this has not been done) within six weeks or face the possibility of seeing the case brought before an Employment Tribunal?

Yes/ No?

Question(g) To qualify for flexible working rights, must the parent/carer must have clocked-up?

1. three months (13 weeks) service?
2. six months (26 weeks) service?
3. twelve months (52 weeks) service?

Maternity

Question (h) How long is Ordinary Maternity Leave?
1. 13 weeks (extended from 12 weeks)?
2. 18 weeks (extended from 12 weeks)?
3. 26 weeks (extended from 18 weeks)?
4. 52 weeks (extended from 26 weeks)?

Question (i) Is Additional Maternity Leave

1. 26 weeks, running from the end of Ordinary Maternity Leave?
2. 13 weeks running from the end of Ordinary maternity leave?
3. 10 weeks running from the first month of a second or subsequent pregnancy?

Question(j) To qualify for Additional Maternity Leave is it necessary to have worked for the same employer for:
1. A qualification period of one year?
2. The six months (26 weeks) leading up to the 25th week of pregnancy?
3. The nine months (39 weeks) leading up to the 12th week of pregnancy?
4. The twelve months (52 weeks) leading up to the 9th week of pregnancy?

Question(k) Is the Statutory Maternity Pay entitlement period now
1. 13 weeks?
2. 26 weeks?
3. 39 weeks?

Question(l) How much is Statutory Maternity Pay between the seventh and twenty- sixth week
1. The lessor of £75.50 and 90% of average earning per week
2. The lesser of £102.80 and 90% of average earning per week?
3. The lessor of £125.95 and 90% of average earning per week?
4. The lessor of £150.45 and 90% of average earning per week?

Paternity

Question(m) From April last year:

Do new fathers have the option of taking 1 or 2 consecutive weeks off as Paternity Leave within

1. eight weeks (56 days) of the child’s birth?
2. ten weeks (70 days) of the child’s birth?
3. eighteen weeks (126 days) of the child’s birth?

Question(n) To qualify for Paternity Leave, the employee must have clocked-up

1. six months (26 weeks) service?
2. twelve months (52 weeks) service?
3. eigthteen months (78 weeks) service?

Question(o) Is Statutory Paternity Pay

1. The lesser of £102.80 and 90% of average earnings per week?
2. The lesser of £125.25 and 90% of average earnings per week?
3. The lesser of £150.50 and 90% of average earnings per week?

Answers

(a) £270, (b) £53,000, (c) 1 and 4, (1 point each). (d) 4, (e) Yes, (f) Yes, (g) 2, (h) 3, (i) 1, (j) 2, (k) 2, (l) 2, (m) 1, (n) 1, (o) 1,

Score rating
16 Points – Excellent
12 Points – Exceptionally good
10 Points -Very good
8 Points – Rusty
6 points – Very rusty
Less than 4 Points – Go back to business college!

“I think most employers who don’t have a specialist HR department – and employees for that matter – would struggle to answer these questions correctly,” says Nichola Evans.

“There is plenty of fine print, of course. If you find yourself in a situation where you are unclear about employment provisions, seek professional help from a employment solicitor or your trade union.”