Quick Answers to Common Questions

  • Do I have to work overtime? Your contract of employment should state whether overtime is voluntary or compulsory. If it is compulsory, it should be included in your contract. Even so, your employer cannot force you to work more than an average of 48 hours per week unless you have opted out in writing.

  • Can I be fired while on sick leave? Yes, it is possible to be dismissed while on sick leave, but your employer must follow a fair process and have a valid reason (e.g., you are no longer capable of doing your job). If your sickness is related to a disability, you have strong protections under the Equality Act, and dismissing you could be discrimination.

  • Can my employer change my contract? Your employer cannot normally change your contract without your agreement. If they do, it could be a breach of contract. They must consult with you first. If they force a change on you, you may be able to resign and claim constructive dismissal.

  • What is the minimum notice period? If you have worked for your employer for between one month and two years, the statutory minimum notice period is one week. After two years of service, it is one week for every full year you have worked, up to a maximum of 12 weeks. Your contract may specify a longer, more generous notice period.

  • What is a "Without Prejudice" conversation? This is an "off-the-record" discussion aimed at settling a dispute (like agreeing on an exit package). The "Without Prejudice" rule means that, in most cases, the conversation cannot be used as evidence in a future tribunal claim.