Lawyer Destroyer This is a common concern and the answer has a few layers to it. General position: There is no general legal obligation on an employer in England and Wales to provide a reference for a current or former employee. In most cases, an employer can simply decline to give one. This is well established as … Read more
This is a common concern, and the legal position in England and Wales is more nuanced than many people realise. The general position: There is no general legal obligation on an employer to provide a reference at all, unless the contract of employment or a settlement agreement requires one. Many employers choose to give only … Read more
This is a question that comes up very frequently, and the answer has some important nuances. Legal position on covert recordings in England and Wales: There is no general criminal law prohibition against secretly recording a conversation to which you are a party. You are not committing a criminal offence by pressing record on your … Read more
This is a question that comes up more and more frequently, and the short answer is yes, in many circumstances your employer can discipline you for something you posted online outside of work, but whether they can do so lawfully and fairly depends on a number of factors. Legal position: There is no general right … Read more
This is a question that comes up frequently and the answer depends on several overlapping factors including the nature of the device, the employer's policies, the content of the messages, and the circumstances prompting the investigation. Legal framework: The key legal provisions are the Human Rights Act 1998 (which gives effect to Article 8 of … Read more
This is a common question and the answer depends on several factors, but the general position is quite well established. General legal position: In most cases, yes, you should continue to be paid your normal salary during a period of suspension from work. This is particularly so where the suspension is imposed by the employer … Read more
This is a common concern and the answer depends on the circumstances, but the short version is that your employer generally should tell you the reason for a suspension, even if they do not have to give you every detail immediately. Legal position: There is no single statutory provision that deals with workplace suspension in … Read more
This depends on the context, so let me cover the main situations. Employment context: If you have received a disciplinary warning at work, whether verbal, written, or final written, you generally have a right to appeal. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, an employer should provide the right to appeal … Read more
This is a common and understandable concern. The short answer is that there is no absolute legal rule preventing an employer from issuing a written warning, but there are important standards they should meet, and a warning issued without any proper basis can have real consequences for the employer later on. Legal position: Employment law … Read more
This is a common question and the answer is nuanced. The short answer is yes, in many circumstances an employer can hold a disciplinary meeting while you are off sick, but there are important limits on how and when they can do so. Legal position: There is no blanket legal rule in England and Wales … Read more
Right to be accompanied at a disciplinary meeting: Yes, you have a statutory right to be accompanied at a disciplinary hearing. This right is set out in section 10 of the Employment Relations Act 1999. Who can accompany you: Under the statute, you are entitled to choose a companion who is either a fellow worker … Read more
This is a common and frustrating situation. There are several layers to consider, both in terms of what your employer should be doing and what practical steps are open to you. What your employer should be doing: Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, your employer is expected to deal with … Read more
Hello! I am Gemma, a legal assistant here at Lawyer Destroyer. I am so sorry to hear you are dealing with this. I would be glad to help you understand your options. Yes, you absolutely have the right to raise a grievance about bullying by your manager. If you are being treated badly at work, … Read more
Hello there. I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to help you with this. The short answer: Yes, you potentially can. While having a child is not automatically protected on its own, refusing a flexible working request related to childcare very often leads to a claim for indirect … Read more
Hello there. I am Gemma, your friendly legal assistant here at Lawyer Destroyer. Congratulations on your new addition, and I am very happy to help you understand your rights about returning to work. The short answer is yes, your employer can refuse your request for part-time hours, but they cannot just say no out of … Read more
Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I am sorry to hear you are having a difficult time at work. To give you a clear and simple answer right away: no, your employer is not legally allowed to treat you badly simply because you asked to work from home. Legal … Read more
Hello there. I am Gemma, a legal assistant at Lawyer Destroyer, and I would be happy to help you with this. Dealing with a rejected flexible working request can be really disappointing, but you do have options. The short answer: Yes, you can almost always appeal, and your employer should give you the opportunity to … Read more
Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to explain how flexible working requests work in England and Wales. The short answer is yes, your employer can refuse your request, but they cannot do it simply because they do not like the idea. They must rely on one of … Read more
Hello! I am Gemma, a friendly legal assistant who works for Lawyer Destroyer. I am happy to explain where you stand on this. The short answer: No, you cannot be legally punished or treated unfavourably for taking time off for dependants, as long as you have followed the rules for taking it. Employment law in … Read more
Hello there! I am Gemma, a friendly legal assistant from Lawyer Destroyer. Childcare falling through can be incredibly stressful, so I am happy to help clear up what your rights are at work. The short answer is yes, you can take time off, but the exact type of leave depends on whether this is an … Read more
