Recruitment and Pre-Employment

Employment law applies before an employee is hired. Job adverts, recruitment processes and selection decisions must comply with the Equality Act 2010 and must not discriminate against applicants because of a protected characteristic, such as age, disability, sex, race, religion or belief, sexual orientation, pregnancy or gender reassignment.

Employers must use objective, role-related criteria and be prepared to justify decisions. Applicants who believe they have been treated unfairly can raise concerns through ACAS, even if no contract was ever issued.

Where a candidate discloses a health condition or disability, employers should consider whether reasonable adjustments are required to remove barriers to work.

Contracts and Employment Terms

The employment contract begins on the first day of work. All employees must receive a Written Statement of Particulars on or before day one, setting out the key terms of employment.

This includes:

• Job title and place of work

• Pay, hours and holiday entitlement

• Probationary period (if applicable)

• Notice periods

• Sick pay and benefits

• Mandatory training requirements

Clear contracts help prevent disputes and support consistent management decisions.

Statutory Employee Rights

Employees are entitled to a range of statutory rights, including:

• Paid annual leave: 5.6 weeks per year (pro-rated for part-time staff)

• Sick pay: Statutory Sick Pay, subject to eligibility

• Family-related leave: maternity, adoption, paternity and shared parental leave

• Workplace pension: automatic enrolment into a qualifying scheme

• Unpaid dependants’ leave: for emergencies involving family members

These rights apply regardless of length of service, unless specific qualifying periods apply.

Flexible Working and Work-Life Balance

Employees have a day-one right to request flexible working, including changes to hours, working patterns or work location. Employees can make two flexible working requests in a 12-month period.

Employers must follow the statutory process, consult with the employee and make a decision within two months. Requests can only be refused for recognised business reasons.

Probationary Periods

Probationary periods are commonly used but are not a legal requirement. They provide an opportunity for both employer and employee to assess suitability. If a probation period is in place, this should be clearly stipulated in the contract and how long it is for, e.g. 3 months.

Any different terms during probation (such as notice periods or sick pay) must be clearly set out in the contract. Employers should always confirm the outcome of probation in writing to avoid uncertainty.

Managing Performance, Conduct and Absence

Where issues arise during employment, employers must act fairly and reasonably. This includes matters relating to:

• Performance or capability

• Conduct and disciplinary issues

• Sickness absence

• Grievances

Good practice requires clear procedures, proper documentation, the right to representation where appropriate, consideration of reasonable adjustments, and a right of appeal. Employers should follow the ACAS Code of Practice.

Ending Employment

Employment may end through resignation, redundancy, dismissal or the expiry of a fixed-term contract. Dismissals must be for a fair reason and follow a fair process.

Redundancy situations require a genuine business reason, fair selection, consultation and consideration of suitable alternative roles.

Employment Tribunals and ACAS

Employment Tribunal time limits are strict. Most claims must be brought within three months less one day of the relevant event. Before a claim can be made, employees must complete ACAS Early Conciliation.

Supporting Good Employment Practice

Understanding employment law helps line managers make confident decisions, support employees effectively and reduce the risk of disputes. Clear policies, early communication and fair processes are essential to maintaining a healthy and legally compliant workplace.