Top 10 Employment Law FAQs Answered by Our London Team

Our London-based employment law specialists are often asked similar questions by employee clients navigating workplace challenges. We have compiled answers to 10 of the most frequently asked employment law questions raised by employees.

What is a probationary period and what rights do I have during it?

A probationary period is a period at the start of an employee’s employment during which time they are assessed by their employer. Following successful completion of this period the employee will be notified that their employment will be made permanent.

Even during probation, you are entitled to core legal rights. This includes protection from discrimination, the right to minimum wage, holiday entitlement, and a safe working environment. Currently, even though this will change in 2026, you do not have full protection from unfair or constructive dismissal until you have completed two years of service.

At present there is no legal definition or right to a probation period, however, it is typical for this to be included in an employment contract and usually the notice period will be less during probation period.

Can my employer change my contract without my consent?

Your employer should consult you before making any significant contractual changes, such as altering your pay, hours, or job duties, however, they can change it without your consent.

Imposing significant changes without agreement could constitute a potential breach of contract or if an employee has two years of service they might resign and pursue an unfair dismissal claim.

How much notice do I have to give or receive?

An employee to an employer:

• Employees with continuous employment of at least one month (but less than two years) are entitled to at least one week’s notice from their employer.
• Employees with two years’ continuous employment or more are entitled to one week’s notice for each complete year, up to a maximum of 12 weeks’ notice.

An employer to an employee:

• No notice is required if the employee has continuous employment is less than one month.
• One week’s notice from the employer must be given to the employee if they have worked for the employer for more than one month but less than two years.
• Two weeks’ notice from the employer must be given to the employee if they have worked for the employer for more than two years.
• The notice period increases by a week for every year of the employee’s service after the first two years, up to a maximum of 12 weeks’ for 12 years’ or more service.

Both employer and employee:

If an employee’s contract agrees a longer notice period, then this will take precedence over the statutory minimum notice, however, a contract cannot imply a shorter notice than the statutory minimum notice.

What counts as unfair dismissal, and how can I challenge it?

Claims for unfair dismissal can only be brought in an employment tribunal by an employee that has two full years of service (although this is soon to be changing as a result of the Employment Rights Bill).

To succeed in a claim of unfair dismissal an employee must establish that they were dismissed by their employer for a reason that is not fair. There are a number of fair reasons for dismissal including:

• Capability
• Conduct
• Redundancy
• Breach of statute
• Some other substantial reason

Dismissal will be automatically unfair if the employee is able to show that the reason or principal reason for dismissal was one of a list of special reasons, including pregnancy, reasons relating to health and safety and whistleblowing.

If you wish to challenge what you consider is an unfair dismissal you can do the following:

1. Follow your employer’s internal appeal process to appeal your dismissal.
2. Contact ACAS to initiate early conciliation.
3. Submit a claim to the employment tribunal.

What compensation can I get for unfair dismissal?

Compensation for an unfair dismissal is split into two categories. The basic award (calculated in the same was as statutory redundancy pay) and the compensation award (encompassing your financial loss as a result of your dismissal)

Example of calculating basic award:

• Employee’s age: 45
• Length of service: 22 years
• Gross weekly pay: £300

They are entitled to:

• 1 and a half week’s pay x 4 = £1,800 (for the 4 full years they were aged 41 or over) + 1 week’s pay x 16 = £4,800 (for 16 of the 18 full years they were aged 22 to 41)
• They do not get anything for 2 of the years they worked, because the maximum statutory redundancy pay is capped at the last 20 years
• In total, they’re entitled to £6,600 statutory redundancy pay

Example of calculating compensatory award (using the employee’s details above):

Loss of earnings (note that there is a statutory cap of 52 weeks) £283.68 (net weekly pay) x 52 weeks (the amount of time it takes the employee to find a new job) = £14,751.26

This amount can be subject to deductions, for example:

• Failing to mitigate your loss by not looking for another job
• Polkey reduction – this is where the tribunal finds that a dismissal was unfair but that you would have been dismissed fairly in any event
• The employees failure to follow the ACAS Code of Practice
• Contributory fault

This amount can also be subject to increases, for example:

• If you did not have a written statement of particulars of employment
• The employer’s failure to follow the ACAS Code of Practice

What is workplace discrimination?

Discrimination in the workplace is when an employee is treated less favourably than another employee, due to a protected characteristic. There are a number of protected characteristics under the Equality Act 2010, these are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

There are four types of discrimination:

• Direct discrimination– less favourable treatment directly due to a protected characteristic.
• Indirect discrimination– when an employer has a practice, criteria or provision that it applies to a group of employees but those with a protected characteristic are put at a disadvantage.
• Harassment– unwanted or offensive behaviour related to a protected characteristic.
• Victimisation– negative treatment as a result of making a discrimination or harassment complaint.

Is my employer allowed to monitor my emails or internet usage?

Yes, but only if it’s proportionate and part of a clear workplace policy. Monitoring must respect your privacy rights and comply with data protection legislation such as the UK GDPR.

Can I be dismissed while on sick leave?

Yes, but only in fair and limited circumstances. Employers must consider the nature of the illness, the likelihood of recovery, and whether any adjustments can be made. If you are disabled under the Equality Act, additional protections may apply.

What is a settlement agreement and should I sign one?

It is a legally binding agreement between an employee and employer to resolve a dispute or to terminate employment. A settlement agreement sets out the agreed terms between the parties, and can often be used in redundancy situations or where there is a dispute between an employee and an employer.

Settlement agreements can be dealt with directly between an employee and an employer, or can often arise as a result of ACAS conciliation. If you reach a settlement with your employer/employee via ACAS you will enter into a specific settlement agreement known as a COT3.

How long do I have to bring a claim to an Employment Tribunal?

In most cases, you have three months less one day from the date of the dismissal or discriminatory act. Before submitting a claim, you must go through ACAS Early Conciliation, which can extend the deadline slightly.

Specialist employment law experts

If you are facing challenges at work or need expert advice, our experienced employment solicitors in London are here to help. Whether it’s reviewing a settlement agreement, raising a grievance, or exploring a potential claim, we provide clear, practical guidance tailored to your situation.

Get in touch with a London solicitor

Call us today on 01202 525333 or email employment@ellisjones.co.uk to speak to one of our experts.