Employment law myths that damage the workplace

Employment law is an ever-changing and complex field that is often misunderstood by employers and employees alike. From misconceptions about employee rights to confusion over proper procedures, such misunderstandings can lead to costly legal disputes and workplace tensions.

Debunking some of the most common mistakes and hopefully setting the record straight should avoid problems for employers and employees alike.

An employment contract must always be in writing to be legally binding

It surprises many that an employment contract can be verbal or implied, as well as written; however, a legal requirement exists that employers provide certain written terms and conditions no later than the first day of employment. Employers often fulfil this obligation by providing a written employment contract that can include the necessary details, such as hours of work, pay, benefits and obligatory training.

If an employee is on probation, they can be dismissed without notice

While employees on probation may face easier dismissal compared to those who have been with a company longer, they are still entitled to receive notice pursuant to the terms of their contract of employment. However, the statutory minimum notice for employees who have less than one month’s service is currently nil. Therefore, if contracts are drafted in line with statutory notice requirements then, technically, an employee in their probation period with less than one month’s service can be dismissed without notice.

Employers must always give one month’s notice to terminate an employee’s contract

The required notice period is determined by the employment contract or statutory law. While some contracts may stipulate one month’s notice, the minimum statutory notice period is based on the length of service and is as follows:

• One week’s notice for employees who have been employed for less than two years, but more than one month.
• One week for each year of service after two years, up to a maximum of 12 weeks for employees with 12 years’ service or more.

Employees who have been employed for less than two years have no unfair dismissal rights

While it is generally true that employees with less than two years’ service typically do not have the right to claim unfair dismissal, important exceptions exist.

Employees can claim automatic unfair dismissal if the reason for dismissal relates to pregnancy or childbirth, health and safety concerns, taking time off for dependants, whistleblowing, or asserting a statutory right. This list is not exhaustive.

However, it is worth noting that under the Employment Rights Bill, the Government has proposed a significant change to make the right to claim unfair dismissal a day-one right, meaning all employees would be able to claim unfair dismissal from the start of their employment, regardless of length of service. This change is not yet in effect, but if enacted it would mark a major shift in employee protections, making it essential for employers to stay informed about any updates.

Employees who resign voluntarily are not entitled to claim unfair dismissal

Employees who resign may be able to claim constructive dismissal if they feel forced to leave their job due to their employer’s actions, such as a breach of contract or creating an intolerable work environment.

In such cases, resignation is seen as a form of dismissal initiated by the employer’s conduct and, as such, the employee can look to bring a claim of constructive unfair dismissal. Ordinarily, an employee will need to have more than two years’ service to bring a claim; however, as noted previously, some with less than two years’ service can bring a claim for unfair dismissal.

Suspension is mandatory when investigating an allegation of gross misconduct

While suspension should be reserved for cases of gross misconduct, not every case of gross misconduct will call for suspension.

Suspension may be necessary if:

• A genuine concern exists that the employee’s continued presence could pose a risk to the organisation, other employees or clients.
• A risk exists that the employee may hinder the investigation by tampering with evidence or intimidating witnesses.
• A significant breakdown has occurred in the working relationship between the employee and their manager or team. Sometimes, alternatives to suspension can be considered that will not necessarily prevent a dismissal on grounds of gross misconduct.

Zero-hour contract employees have no employment rights

Employees on zero-hour contracts still have a wide range of employment rights, including the right to receive the National Minimum Wage, protection against discrimination, sick pay (if they qualify) and entitlement to annual leave. Their hours of work are not guaranteed, which can affect their income and job security.

Zero-hour employees are still technically part-time employees. As such, they are afforded protection against discrimination on account of their part-time status; in other words, they have the right not to be treated less favourably than their full-time counterparts.

However, matters are slightly different regarding zero-hour workers rather than zero-hour employees, as they are seen differently by the law.

Employers can terminate an employee’s contract if they have been off sick for an extended period

While it may be possible to dismiss an employee for long-term sickness, it must be handled carefully. No definitive timescale exists for triggering a dismissal, and these situations must be assessed on a case-by-case basis. Dismissing an employee due to illness can lead to claims of unfair dismissal and discrimination if the employee is protected under the Equality Act 2010 (for example, if the illness constitutes a disability).

Employers should consider alternative options, such as adjustments or redeployment, before pursuing dismissal.

Employers can select part-time employees for redundancy before full-time employees

Employers cannot discriminate against part-time employees in redundancy situations. Redundancy must be based on objective criteria such as skills, experience or business needs, and part-time employees should be treated equally to full-time employees.

Employers should ensure that the redundancy process is fair and transparent, avoiding any discrimination based on part-time status.

All employees are entitled to a statutory redundancy payment

Only employees with at least two years of continuous service are entitled to statutory redundancy pay.

If an employee unreasonably refuses suitable alternative employment offered to them, they may forfeit their right to statutory redundancy pay.

• Vet Times (2025), Volume 55, Issue 12, Pages 16-17