Employment Law - FAQs
Here our Employment Law Group respond to some Frequently Asked Questions:
Q. What is the National Minimum Wage?
A: National Minimum Wage rates (as of 1 October 2011) in respect of age bands are as follows:
- Age 21+: NMW £6.08 (the age at which an individual becomes entitled to the main rate was reduced from 22 to 21 on 1 October 2010)
- Age 18 - 20; NMW £4.98
- Age 16 - 17; NMW £3.68
- Apprentice: £2.60 - the apprentice rate, for apprentices under 19, or 19 or over and in the first year of their apprenticeship (an apprentice minimum wage rate was introduced from 1 October 2011 for the first time)
Q. How much is statutory sick pay?
A: Statutory sick pay is currently set at £81.60 and is not scheduled to increase this year.
Q. What us the maximum term to receive sick pay?
A: The maximum entitlement for sick pay is 28 weeks.
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Q. How much is Statutory Maternity Pay?
A: Statutory Maternity Pay is 90% of the individual's average weekly earnings for the first 6 weeks, and for 33 weeks thereafter, the lesser of 90% of average weekly earnings or £128.73, which increased in April 2011.
Q. Is there a statutory payment for those adopting children?
A: Yes. On the same terms as Statutory Maternity Pay.
Q. What is the maximum Statutory Adoption/Maternity Pay period?
A: 39 weeks.
Q. How is an Employee's Statutory Notice calculated?
A: The Employment Rights Act 1996 states that an employee shall receive one weeks' notice if he/she has been employed by the employer for more than one month and up to two years; two weeks' notice if the employee has been continuously employed for more than two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of twelve years.
Q. Is the employee still entitled to receive his notice payment if he/she is to leave without working their notice?
A: If an employee leaves his/her employment without working their notice they may be in breach of contract and if so the employer will be under no obligation to make any payment in respect of the statutory notice.
Q. What is the minimum statutory holiday entitlement for 2011?
A: The holiday entitlement for a full-time employee is 28 days or 5.6 weeks, which can include statutory holidays.