Nicholas Frimond Clears up the Myths Surrounding Holiday Entitlement

When it comes to our holiday entitlement, the British Public are surprisingly uneducated when it comes to how much they are actually legally entitled to. Most people, if you ask them, would be able to tell you that the entitlement is roughly around three weeks, but even then a fair portion of them would not be able to give you a specific number of days they are entitled to, and would not be able to get into the finer details of the legal rules of holiday entitlement.

This is something that both employers and employees have to know. If you are an employee, you need to know how many you are entitled to and the laws surrounding it in order to ensure that your rights are catered to and that your boss doesn’t ever try to take advantage of you. For an employer, the knowledge is also vital, as, if you are unclear on the laws, then it could lead you into trouble; it could undermine your position of authority with your employees, or even in extreme cases lead to legal action.

So what do you need to know? The first thing you need to know is that nearly all (check with government sources for exceptions) employees are entitled to 5.6 paid weeks holiday per year (known as statutory leave entitlement or annual leave). The major exception to this rule is the self-employed, who make their own decision on their own holiday entitlement. 

However, this rule means that when you are working a five day week, as is standard for the majority of employees in Britain, you get 28 paid leave days per year. This is because to calculate this you multiply the 5.6 figure by the five days you work a week. This means that for the vast majority of workers the figure is 28 days. 

When it comes to the part time employed, the rules slightly differ. They are still entitled to the 5.6 minimum week’s entitlement; however this can amount to fewer holiday days as it goes through the calculation of 5.6 multiplied by the number of days you work. For example if you worked three days and did the calculation you would be entitled to 16.8 days holiday. There is also a legal limit on statutory paid holiday entitlement, it is capped at 28 days; notably staff working six days a week would not be able to get more than 28 days even though the calculation would give them 33.6 days. 

However it’s time to decode another myth. Many people think that this number does not include Bank Holidays. This legally is at the employers discretion. They can choose to make bank holidays a part of the legal holiday day entitlement if they so wish, although some employers choose not to and have them as extra holiday days. It’s entirely up to the employer. On that note an employer can offer extra leave, but again the employer is not legally entitled to do so, it is at their discretion. 

It should be noted that every employee is entitled to annual holiday leave and if you have more questions around this complex area of employment law professionals at Nicholas Frimond would be happy to give you a helping hand; to ensure that your rights are being respected and upheld.

Nicholas Frimond Outlines What You Need to Do If You Need To Claim Jobseekers Allowance

With Chancellor George Osborne’s latest plans concerning his intentions for the long term unemployed having been announced yesterday (Monday 30^th September), right now the idea of becoming unemployed is even less attractive to us than it normally is. However, sometimes we have to be realistic. If the worst does happen and you do lose your job, you need to find out what benefits you are entitled to as soon as you can; there’s no point in you languishing without any cash support in hopes you’ll find a job quickly, if we’re being honest, the job market isn’t always that kind these days.

So, if you’re like most of us and you either haven’t ever had to sign on, or you haven’t signed on since your post uni days, when you were green and looking for someone to give you a break, you’ll be a little rusty when it comes to the process, and well, everything’s changed anyway. Things have radically changed over the last few years as technological advances and government initiatives have streamlined the process to save time and money and make the whole thing more efficient.

These days you no longer have to fill in a paper form; the whole process has gone online. If you go onto www.gov.net/jobseekers-allowance you can get instructions on how to start your process, as well as access to the online form. The online form will take you around half an hour to complete and will take you through several areas including your personal details, details of your work history and a benefits calculator for how much you are entitled to.

Once you have completed this form, you will be contacted either by phone or more often these days by text outlining the details for your first appointment at the job centre nearest to you, where you will go to confirm the details of your jobseekers allowance agreement. It is possible that if you have a reason that the jobcentre deems acceptable e.g. you already have an interview that clashes with the appointment time, then you will be allowed to change the appointment, but it has to be an acceptable reason.

Then you get to the appointment. It’s actually a straight forward process. You get to the job centre, you get called over by your appointed adviser, and then they sit you down and go through your jobseekers allowance agreement with you, which outlines your obligations which ensures that you can receive your benefits. This agreement usually concerns the minimum amount of hours that you will spend a week devoting to your job search, and also an agreement to record this job search down either in writing or via an internet programme known as ‘Universal Jobmatch’. Then you sign, and wait until your claim is processed, and then you get your first payment, which is usually backdated to the day you submitted your online form.

None of us want to have to go through something like this, but sometimes it’s a necessary evil and you have to be prepared should the worst happen. If you want to find out more to prepare yourself then Nicholas Frimond would be happy to help.

Nicholas Frimond Sifts through the Myths Surrounding LGBT Rights in UK Employment Law

As far as LGBT Rights enshrined in law are concerned, it might surprise you to learn that they are actually relatively recent in UK legal history. To be gay was actually illegal in the United Kingdom until 1967, when homosexual activity was decriminalised in England and Wales. However, it was still illegal to engage in homosexual acts in Scotland until 1981 and in Northern Ireland until 1982.

From there, the LGBT community wasn’t automatically assigned the same rights and protections that their straight counterparts were. The Thatcher era, which notoriously saw the rise of the AIDS epidemic, saw the enshrining into law of Section 28, a law which was designed to  “not intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship" in 1988. However, the election of Tony Blair’s ‘New’ Labour government, saw a shift in legal activity concerning the LGBT community. Section 28 was repealed in 2003 (except in Scotland, which repealed it in 2000), civil partnerships were legalised in 2005 and only this year equal marriage passed through the Houses of Parliament, becoming officially legal in 2014, making the United Kingdom one of the most advanced countries concerning LGBT legal protections in the world.

Over the past decade one of the major advancements in the protection of the rights of the LGBT community is in employment law. The first protections in employment law for the LGBT community were introduced in 2003, however the current, more detailed legislation, the one you need to know about, is the Equality Act 2010, which, in a nutshell, pretty much is a piece of legislation designed to protect the rights of workers; to stop them being discriminated against by their sexual orientation, gender, race age etc.

When it comes to what the Equality Act 2010 says, it basically says that an employer cannot refuse a job, promotion or any training opportunity to an employee on the basis of their sexual orientation. To put this into perspective, if an employee has the right skills and fits the job description, but the employer doesn’t offer them the job because of their sexual orientation, then they are in breach of the Equality Act 2010. It also illegal for an employer to discriminate against you if you are heterosexual and you choose to associate with somebody from the LGBT community.

When it comes to actual work, the Act is also very clear on this. An employer cannot treat an LGBT employee differently from their co-workers, or offer different employee benefits. It is also illegal, under the act, as well as the earlier 2003 Act, to terminate an LGBT person’s contract based on their sexual orientation. This is only a brief overview of your most basic rights as an LGBT person in the work place; if you want a more comprehensive description then Nicholas Frimond would be happy to help. 

Exploring the Italian Concept of Masculinity

You have to keep yourself up to date with what’s going on in the world, after all if I don’t keep myself up to date with what’s going on how am I ever going to be able to do my job; how am I ever going to be able to help people with their employment issues if I don’t know what’s going on with employment law, or what the government’s latest employment initiatives are. That’s why I often find myself on the BBC website. The BBC is one of the best, least biased news sources in the world and if you want news that’s as honest as it gets (at least in mainstream media), then the BBC is the way to go.

When I was on there yesterday I saw a little editorial about how the Economic downturn had affected Italian men. Curious, I clicked on it and what I read was actually rather illuminating. The whole article centred around how Italian men who have mistresses on the side, and there are many such men, are facing hardship because they can no longer afford to wine and dine their mistresses. For anybody who’s unclear on why this is so unique for the men of the Italian nation, over there cheating isn’t just something that men keep on the down low, it’s a whole culture. Successful men are almost expected to have mistresses. It’s pretty much a status symbol and the rate of divorce in Italy is ridiculous. One of its premier cities, Milan, is even known by the somewhat dubious title ‘Cheating Capital of the World’.

This article, which actually made me laugh out loud at the idea that the economic downturn has actually lowered the Italian divorce rate, not due to love, but due to the fact that divorce is big money over on the Italian peninsular, got me thinking. Why is there this strong culture of masculinity over in Italy. It’s something that’s present the world over, but in most western countries it seems to have somewhat mellowed out with the onset of the modern era and most notably feminism.

One reason could be the Catholic Church. The Catholic Church is notorious for its attitudes towards women and promotion of male dominance. Religion is something that isn’t easy to let go of, it’s something you have ingrained into you over many years. Notably, the Catholic probably has a stronger presence in Italy, its historic home, than in almost anywhere else in the world.

Another reason for this masculine culture could be down to Italy’s mafia culture. Crime syndicates have a notoriously masculine character. They’re all about male codes of honour and protecting women, even as a man dies. The mafia is notoriously linked to Italy, especially in its southern reaches; it’s embedded into its very culture. Could this be the reason why men act the way they do in Italy.

We’ll probably never be able to answer that question; it probably could be put down to a number of factors. However at Nicholas Frimond we can certainly say it makes for fascinating reading. 

How to Recognise Unfair Dismissal

It’s the working Briton’s worst nightmare to be put into a situation where they could face dismissal. At the end of the day our employment is essential to keeping up our lifestyles and supporting our families. That is why losing your job can be disastrous. Most of the time, there is a clear cut reason behind this dismissal, and you have no choice but to swallow this most bitter of pills.

However, it’s not completely unheard of for an employee to be dismissed without a significant reason. If you are put in this position then you need to know whether you can take legal action against your employer. According to UK law you can take action against your employer if you are unfairly dismissed. However, in order to take action you have to know the criteria for unfair dismissal. What are the reasons and employer can’t give if they wish to give you the sack?

There are two clear cut situations where it is automatically seen as unfair dismissal. The first of these is if your employer doesn’t give a reason for dismissing you; after all, these things have to be stated, every employee has the right to know why they are being dismissed. The second of these is if the dismissal, for whatever reason, has not followed the company in questions formal disciplinary or dismissal process; after all these processes are put in place to ensure that all employees are treated equally, therefore not following them would suggest that you are not being treated equally.

However, these aren’t the only indicators of unfair dismissal; these are just the most certain to indicate that you have a case. There are many other factors that if you have been dismissed could indicate unfair dismissal. The first of these is if you’ve recently requested flexible working hours; some employers would rather get rid of you than deal with it. Another is if you’ve refused to give up your legal working rights (e.g. taking a break); employers would see you as obstinate and unwilling to conform. Another is if you’ve recently joined a trade union; trade unions are notorious for causing employers trouble and some employers would prefer not to deal with them. Another could be if you’ve taken time off for jury service; some employers see it as being lazy and slacking off.

At the end of the day these and the other reasons that could indicate unfair dismissal are reasons because the employer is not allowed to use them to dismiss you, it is against the law to do so. If you find yourself being unfairly dismissed, do not let the employer intimidate you, come to Nicholas Frimond to find out more about your employment rights.

Exploring Up and Coming European Cities

We at Nicholas Frimond love a good city break. When you get the chance to take a break away from your hectic life and have a weekend away, where do you think of going. Most people, if asked which cities they would choose to take their weekend breaks in would give the stock answers such as Paris, Rome, Barcelona, Amsterdam and in recent years Prague. Whilst these cities certainly have a lot to offer, they hardly provide anything new. Everyone knows about the Eiffel Tower, everybody knows about the Coliseum etc. Why not go down a different route, why not be a real explorer and explore pastures new.

Europe is the most historically and culturally rich region in the world. There isn’t a city on the continent that doesn’t have a history; a story to tell, and the more neglected cities are great places to go if you want to find something new, something authentic that has yet to be touched by the monster that is the mass tourism industry. Look at Prague for instance. Before the fall of the communist regime it was practically deserted by western tourism, however over the last two decades, Prague has transformed itself into one of the most visited cities in Europe. All it took was Prague’s own beauty as a city and that drew people to it. Here are a few European Gems that are only just beginning to be discovered, that you just have to explore for yourself.

Budapest, Hungary

Capital city of former Eastern Bloc nation Hungary, Budapest stands smack bang on the banks of Europe’s second largest River, the Danube. Culturally the centre of Hungary, even when it was in a personal union with the crown of Austria (Austria-Hungary), Budapest is actually made up of what were originally two separate towns, Buda and Pest, sitting on opposite sides of the Danube. It’s rich Habsburg history has leant a majestic presence that can only be rivalled by neighbouring Vienna, with a whole host of churches, palaces and museums for you to visit. It’s situation on the Danube ensures there are always plenty of river cruise opportunities to boot. 

Sarajevo, Bosnia & Herzegovina

Anybody who knows their history knows why Sarajevo is one of the most historically significant cities in Europe. In 1914 Austro-Hungarian Archduke Franz Ferdinand, heir to the Imperial throne, was assassinated by Serbian activist Gavrillo Princip, this is the event that triggered World War One. This alone makes Sarajevo a must see. However, aside from that the Bosnian city has recovered from its past troubles and is becoming a booming centre of tourism, with fine restaurants and a whole host of monuments. A particular highlight is the old town.

Hamburg, Germany

Germany’s second largest city, Hamburg, as far as tourism goes, has often stood in the shadow of the nation’s capital, Berlin. Both historically and culturally rich, Hamburg is the city that saw the infamous set by the Beatles that started them on their rise to stardom; you can even take the Beatles Tour! Aside from that, Hamburg is a rich port city with a whole host of restaurants, bars and clubs to while away the hours in. With everything from traditional German food to modern cuisine on the menu, it’s a city you’ll have no trouble getting lost in!

These are just three of the many up and coming European cities that make fantastic tourist destinations. If you want something new, something to bring a touch of excitement to your city break, why not go off the beaten track?

Nicholas Frimond - Right To Ask for Flexible Working Hours.

Modern life can be so hectic. Between juggling work, social commitments, the need to keep on top of household chores etc., everything can build up. At this point, for one reason or another, you might believe that you are legally entitled to flexible working time. However, this isn’t an automatic right, only certain people, with certain obligations, are entitled to the right to request flexible working hours. First note that any request for flexible working hours can only be made of an employer after you have worked for them for at least 26 weeks.

Primarily the people in the best position and fully protected legally to request flexible working hours are parents. Specifically this concerns parents of a child under 17 (18 if your child has a disability). However, if you are asking for flexible working hours because you are a parent, you must be the person responsible for your child on a day to day basis.

You also have the right to request flexible working hours if you are caring for an adult. This would, for example, be if you are caring for an adult with an illness or disability. If you are caring for an adult, said adult has to legally be one of the following; your husband, wife, civil partner, partner,  family relative (mother, father, brother, sister, grandfather, grandmother etc.) or someone who isn’t related to you but lives at the same address.

As far as the technicalities of requests go, if you fall under the criteria you can make one request per year, which has to be in writing. In your written request you should outline how you think your change in work pattern will affect your employer’s business and how it will all actually work in practice.

The key thing to note here is that if you fall under these criteria, you are only automatically entitled to request flexible working hours; the employer isn’t legally obligated to grant it. However, employment law states that when a request for flexible working hours is put forward by an employee who falls under the above criteria, an employer MUST give it serious consideration and can only turn it down for a good business related reason. If your employer turns down your request, they must follow standard procedure and turn it down in writing, in which they must state their reasons and you are also entitled to a meeting when your request is being turned down.

You also have the right to appeal if your request is turned down. This again must be done in writing and within 14 days of receiving the written version of your employer’s decision. You should outline the reasons you are appealing and make sure your appeal is dated, to prevent any confusion on when it was lodged. 

For more information or contact details, please visit http://www.nicholasfrimond.co.uk