Become a DVSA assessed CBT motorcycle instructor

Overview

You can apply to the Driver and Vehicle Standards Agency (DVSA) to become a DVSA assessed compulsory basic training (CBT) motorcycle instructor.

CBT (compulsory basic training (CBT)) is a training course that most learner motorcycle and moped riders must take before riding on the road.

Rules for becoming a CBT instructor

To become a DVSA (the Driver and Vehicle Standards Agency (DVSA)) assessed CBT motorcycle instructor you must have a driving licence from either:

Great Britain or Northern Ireland

the EU or EEA - but you must register it
 first

You must also:

be 21 or older

have had a full category A2 or A motorcycle licence for at least 3 years

You’ll have to take a 2-day assessment at a DVSA (the Driver and Vehicle Standards Agency (DVSA)) training and development centre.

When you qualify

When you pass you must work for a motorcycle approved training body (ATB) to be able to:

provide the CBT course to learner riders

train up to 10 instructors at the ATB (a motorcycle approved training body (ATB)) to also deliver CBT courses (this is known as ‘down-training’)

apply to become a direct access scheme instructor

How to book your assessment

Fill in the application form to book an assessment and send it to the address on the form. There’s no charge for the assessment.

The Driver and Vehicle Standards Agency (DVSA) will contact you to arrange a date after checking your application.

If you cannot go to your assessment

Tell DVSA (the Driver and Vehicle Standards Agency (DVSA)) by email if you cannot attend your assessment.

You must give at least 5 working days’ notice - Saturdays, Sundays and public holidays do not count as working days.

Your approved training body cannot tell DVSA (the Driver and Vehicle Standards Agency (DVSA)) without giving your signature.

Your application will become invalid and will count as an unsuccessful attempt if you do not tell DVSA (the Driver and Vehicle Standards Agency (DVSA)) in enough time.

You’re only allowed 2 unsuccessful attempts before you have to wait a year before applying to take another assessment.

Preparing for the assessment (your assessment)

Study the compulsory basic training (CBT) syllabus before you take the assessment (your assessment).

Other preparation

You should also study the following official Driver and Vehicle Standards Agency (DVSA) publications:

The Highway Code

Know your traffic signs

Learning to Ride

Riding - the Essential Skills

Theory Test for Motorcyclists

You can buy them from most high street and online book shops.

What to bring to your assessment

You need to bring:

your valid driving licence

your CBT1 card if you have one

a fully taxed, insured and roadworthy motorcycle with a power output of at least 20kW

If you have an EU or EEA licence, you must also bring confirmation of your Great Britain (GB) driver number. You need to register your licence to get a GB driver number.

Your assessment will be cancelled if you do not bring these.

You’re allowed to bring a pen and any notes or training aids to help you.

What the assessment (your assessment) involves

The compulsory basic training (CBT) instructor assessment (your assessment) assesses your ability to:

train learner motorcyclists in the requirements of CBT

train and guide other instructors within an approved training body

There will usually be 2 other instructors taking the assessment (your assessment) at the same time as you.

The DVSA (the Driver and Vehicle Standards Agency (DVSA)) assessor will play the role of a novice rider throughout the assessment (your assessment).

You’ll be asked to deliver lessons based on the topics being assessed. One or both of the other instructors will act as your supervisor. You’ll then swap the roles of the instructor and supervisor.

Eyesight test

You’ll have to pass an eyesight test before the assessment (your assessment) starts. You’ll have to read a number plate from a distance of:

26.5 metres for vehicles with a new-style number plate

27.5 metres for vehicles with an old-style number plate

New-style number plates start with 2 letters followed by 2 numbers, for example AB51 ABC.

The rest of the assessment (your assessment) will not go ahead if you fail the eyesight test (an eyesight test).

Session 1

This session focuses on element A of the CBT syllabus - introduction to CBT.

The DVSA (the Driver and Vehicle Standards Agency (DVSA)) assessor will give you an overview of the assessment (your assessment).

You’ll then deliver a lesson on the modules within element A of the CBT syllabus. You’re allowed to use notes and training aids. The other candidates will watch your instruction and decide whether it’s valid and achieves the objective.

Session 2

This session focuses on element B of the CBT syllabus - practical on-site training.

You’ll be introduced to the motorcycle that will be used on-site. You should familiarise yourself with it so you can give a controls lesson or basic machine check lesson.

The ‘novice rider’ will act on the instruction you give. The other candidates will watch the instruction you give (your instruction) and decide whether it (your instruction)’s a valid lesson and achieves the objective.

Sessions 3 and 4

These sessions (Sessions 3 and 4) focus on element C of the CBT syllabus - practical on-site riding.

You’ll instruct the ‘novice rider’. The other candidates give a debrief at the end of each lesson.

The roles will be changed several times so you can prove your ability as an instructor and supervisor.

Session 5

This session focuses on element D of the CBT syllabus - practical on-road training.

You’ll give a lesson made up of 3 modules from element D. The other candidates will supervise you, and then the roles will be swapped.

Sessions 6 and 7

These sessions (Sessions 3 and 4) focus on element E of the CBT syllabus - practical on-road riding.

You’ll ride a motorcycle and follow the ‘novice rider’ on the road. You’ll have to:

give instructions

correct any faults that they (instructions) make

direct them (instructions) over a route on public roads using radio equipment

You’ll need to use your own motorcycle for sessions 6 and 7 (Sessions 3 and 4).

Your assessment result

You’ll be given your result (Your assessment result) and a debrief at the end of the assessment by the assessor. You’ll be sent confirmation of your result (Your assessment result) by post.

Passing the assessment

You’ll be sent more information about how to apply to the Driver and Vehicle Standards Agency (DVSA) for registration as a DVSA assessed instructor.

Until you’ve got your registration certificate you are not allowed to:

conduct compulsory basic training (CBT) courses

train any instructors on behalf of your approved training body (ATB)

Failing the assessment

You cannot apply to retake the assessment if you fail it (the assessment) twice within a 12-month period. You’ll have to wait until 1 year after the date of the second assessment before applying again.

Failing if you’re a down-trained instructor

You can continue to give CBT training if you’re a down-trained instructor, but you’ll have to have a standards check at your ATB (your approved training body (ATB) in the near future.


Set up and run a motorcycle approved training body (ATB)

Overview

You must be an approved training body (ATB) with the Driver and Vehicle Standards Agency (DVSA) to provide:

compulsory basic training (CBT) for learner motorcyclists

direct access scheme (DAS) training to riders learning to ride a large motorcycle

CBT and DAS training must be given by instructors certified by DVSA (the Driver and Vehicle Standards Agency (DVSA)) working for your approved training body.

The sites you use to provide training from must also be approved by DVSA (the Driver and Vehicle Standards Agency (DVSA)).

The process is different Northern Ireland.

Rules for being an ATB

You must meet certain rules to be an approved training body (ATB) (an ATB).

‘Fit and proper’

You must be a ‘fit and proper’ person to run the ATB (your approved training body).

When deciding if you’re a ‘fit and proper’ person, DVSA (the Driver and Vehicle Standards Agency (DVSA)) will look at if you have:

had any convictions in the last 4 years

any motoring convictions

been disqualified from driving

any penalty points on your licence

any court proceedings pending against you

Training

You must provide compulsory basic training (CBT) as an ATB (your approved training body). Any CBT and direct access scheme (DAS) courses you provide must meet the legal requirements.

The CBT syllabus and guidance notes gives full details on what must be provided.

An instructor is only allowed to supervise up to 2 trainees during on-road tuition.

Your instructors must be in radio contact with all trainees at all times during on-road tuition.

Training sites

You must have the use of a suitable site or sites for training in the off-road parts of the CBT course.

These sites (Training sites) must be authorised by DVSA (the Driver and Vehicle Standards Agency (DVSA)) before they (Training sites)’re used.

Instructors

You must make sure that all your instructors have a valid instructor certificate for the type of training they give. This must show the name of your ATB (your approved training body).

At least 1 of your instructors must have successfully completed DVSA’s (the Driver and Vehicle Standards Agency (DVSA)) assessment course for motorcycle training.

DVSA-assessed instructors are allowed to train other people that you want to appoint as instructors - this is known as ‘down-training’.

You should have at least 1 DVSA-assessed instructor for every 10 instructors that have been down-trained.

Monitoring

You should send all required information about the courses you provide to DVSA (the Driver and Vehicle Standards Agency (DVSA)) including:

reporting any incidents

dates when you’re providing CBT courses

the CBT certificates of completion you issue

The ATB manual gives more details about what you have to send.

Apply to become an ATB

To apply to register an approved training body (ATB), download these 3 application forms, and send them to DVSA (the Driver and Vehicle Standards Agency (DVSA)):

‘Application to provide compulsory basic training (CBT) courses’

‘Compulsory basic training (CBT) site application form’

‘Application to be authorised as a certified motorcycle instructor’

It takes up to 8 weeks to process an application. This includes the time to inspect the site to be used for the off-road elements of compulsory basic training.

Apply for CBT site authorisation

All the sites you intend to use for the practical training and riding elements of the compulsory basic training (CBT) course must be authorised by DVSA (the Driver and Vehicle Standards Agency (DVSA)).

You can’t use a site until you’ve got authorisation from DVSA (the Driver and Vehicle Standards Agency (DVSA)).

Download the compulsory basic training site application form to apply for authorisation.

Send the completed form to DVSA (the Driver and Vehicle Standards Agency (DVSA)). You’ll also need to include a draft plan of the intended site, eg an annotated satellite image.

Site inspection

DVSA (the Driver and Vehicle Standards Agency (DVSA)) will:

inspect the site

send a site report to you

send a unique site code to you if the site is suitable

The site report (a site report) will explain any rules set by DVSA (the Driver and Vehicle Standards Agency (DVSA)). This will include how many trainees are allowed on the site.

You should make sure all your instructors are aware of these details.

Changes to authorised sites

You must tell DVSA (the Driver and Vehicle Standards Agency (DVSA)) straight away if a site is altered or added to.

Download the compulsory basic training site application form (Compulsory basic training (CBT) site application form) and send it (Compulsory basic training (CBT) site application form) to DVSA (the Driver and Vehicle Standards Agency (DVSA)).

You’ll also need to include:

a draft plan showing any changes to the original authorised site

a permission letter signed by the site owner

The site’s authorisation can be removed if it (the site) has become unsuitable.

Stopping using a site

You must tell DVSA (the Driver and Vehicle Standards Agency (DVSA)) straight away if you stop using a site for CBT.

You can email DVSA (the Driver and Vehicle Standards Agency (DVSA)) - you’ll need to include your approved training body number and the site’s (a site) unique code.

Providing the CBT course (the compulsory basic training (CBT) course)

The compulsory basic training (CBT) course is made up of 5 parts.

The course syllabus and the order in which the parts (5 parts) must be delivered is set out in law.

CBT certificate of completion

You must give trainees a CBT certificate of completion (DL196) (CBT certificate of completion) when they reach the required standard.

The certificate (CBT certificate of completion) must be completed and signed by the instructor, usually the one who conducted part E of the CBT course (the compulsory basic training (CBT) course).

The name and address of your approved training body (ATB) should be included on the certificate (CBT certificate of completion).

Ordering DL196 certificates

You can buy books of DL196 certificates online from DVSA (the Driver and Vehicle Standards Agency (DVSA)).

Each book contains 25 certificates and costs £200.

How your ATB is monitored

DVSA (the Driver and Vehicle Standards Agency (DVSA)) monitors the standard of instruction given by:

approved training bodies (ATBs)

instructors delivering compulsory basic training (CBT) courses

You must make your instructors available for regular standards checks.

You should tell your local DVSA (the Driver and Vehicle Standards Agency (DVSA)) CBT manager the dates and times when your ATB will be running CBT courses.

After an assessment

You’ll get a letter of confirmation and report from DVSA (the Driver and Vehicle Standards Agency (DVSA)) after an assessment visit if the training delivered meets the required standard.

DVSA (the Driver and Vehicle Standards Agency (DVSA)) can conduct more assessments if:

the training (the training delivered) falls short of the required standard

there are breaches of regulations

there are reports of failure to follow the conditions of appointment

DVSA (the Driver and Vehicle Standards Agency (DVSA)) will consider withdrawing an instructor’s authority to deliver courses if they fail to achieve the required standard during the subsequent assessments.

DVSA (the Driver and Vehicle Standards Agency (DVSA)) can withdraw your ATB’s authorisation to deliver training courses if assessments show that it (your ATB) doesn’t consistently provide full and proper CBT courses.

Disagreeing with DVSA’s (the Driver and Vehicle Standards Agency (DVSA)) decision

You can appeal to DVSA (the Driver and Vehicle Standards Agency (DVSA)) if you or an instructor disagrees with DVSA’s (the Driver and Vehicle Standards Agency (DVSA)) decision to withdraw their authority.

Documents for ATBs

DVSA (the Driver and Vehicle Standards Agency (DVSA)) produces the following documents for approved training bodies (ATBs).

ATB manual

The ATB manual gives more details about the rules and processes you should follow when you’re running an ATB.

Safe and Responsible Riding

The ‘National standard for riding mopeds and motorcycles’ sets out the skills, knowledge and understanding that learners need to prove they’re safe and responsible riders.

The CBT syllabus and guidance notes (Compulsory basic training (CBT) syllabus and guidance notes) sets out what trainers need to do and what learners need to understand when taking the course.

Direct access scheme (DAS) motorcycle training guidance

The DAS motorcycle training guidance (Direct access scheme (DAS) motorcycle training guidance) sets out what trainers need to do and what learners need to understand when taking the course.

Changes to the CBT syllabus and guidance notes

You can keep up to date with new versions if you sign up for DVSA (the Driver and Vehicle Standards Agency (DVSA)) email alerts.


Become an apprentice

How apprenticeships work

Apprenticeships combine practical training in a job with study.

As an apprentice you’ll:

be an employee earning a wage and getting holiday pay

work alongside experienced staff

gain job-specific skills

get time for training and study related to your role (at least 20% of your normal working hours)

Apprenticeships take 1 to 5 years to complete depending on their level.

Levels of apprenticeship

Apprenticeships have equivalent educational levels.

| Level | Equivalent educational level

Intermediate | 2 | GCSE

Advanced | 3 | A level

Higher | 4,5,6 and 7 | Foundation degree and above

Degree | 6 and 7 | Bachelor’s or master’s degree

Some apprenticeships may also give you an additional qualification, such as a diploma.

Who can start an apprenticeship

To start an apprenticeship, you’ll need to be:

16 or over

living in England

not in full-time education

You can apply for an apprenticeship while you’re still at school but you’ll need to be 16 or over by the end of the summer holidays to start the apprenticeship.

If you need more experience

If you feel you’re not ready for an apprenticeship, a traineeship is a course designed to prepare you for one.

Apprenticeships in Scotland, Wales and Northern Ireland

Different organisations deal with apprenticeships in:

Scotland

Wales

Northern Ireland

What you'll get

As an apprentice, you’ll get:

paid and be entitled to the National Minimum Wage

time for training or study as part of your apprenticeship

holiday pay and other employee rights

Apprentice pay and the National Minimum Wage

There are different rates of pay for apprentices depending on your age and what year of your apprenticeship you’re in.

Your employment contract should confirm your rate of pay.

Aged 16 to 18

The current National Minimum Wage rate for an apprentice is £4.30 per hour.

Aged 19 or over and in your first year

Aged 19 or over and have completed your first year

You’re entitled to the National Minimum Wage or National Living Wage rate for your age.

Check you’re being paid the minimum wage (the National Minimum Wage) with the National Minimum Wage and Living Wage calculator.

Time apprentices are paid for

You must be paid for:

your normal working hours

training that’s part of your apprenticeship (at least 20% of your normal working hours)

study towards English and maths qualifications, if they’re part of your apprenticeship

Your normal working hours should be in your employment contract (this might be your apprenticeship agreement).

There are rules about how many hours you can work in a week and being paid overtime.

If you’re studying for English and maths qualifications which are part of your apprenticeship, your employer should allow you time to study during your normal working hours.

Training

As an apprentice, at least 20% of your normal working hours must be spent on training.

Your training (training) might happen every week, every month or in a separate block of time.

The training (training) might take place:

at your place of work

somewhere else like at a college or training provider

online

Your training provider will be able to tell you when and where your training will be.

Holidays

You’ll get at least 20 days paid holiday per year, plus bank holidays.

Use the holiday calculator to check holiday entitlement for apprentices.

If you’ve been in local authority care

If you’re under 25 when you start your apprenticeship and have previously been in local authority care, you may be eligible for a bursary payment.

Ask your training provider for more information about what you’ll get, if you’re eligible and how to apply.

Help and advice

Your school, college or training provider may be able to give you advice about apprenticeships.

Contact Acas for free and confidential advice on your rights at work.

Contact the Support Service for Apprentices for mental health support and advice.

Apply for an apprenticeship

There are 3 steps to applying for an apprenticeship.

Search for an apprenticeship.

Sign in or create an account.

Complete and submit your application.

The National Careers Service has advice on writing applications and what to do at interviews.

If you’re applying again because you were made redundant from your last apprenticeship, call the Apprenticeship helpline. You can also talk to your training provider.

If you’re unsuccessful

You can ask for feedback if you do not get selected for an interview or for the apprenticeship.

You can complain if you think you were not successful because you were discriminated against, or your treatment in the interview or application process was unfair.


Learner Support

Overview

If you’re aged 19 or over, on a further education course and facing financial hardship, you could get Learner Support.

You apply to your learning provider (for example your college) for Learner Support. How much you get depends on your circumstances.

The money can help pay for things like:

accommodation and travel

course materials and equipment

childcare - if you qualify

What you'll get

Your learning provider (for example, a college) decides how much you get. It depends on their scheme and your circumstances.

How the money is paid

The money could be:

a direct payment to you - which you don’t have to pay back

a loan - which you have to pay back

paid to someone else, for example a landlord

Your learning provider (Your learning provider (for example, a college)) decides how the money is paid to you. It depends on their (Your learning provider (for example, a college)) scheme and what the money is for.

Check with the student support staff at your college or the National Careers Service about other funding you could get.

Eligibility

To get Learner Support you must be:

19 or over

studying at a learning provider funded by the Education and Skills Funding Agency (check with your college)

You must be 20 or over to get help with childcare costs. If you’re 19, apply for Care to Learn instead.

You can apply even if you get other types of funding, for example:

Professional and Career Development Loans

Care to Learn

Disability Living Allowance

Who can’t apply

You can’t claim if you’re:

getting student finance for higher education

on a Community Learning course

How to claim

Apply directly to your learning provider (for example, a college) - they each have their own application process.

Speak to your student support services to:

get help applying

find out what’s available

Appeal a decision

If you’re not happy with the decision about your Learner Support, contact your learning provider to appeal it.


Adult Dependants' Grant

Overview

If you’re a full-time student in higher education and an adult depends on you financially, you can apply for an Adult Dependants’ Grant of up to:

£3,190 for the 2021 to 2022 academic year

£3,094 for the 2020 to 2021 academic year

The grant:

does not have to be paid back

is paid on top of your other student finance

You cannot get an Adult Dependants’ Grant if you’re getting a Postgraduate Loan.

What you'll get

The maximum Adult Dependants’ Grant is:

You do not have to pay this money (The maximum Adult Dependants’ Grant) back.

Adult Dependants’ Grant will affect any income-related benefits and tax credits you might get.

What it (Adult Dependants’ Grant)’s based on

The amount you get depends on:

your income

the adult dependant’s income

your personal circumstances, for example if you’re married or have children

what other grants you’re receiving, for example Childcare Grant

How you’re paid

The money is paid in 3 instalments (one at the start of each term) directly into your bank account.

Eligibility

Usually the adult dependant (an adult) will be:

your husband, wife, partner or civil partner

a relative, such as a parent or grandparent

If you’re under 25, the adult dependant (an adult) cannot be your partner unless you’re married or in a civil partnership.

You’re not eligible if the adult dependant (an adult) is:

your child

a relative who earns more than £3,796 a year

getting student finance

How to apply

Fill in the Adult Dependants’ Grant section on your main student finance application  - you’ll need to give estimates of your household income.

Student Finance England will assess your application and contact you if they need more information.

Student Finance England will send you a letter telling you if you qualify and how much money you’ll get.

Supporting information

Student Finance England may contact you and ask for further information on your financial circumstances. This can include a copy of:

your P60

Child Benefit details

family tax credits details

financial information from your partner, for example bank statements


Repaying your student loan

Overview

You need to pay back:

Tuition Fee Loans

Maintenance Loans

Postgraduate Loans

You do not need to pay back other student finance, for example grants and bursaries, unless you’ve been paid too much.

You still have to repay your student loan if you leave your course early.

When you start repaying your loan and how much you pay depends on which repayment plan you’re on.

This guide is also available in Welsh (Cymraeg).

How to repay

How you repay your loan depends on whether you’re employed or self-employed.

You can make extra repayments in your online repayment account and by card, bank transfer or cheque.

Keep your payslips and P60 for your records - you’ll need them if you want to get a refund.

Sign in

Sign in to your student loan repayment account if you already have one.

Repaying during the coronavirus (COVID-19) outbreak

Read the guidance about repaying your student loan for more information on:

changes in your income

refunds

interest on your loan balance

Which repayment plan you're on

When you start repaying your loan and how much you repay depends on your repayment plan.

There are 4 plans:

Plan 1

Plan 2

Plan 4

Postgraduate Loan

You cannot choose the repayment plan you’re on. If you have more than one loan, they could be on different plans.

Plan 1

You’re on Plan 1 if you’re:

an English or Welsh (Welsh (Cymraeg)) student who started an undergraduate course anywhere in the UK before 1 September 2012

a Northern Irish student who started an undergraduate or postgraduate course anywhere in the UK on or after 1 September 1998

an EU student who started an undergraduate course in England or Wales on or after 1 September 1998, but before 1 September 2012

an EU student who started an undergraduate or postgraduate course in Northern Ireland on or after 1 September 1998

Plan 2

You’re on Plan 2 if you’re:

an English or Welsh student who started an undergraduate course anywhere in the UK on or after 1 September 2012

an EU student who started an undergraduate course in England or Wales on or after 1 September 2012

someone who took out an Advanced Learner Loan on or after 1 August 2013

Plan 4

You’re on Plan 4 if you’re:

a Scottish student who started an undergraduate or postgraduate course anywhere in the UK on or after 1 September 1998

an EU student who started an undergraduate or postgraduate course in Scotland on or after 1 September 1998

Postgraduate Loan

You’re on a Postgraduate Loan repayment plan if you’re:

an English or Welsh student who took out a Postgraduate Master’s Loan on or after 1 August 2016

an English or Welsh student who took out a Postgraduate Doctoral Loan on or after 1 August 2018

an EU student who started a postgraduate course on or after 1 August 2016

When you start repaying

You’ll only repay your student loan when your income is over the threshold amount for your repayment plan. The threshold amounts change on 6 April every year.

The earliest you’ll start repaying is either:

the April after you leave your course

the April 4 years after the course (your course) started, if you’re studying part-time

Your repayments automatically stop if either:

you stop working

your income goes below the threshold (the threshold amount for your repayment plan)

If you have a Plan 1 student loan

You’ll only repay when your income is over £382 a week, £1,657 a month or £19,895 a year (before tax and other deductions).

If you have a Plan 2 student loan

You’ll only repay when your income is over £524 a week, £2,274 a month or £27,295 a year (before tax and other deductions).

If you have a Plan 4 student loan

You’ll only repay when your income is over £480 a week, £2,083 a month or £25,000 a year (before tax and other deductions).

If you’re on a Postgraduate Loan repayment plan

If you took out a Master’s Loan or a Doctoral Loan, you’ll only repay when your income is over £403 a week, £1,750 a month or £21,000 a year (before tax and other deductions).

Early repayments

There’s no penalty for paying some or all of your loan off early.

How much you repay

How much you repay depends on which plan you’re on.

Each plan has a threshold for your weekly or monthly income. You repay:

9% of the amount you earn over the threshold for plans 1, 2 and 4

6% of the amount you earn over the threshold for the Postgraduate Loan (the threshold amount for your repayment plan)

You do not pay anything back if your income is under the threshold (the threshold amount for your repayment plan).

Interest starts being added to your loan from when you get your first payment.

Plan 1

The thresholds are £382 a week or £1,657 a month (before tax and other deductions).

Interest on Plan 1

You currently pay interest of 1.1% on Plan 1. You can find out how the interest is calculated and interest rates for previous years.

Plan 2

The thresholds are £524 a week or £2,274 a month (before tax and other deductions). They (The thresholds) change on 6 April every year.

Interest on Plan 2

While you’re studying, interest is 5.6%.

This (interest) is made up of the Retail Price Index (RPI) plus 3%. RPI is currently set at 2.6%.

This rate (interest) applies until the 5 April after you finish or leave your course, or for the first 4 years of your course if you’re studying part-time, unless the RPI (the Retail Price Index (RPI)) changes.

After that, your interest rate depends on your income in the current tax year.

If you’re self-employed, your income is the total income amount on your Self-Assessment form.

If you’re an employee, your income is your taxable pay:

plus any pension contributions

minus any benefits you get from your employer that are taxed through payroll (ask your employer if you’re not sure)

If you have more than one job in a year, your interest rate will be based on your combined income from all your jobs.

Your annual income | Interest rate

£27,295 or less | RPI (currently 2.6%)

£27,296 to £49,130 | RPI (currently 2.6%), plus up to 3%

Over £49,130 | RPI (currently 2.6%), plus 3%

You must keep your contact details up to date in your online account and give the Student Loans Company (SLC) evidence if they ask for it. If you do not, you may be charged the higher interest rate even if your income is lower.

You can find out how the interest is calculated and interest rates for previous years.

If you have Plan 1 and Plan 2 loans

You pay back 9% of your income over the Plan 1 threshold (£382 a week or £1,657 a month).

If your income is under the Plan 2 threshold (£524 a week or £2,274 a month), your repayments only go towards your Plan 1 loan.

If your income is over the Plan 2 threshold, your repayments go towards both your loans.

Plan 4

The thresholds are £480 a week or £2,083 a month (before tax and other deductions).

Interest on Plan 4

You currently pay interest of 1.1% on Plan 4. You can find out how the interest is calculated and interest rates for previous years.

If you have a Plan 4 loan and a Plan 1 loan

If your income is under the Plan 4 threshold (£480 a week or £2,083 a month), your repayments only go towards your Plan 1 loan.

If your income is over the Plan 4 threshold (the Plan 2 threshold), your repayments go towards both your loans.

If you have a Plan 4 loan and a Plan 2 loan

You pay back 9% of your income over the Plan 4 threshold (£480 a week or £2,083 a month).

If your income is under the Plan 2 threshold (£524 a week or £2,274 a month), your repayments only go towards your Plan 4 loan.

Postgraduate Loan

The thresholds are £403 a week or £1,750 a month (before tax and other deductions).

Interest on Postgraduate Loan

You currently pay interest of 5.6% on Postgraduate Loans.

The interest (interest of 5.6%) is made up of the Retail Price Index (RPI), plus 3%. RPI is currently set at 2.6%.

You can find out how the interest (interest of 5.6%) is calculated and interest rates for previous years.

If you have a Postgraduate Loan and a Plan 1, Plan 2 or Plan 4 loan

You pay back 6% of your income over the Postgraduate Loan threshold (£403 a week or £1,750 a month). In addition, you’ll pay back 9% of your income over the Plan 1, Plan 2 or Plan 4 threshold.

If your income changes during the year

You can ask for a refund if you make repayments but your total annual income (from 6 April to 5 April the following year) is less than:

£19,895 a year for Plan 1

£27,295 a year for Plan 2

£25,000 a year for Plan 4

£21,000 for Postgraduate Loans

If you have 2 or more jobs

If you’re employed, your repayments will be taken out of your salary. The repayments will be from the jobs where you earn over the minimum amount, not your combined income.

If you need to send a Self Assessment tax return

HM Revenue and Customs (HMRC) will work out how much you repay from your tax return. Your repayments are based on your income for the whole year. If you’ve already made repayments from a salary, HMRC will deduct them from the amount you have to repay.

How to repay

Your repayments will be taken out of your salary at the same time as tax and National Insurance if you’re an employee. Your payslips will show how much has been deducted. You may need to tell your employer which repayment plan you’re on.

You start repaying when your income is more than the minimum amount.

There’s no penalty if you make extra repayments to pay some or all of your loan off early.

If you’re self-employed

HM Revenue and Customs (HMRC) will work out how much you pay from your tax return. You pay at the same time as you pay your tax.

If you’re an employee and you do a tax return

If you earn over the minimum amount, your employer will deduct loan repayments from your salary.

Check your payslips or P60 to see how much of your loan you’ve paid off during the tax year. You’ll need to include this information when you fill in your tax return.

The tax year runs from 6 April to 5 April the following year.

If you leave the UK for more than 3 months

You will need to tell the Student Loans Company (SLC). They will work out if you have to repay while you’re not in the UK and if so, how much you need to pay.

The rules for repayment are the same as in the UK, apart from different repayment thresholds for each country.

If you’re abroad, your repayment amounts are based on:

the minimum amount under Plan 1 for that country

the minimum amount under Plan 2 for that country

the minimum amount under Plan 4 for that country

the minimum amount under the Postgraduate Loan plan for that country

Once SLC (the Student Loans Company (SLC)) have told you how much you need to repay, you can make repayments:

through your online account

by International Bank Transfer (IBAN)

Online account

Sign in to your online account to:

make a repayment using an international debit card

set up a direct debit

You can also use your online account to update your contact details and make extra repayments.

International Bank Transfer

To transfer money from a non-UK bank account, use the following details:

IBAN (International Bank Transfer): GB37NWBK60708010027254
SWIFT: NWBKGB2L
NatWest Government Banking Team
NatWest Customer Service Centre
Brampton Road
Newcastle-under-Lyme
Staffordshire
ST5 0QX

Use one of these as your reference:

customer reference number

grant reference number (if it’s for a grant repayment)

Checking your repayments

You can check your repayments and balance in your:

annual statements from SLC (the Student Loans Company (SLC))

online account

If your contact details change, you must update them (your contact details) in your online account.

Avoid paying more than you owe

If you have nearly repaid your loan, you may be able to make your final repayments by direct debit instead of from your salary.

This (make) makes sure your employer will not accidentally take more than you owe.

SLC (the Student Loans Company (SLC)) will contact you in the final year of your loan repayments to let you know how to set up a direct debit.

Keep your contact details up to date.

Make extra repayments

You can choose to make extra repayments towards your student loan. These are in addition to the repayments you must make when your income is over the threshold amount for your repayment plan.

You should only make extra repayments if you think you can pay off the full balance before the loan term ends. This is because your loan (your student loan) will be written off at the end of the term.

There’s no penalty if you make extra repayments but they are not refundable.

Speak to a financial adviser if you’re unsure whether you should make extra repayments or not.

If you decide to make an extra repayment, you can choose how it is applied to your loan. For example, you can use it to reduce the total balance of your loan or to reduce the balance of a specific plan (if you have more than one plan).

If you do not choose how the repayment (an extra repayment) is applied, the Student Loans Company (SLC) will decide how it (an extra repayment)’s applied for you.

If you’re a full time student from Wales, you may be able to get £1,500 of your Maintenance Loan written off.

Make a repayment without signing into an account

You can make a card repayment towards your loan or someone else’s without signing into an online account.

You need the person’s surname and customer reference number.

Make extra repayments from the UK

You can make extra repayments:

through your online account

by bank transfer

by cheque

Online account

Sign in to your online account to:

make a repayment using a debit card

set up a direct debit

Bank transfer

To make a bank transfer or set-up a standing order from a UK bank account you must use the following bank details:

Account name: Student Loans Company
Sort code: 60 70 80
Account number: 10027254

Use one of these (the following bank details) as your reference:

customer reference number

grant reference number (if it’s for a grant repayment)

Cheque

To pay by cheque make your cheque payable to Student Loans Company Ltd (Student Loans Company) and write the customer reference number on the back.

It is taking longer than usual to process cheques because of coronavirus (COVID-19). Your cheque will be backdated and you will not build up additional interest because of the delay.

Make extra repayments from overseas

You can make extra repayments:

through your online account

by International Bank Transfer (IBAN)

Online account

Sign in to your online account to:

make a repayment using an international debit card

set up a direct debit

International Bank Transfer

To transfer money from a non-UK bank account, use the following details:

IBAN: GB37NWBK60708010027254
SWIFT: NWBKGB2L
NatWest Government Banking Team
NatWest Customer Service Centre
Brampton Road
Newcastle-under-Lyme
Staffordshire
ST5 0QX

customer reference number

Pay your loan off in full

Call or contact SLC on social media to find out:

the total amount you owe (this is called the ‘settlement amount’)

the date you need to pay by (this is called the ‘settlement date’)

You’ll need your latest payslip if you’re employed.

Once you know the total you owe, you can pay by debit card over the phone, bank transfer or cheque.

If you do not pay the settlement amount by the settlement date, you’ll need to contact SLC again. This is because the amount you owe (the total you owe) might have changed. You’ll only need to provide any recent payslips or calculations since you last called.

Getting a refund

You can ask for a refund if:

you’ve paid more than the total amount you owe

your annual income was below the threshold

you started making repayments before you needed to

You cannot get a refund for extra repayments.

If you pay back more than you owe

HM Revenue and Customs (HMRC) will tell your employer to stop taking repayments from your salary when you have repaid your loan in full. It can take around 4 weeks for salary deductions to stop.

This means you may pay back more than you owe.

You can avoid paying more than you owe by changing your payments to direct debit in the final year of your repayments. Keep your contact details up to date so SLC can let you know how to set this up.

If you have paid too much the Student Loans Company (SLC) (SLC) will try to:

contact you to tell you how to get a refund

refund you automatically (this will appear in your bank account as ‘SLC Receipts’)

You can check your loan balance in your online account.

If you’ve overpaid and have not heard from SLC you can ask them (SLC) for a refund.

If your annual income was below the threshold

You can ask for a refund if you made repayments but your income over the whole tax year (6 April to 5 April the following year) was less than:

£19,895 a year for Plan 1

£27,295 a year for Plan 2

£25,000 a year for Plan 4

£21,000 a year for Postgraduate Loan

If your annual salary is less than this, your employer may still deduct repayments - for example if you get paid a bonus or overtime.

If you’re repaying a Plan 1, Plan 2 and Plan 4 loan, you can only get a refund if your income was less than £19,895.

You can check previous thresholds if you ask about a refund on repayments made before this tax year.

If you started repaying before you needed to

If a deduction is taken from your salary before you’re due to start repaying, you can ask for a refund.

How to ask for a refund

Call or contact SLC on social media with your customer reference number.

You can contact SLC by post.

When your student loan gets written off or cancelled

When your student loan gets written off depends on which repayment plan you’re on.

When Plan 1 loans get written off

When your Plan 1 loan gets written off depends on when you took out the loan.

Academic year you took out the loan | When the loan’s written off

2005 to 2006, or earlier | When you’re 65

2006 to 2007, or later | 25 years after the April you were first due to repay

When Plan 2 loans get written off

Plan 2 loans are written off 30 years after the April you were first due to repay.

When Plan 4 loans get written off

2006 to 2007, or earlier | When you’re 65, or 30 years after the April you were first due to repay - whichever comes first

2007 to 2008, or later | 30 years after the April you were first due to repay

When Postgraduate Loans get written off

If you’re a student from England or Wales, your Postgraduate Loan will be written off 30 years after the April you were first due to repay.

If you’re a postgraduate student from Northern Ireland, you’re on Plan 1.

If you’re a postgraduate student from Scotland, you’re on Plan 4.

If someone with a student loan dies

The Student Loans Company (SLC) will cancel the person’s (someone with a student loan) student loan.

You need to let SLC (The Student Loans Company (SLC)) know that the person (someone with a student loan) has died and provide evidence (for example an original death certificate), as well as the person’s (someone with a student loan) Customer Reference Number.

If you can no longer work because of illness or disability

SLC (The Student Loans Company (SLC)) may be able to cancel your loan if you claim certain disability benefits. You’ll need to provide evidence (for example a letter from the benefits agency) and your Customer Reference Number.

Update your employment details

You need to update your details if you:

leave the UK for more than 3 months

start a new job or become self-employed

stop working

get a letter or email from the Student Loans Company (SLC) asking you to update your employment details

SLC (The Student Loans Company (SLC)) use these details (your employment details) to work out if you should be repaying your loan.

You might get a higher interest rate if you do not update your details (your employment details).

Start now


Student finance: how to apply

How to apply

How you apply depends on whether you have studied before and your nationality.

New students from England

Most full-time and part-time students can apply online to Student Finance England.

Set up a student finance online account.

Log in and complete the online application.

Include your household income if needed. Your parent or partner will be asked to confirm these details.

Send in proof of identity, if needed.

If you cannot apply online, use the form finder to get the forms you need. You can call Student Finance England if you want to apply online but you cannot use a computer without help.

Continuing students from England

You’re a continuing student if you are:

moving on to the next year of your course

repeating a year of the same course or returning to a course after taking time out

transferring onto a new course from your old course (a course)

You should log in to your student finance account and apply online.

If you’re returning to study after taking time out for personal reasons

There’s a different process if you have studied for more than one year before and you’re going back to your studies after stopping your course because of personal reasons. This could be for things like if you were ill, pregnant, caring for someone or someone close to you died.

You must also send a letter explaining why you suspended your studies with supporting evidence.

The letter must include:

your customer reference number for student finance (Student Finance England)

an explanation of your situation and why you had to suspend your studies

Supporting evidence can include:

a letter from your doctor or social services on headed paper

a letter from your university or college on headed paper

copies of birth or death certificates

You might need to send more than one piece of evidence if it helps you to show why you stopped your course.

Use your online account (your student finance account) to send the letter and evidence to Student Finance England, or send it by post.

Student Finance England will send you a letter confirming how much you’ll get, usually within 8 weeks.

Scotland, Wales and Northern Ireland

There’s a different process for students from Scotland, Wales and Northern Ireland.

New EU students

If you’re applying for tuition fee support and help with living costs, apply online.

If you’re applying for tuition fee support only, apply by post.

You’ll get a letter confirming how much you’ll get, usually within 6 weeks.

Continuing EU students

If you’re applying for tuition fee support only, you’ll be sent application forms to fill in and return by post. Check your address is up to date in your student finance account.

When to apply

You can apply for the following academic years:

2021 to 2022 (part-time students can apply from summer 2021)

2020 to 2021

You can still apply for funding up to 9 months after the first day of the academic year for your course.

Course start date | Apply by

Between 1 August and 31 December | 31 May after your course started

Between 1 January and 31 March | 30 September after your course started

Between 1 April and 30 June | 31 December after your course started

Between 1 July and 31 July | 31 March after your course started

You do not need a confirmed place to apply.

EU students

If you’re an EU student applying for 2021 to 2022, when and how you apply depends on the type of support you want.

Full-time students

If you’re applying for tuition fee support and help with living costs, you can apply online now.

If you’re applying for tuition fee support only, you can apply by post now.

Part-time students

If you’re applying for tuition fee support and help with living costs, you can apply online from summer 2021.

If you’re applying for tuition fee support only, you can apply by post from summer 2021.

Proof of identity

Students from England

Include your valid UK passport details in your application the first time you apply. Fill in the passport details form - do not send the passport itself.

Academic year | Form

2021 to 2022 | UK passport details form 2021 to 2022 (PDF, 49KB)

2020 to 2021 | UK passport details form 2020 to 2021 (PDF, 41KB)

If you do not have a UK passport (or it has expired), send your original birth or adoption certificate to Student Finance England.

Include your name and address. You should also include your customer reference number if you have one. This is an 11-digit number. You can find it on letters or emails you’ve had from Student Finance England.

EU students

Send your non-UK passport or identity card the first time you apply.

Where to send your documents

Any original documents you send will be returned to you within 4 weeks.

Students from England

EU students

Household income

You must provide your household income if you apply for any of the following:

full Maintenance Loan

Maintenance Grant - not available if your course started on or after 1 August 2016

Special Support Grant - not available if your course started on or after 1 August 2016

Childcare Grant

Adult Dependants’ Grant

Parents’ Learning Allowance

You’ll need to provide your household income for tax year:

2019 to 2020 if you’re applying for the 2021 to 2022 academic year

2018 to 2019 if you’re applying for the 2020 to 2021 academic year

After you apply, Student Finance England will ask the people in your household to confirm their income. They might need to provide evidence.

What counts as household income

Your household income includes any of the following that apply:

your parents’ income, if you’re under 25 and live with them or depend on them financially

the combined income of one of your parents and their (your parents’) partner, if you’re under 25 and live with them or depend on them financially

your partner’s income, if you’re over 25 and live with them (even if they spend most of their time abroad)

income you get from your own savings, investments or property, for example dividends or rent

If you’ve supported yourself financially for at least 3 years or had no contact with your parents for over a year, you might be able to apply as an ‘independent student’.

Change an application

You must say if any details in your application change. You’ll need to report some changes yourself. Your parents, partner or sponsor will need to report others.

Changes you must report

Full time students

Use your online account to tell Student Finance England if:

you’ve changed your course, university or college

you’re repeating a year

you’ve changed your name or marital status

your Tuition Fee Loan amount has changed

you’re living somewhere new

Part-time students and EU students

If you’re a part-time or EU student, you’ll need to fill in form CO2 or EUCO1 instead.

| Student type | Form

2020 to 2021 academic year | Part-time student | CO2 form for 2020 to 2021 (PDF, 94KB)

2019 to 2020 academic year | Part-time student | CO2 form for 2019 to 2020 (PDF, 85KB)

2021 to 2022 academic year | EU student | EUCO1 form for 2021 to 2022 (PDF, 136KB)

2020 to 2021 academic year | EU student | EUCO1 form for 2020 to 2021 (PDF, 146KB)

Use your online account to send the form to Student Finance England, or send it by post. The address is on the form.

After your course starts you can contact your university or college to change or repeat your course or change your Tuition Fee Loan.

If you’ve changed your name or marital status

You must write and tell Student Finance England if you’ve changed your name or marital status. The letter must include:

your customer reference number

the date

your signature

evidence that you’ve changed your name or marital status

If you’ve changed your name you must include a copy of one of the following with your letter:

marriage certificate

decree absolute

change of name deed - it must be an enrolled deed poll

If you’ve changed your marital status, you must include a copy of one of the following with your letter:

marriage certificate

decree absolute

civil partnership final order

Use your online account to send the letter and evidence to Student Finance England, or send it by post.

If you cannot provide the right document, contact Student Finance England.

Changes your parents, partner or sponsor must report

If your household income changes

Your parents or partner must:

correct any mistakes relating to their (Your parents or partner) household income

tell Student Finance England if they (Your parents or partner) think their (Your parents or partner) household income will be at least 15% lower than the tax year they (Your parents or partner) submitted details for

If your parents or sponsor have another child

Your parents or sponsor must tell Student Finance England if they have any more children.


Telling an employer, university or college about your criminal record

When you need to tell an employer, university or college

When you apply for a role or placement, you might need to tell your potential employer, university or college (an employer, university or college) about a:

conviction you got at court

caution you got from the police

You only need tell the employer, university or college (an employer, university or college) about a conviction or caution:

if they (an employer, university or college) ask you to, for example in an interview or on an application form

for a specific amount of time after you got it (a conviction or caution), or always for certain roles

There are different rules in Scotland and Northern Ireland.

What information you need to give

The information you need to give a potential employer, university or college about a conviction or caution depends on:

if the conviction or caution (a conviction or caution) is on your basic criminal record

the role you’re applying for

What’s on your basic criminal record and what’s not

After you get a conviction or caution, it’s usually ‘unspent’ for a specific amount of time. The amount of time depends on the type of punishment or sentence you got.

An unspent conviction or caution means:

it (a conviction or caution)’s on your basic criminal record

it (a conviction or caution) will show up on any DBS check (criminal record check)

Most convictions or cautions then become ‘spent’ after a specific amount of time. This might be after a few months or years, or straight away.

A spent conviction or caution means:

it (a conviction or caution)’s not on your basic criminal record anymore

it (a conviction or caution) will only show up on a more detailed DBS check known as ‘standard’ or ‘enhanced’, unless it (a conviction or caution)’s removed (‘filtered’) from the DBS certificate

You can check when a conviction or caution you got will become spent.

You can also read about different convictions or cautions, for example a court fine or a prison sentence.

If you have an unspent conviction or caution

You only need to tell a potential employer, university or college about an unspent conviction or caution if they ask you to.

If they (a potential employer, university or college) ask you and you do not tell them (a potential employer, university or college) about it (an unspent conviction or caution), they (a potential employer, university or college) might find out by using a DBS check. They (a potential employer, university or college) could then reject your application or withdraw a job offer, or you might be charged with a crime.

If you have a spent conviction or caution

You only need to tell a potential employer, university or college about a spent conviction or caution if all of the following apply:

they (a potential employer, university or college) ask you to

they (a potential employer, university or college) tell you that the role needs a standard or enhanced DBS check

it’s not removed (‘filtered’) from DBS certificates

You can check if the employer, university or college is allowed to request the standard or enhanced DBS check (a standard or enhanced DBS check). They (a potential employer, university or college) can only do this for certain roles, for example if you’re working with children or in healthcare.

It’s against the law for an employer, university or college to refuse you a role because you’ve got a spent conviction or caution, unless it makes you unsuitable for the role. For example, a driving conviction might make you unsuitable for a job as a driving instructor.

Check if you need to tell someone about your conviction or caution

Use this tool to check whether:

a conviction or caution you got in England or Wales is ‘spent’ (not on your basic criminal record)

you need to tell a potential employer, university or college about it (a conviction or caution you got in England or Wales)

You can also read more about what a spent conviction or caution is.

Check your conviction or caution

Check now

Before you check

For each conviction or caution you’ve had, you’ll need:

the type of conviction or caution you got

the date you got it

the date any conditions ended, or how long your sentence was

If you give approximate dates, the result you get will be approximate.

You will not need to give personal details such as your name. The information you give will not be saved and cannot identify you.

Cautions

A caution is an official warning from the police.

It (A caution) could be a:

simple caution if you’re 18 or over

youth caution if you’re under 18

conditional caution

Whether a caution is ‘spent’ affects what information you need to give a potential employer, university or college.

When simple and youth cautions become spent

They (simple and youth cautions) become spent straight away.

When a conditional caution becomes spent

It (a conditional caution) becomes spent either:

on the date the conditions end

3 months after you got it (a conditional caution), if the conditions have no end date

Fines and compensation

A court might order you to pay:

a fine

compensation to someone (‘compensation order’)

Whether a fine or compensation order is ‘spent’ affects what information you need to give a potential employer, university or college.

When a fine becomes spent

A fine becomes spent:

one year after you got it (a fine), if you were 18 or over

6 months after you got it (a fine), if you were under 18

There are different rules if a court gives you a fine for a driving offence.

When a compensation order becomes spent

A compensation order becomes spent after you’ve paid someone in full and sent proof of payment to DBS.

Driving convictions

A court might give you a conviction for a driving offence, for example speeding or drink driving.

The conviction could be:

a fine

a driving ban (‘disqualification’)

community service or a prison sentence

Fixed penalty notices (FPN) and penalty charge notices (PCN) are fines for minor driving offences. They will not appear on your criminal record unless a court gives you a conviction because of one.

Whether a driving conviction is ‘spent’ affects what information you need to give a potential employer, university or college.

‘Endorsements’ (penalty points)

A court will give a driving ban or fine with penalty points that appear on your driving record. This (‘Endorsements’ (penalty points)) is known as an ‘endorsement’.

An endorsement can stay on your driving record for longer than your criminal record.

This (stay) means a potential employer, university or college might find out about a driving ban or fine after it’s spent, if they request to check your driving record.

When a fine with an endorsement becomes spent

The fine (a fine with an endorsement) becomes spent either:

5 years after you got it (a fine with an endorsement), if you were 18 or over

2 years and 6 months after you got it (a fine with an endorsement), if you were under 18

When a driving ban with an endorsement becomes spent

When a driving ban becomes spent depends on how:

long the ban (a driving ban) lasts

old you were when you got it (a driving ban)

If you were 18 or over

If the ban (a driving ban) lasts less than 5 years, it (a driving ban) becomes spent 5 years after you got it (a driving ban).

If the ban (a driving ban) lasts more than 5 years, it (a driving ban) becomes spent on the date it (a driving ban) ends.

If you were under 18

If the ban (a driving ban) lasts less than 2 years and 6 months, it (a driving ban) becomes spent 2 years and 6 months after you got it (a driving ban).

If the ban (a driving ban) lasts more than 2 years and 6 months, it (a driving ban) becomes spent on the date it (a driving ban) ends.

Prison sentences

A court might:

give you a prison sentence if you’re 18 or over

give you a detention order (‘detention and training order’) if you’re under 18

order you to stay in hospital instead of prison (‘hospital order’) if there are concerns about your mental health

A court can decide to delay a prison sentence for up to 2 years as long as you meet certain conditions. This is known as ‘suspended’.

Whether a sentence is ‘spent’ affects what information you need to give a potential employer, university or college.

When a prison sentence becomes spent

The length of the prison sentence (a prison sentence) affects when it (a prison sentence) becomes spent.

Length of your sentence | When it (a prison sentence) becomes spent

Less than 6 months | 2 years after the sentence (a prison sentence) ends

6 months to 2 years and 6 months | 4 years after the sentence (a prison sentence) ends

2 years and 6 months to 4 years | 7 years after the sentence (a prison sentence) ends

Longer than 4 years | It never becomes spent

If your prison sentence was ‘suspended’ or you were released early

The full length of the prison sentence (a prison sentence) affects when it (a prison sentence) becomes spent - not the amount of the time it (a prison sentence) was suspended for or how long you were in prison.

When a detention order becomes spent

The length of the sentence affects when it becomes spent.

Length of your sentence | When it (the sentence) becomes spent

Less than 6 months | 1 year and 6 months after the sentence (a prison sentence) ends

6 months to 2 years and 6 months | 2 years after the sentence (a prison sentence) ends

2 years and 6 months to 4 years | 3 years and 6 months after the sentence (a prison sentence) ends

When a hospital order becomes spent

A hospital order becomes spent either:

on the date it (a hospital order) ends

2 years after you got it (a hospital order), if there’s no end date.

Community service

A court might give you:

community service (‘community order’) if you’re 18 or over

a youth order (‘youth rehabilitation order’) or a referral order if you’re under 18

For example unpaid work, a curfew or alcohol treatment.

Whether a community, youth or referral order is ‘spent’ affects what information you need to give a potential employer, university or college.

When community service becomes spent

Community service becomes spent either:

one year after its (community service) end date

2 years after you got it (community service), if there’s no end date

When a youth order becomes spent

A youth order becomes spent either:

6 months after its (a youth order) end date

2 years after you got it (a youth order), if there’s no end date

When a referral order becomes spent

A referral order becomes spent on its (a referral order) end date.

Discharges

A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor.

The conviction could be:

an absolute discharge

a conditional discharge, where you could still get a sentence if you break the conditions

a ‘bind over’, where you could get a fine if you break the conditions

Whether a discharge or bind over is ‘spent’ affects what information you need to give a potential employer, university or college.

When an absolute discharge becomes spent

It (an absolute discharge) becomes spent straight away.

When conditional discharges and bind overs become spent

They (conditional discharges and bind overs) become spent either:

on the date they (conditional discharges and bind overs) end

2 years after you got one, if there’s no end date

Military convictions

A court might give you a military conviction if they find you guilty of a crime while you served in the British armed forces.

The conviction might be:

a dismissal

a service detention

an overseas community order

a service community order

Whether a military conviction is ‘spent’ affects what information you need to give a potential employer, university or college.

When military convictions become spent

How long it takes for a conviction to become spent depends on how old you were when you were convicted. If you were:

18 or over it takes 12 months

under 18 it takes 6 months

The length of time is calculated from:

the date of your conviction for dismissals

the day on which the sentence is complete for service detentions

the end date for overseas and community service orders - if the order has no end date, it becomes spent after 2 years

If you were given both a dismissal and a service detention then the longer of the two spent dates applies.


Employment status

Overview

In employment law a person’s employment status helps determine:

their (a person’s) rights

their (a person’s) employer’s responsibilities

A person may have a different employment status in tax law.

The main types of employment status are:

worker

employee

self-employed and contractor

director

office holder

Contact Acas (or the Labour Relations Agency in Northern Ireland) for advice about employment status, employee rights or employer responsibilities.

Courts and tribunals can make final decisions on employment status.

Worker

A person is generally classed as a ‘worker’ if:

they (A person) have a contract or other arrangement to do work or services personally for a reward (your contract doesn’t have to be written)

their (A person) reward (a reward) is for money or a benefit in kind, for example the promise of a contract or future work

they (A person) only have a limited right to send someone else to do the work (subcontract)

they (A person) have to turn up for work even if they (A person) don’t want to

their (A person) employer has to have work for them (A person) to do as long as the contract or arrangement lasts

they (A person) aren’t doing the work as part of their (A person) own limited company in an arrangement where the ‘employer’ (their (A person) employer) is actually a customer or client

Employment rights

Workers are entitled to certain employment rights, including:

getting the National Minimum Wage

protection against unlawful deductions from wages

the statutory minimum level of paid holiday

the statutory minimum length of rest breaks

to not work more than 48 hours on average per week or to opt out of this right if they (Workers) choose

protection against unlawful discrimination

protection for ‘whistleblowing’ - reporting wrongdoing in the workplace

to not be treated less favourably if they (Workers) work part-time

They (Workers) may also be entitled to:

Statutory Sick Pay

Statutory Maternity Pay

Statutory Paternity Pay

Statutory Adoption Pay

Shared Parental Pay

Agency workers have specific rights from the first day at work.

Workers usually aren’t entitled to:

minimum notice periods if their (Workers) employment will be ending, for example if an employer is dismissing them (Workers)

protection against unfair dismissal

the right to request flexible working

time off for emergencies

Statutory Redundancy Pay

Casual or irregular work

Someone is likely to be a worker if most of these apply:

they occasionally do work for a specific business

the business (a specific business) doesn’t have to offer them work and they don’t have to accept it - they only work when they want to

their contract with the business (a specific business) uses terms like ‘casual’, ‘freelance’, ‘zero hours’, ‘as required’ or something similar

they had to agree with the business’s (a specific business) terms and conditions to get work - either verbally or in writing

they are under the supervision or control of a manager or director

they can’t send someone else to do their work

the business (a specific business) deducts tax and National Insurance contributions from their wages

the business (a specific business) provides materials, tools or equipment they need to do the work (their work)

Employee

An employee is someone who works under an employment contract.

A person may be an employee in employment law but have a different status for tax purposes. Employers must work out each worker’s status in both employment law and tax law.

Employment rights

All employees are workers, but an employee has extra employment rights and responsibilities that don’t apply to workers who aren’t employees.

These rights include all of the rights workers have and:

Statutory Sick Pay

statutory maternity, paternity, adoption and shared parental leave and pay (workers only get pay, not leave)

minimum notice periods if their (workers) employment will be ending, for example if an employer is dismissing them (workers)

protection against unfair dismissal

the right to request flexible working

time off for emergencies

Statutory Redundancy Pay

Some of these rights require a minimum length of continuous employment before an employee qualifies for them (These rights). An employment contract may state how long this qualification period is.

Working out employment status for an employee

Someone who works for a business is probably an employee if most of the following are true:

they (Someone who works for a business)’re required to work regularly unless they (Someone who works for a business)’re on leave, for example holiday, sick leave or maternity leave

they (Someone who works for a business)’re required to do a minimum number of hours and expect to be paid for time worked

a manager or supervisor is responsible for their (Someone who works for a business) workload, saying when a piece of work should be finished and how it should be done

they (Someone who works for a business) can’t send someone else to do their (Someone who works for a business) work

they (Someone who works for a business) get paid holiday

they (Someone who works for a business)’re entitled to contractual or Statutory Sick Pay, and maternity or paternity pay

they (Someone who works for a business) can join the business’s (a business) pension scheme

the business’s (a business) disciplinary and grievance procedures apply to them (Someone who works for a business)

they (Someone who works for a business) work at the business’s (a business) premises or at an address specified by the business (a business)

their (Someone who works for a business) contract sets out redundancy procedures

the business (a business) provides the materials, tools and equipment for their (Someone who works for a business) work

they (Someone who works for a business) only work for the business (a business) or if they (Someone who works for a business) do have another job, it’s completely different from their (Someone who works for a business) work for the business (a business)

their (Someone who works for a business) contract, statement of terms and conditions or offer letter (which can be described as an ‘employment contract’) uses terms like ‘employer’ and ‘employee’

If most of these (terms like ‘employer’ and ‘employee’) don’t apply, you should work out if the person (Someone who works for a business) is self-employed.

Individuals and their employers may have to pay unpaid tax and penalties, or lose entitlement to benefits, if their employment status is wrong.

Employee shareholders

An employee shareholder is someone who works under an employment contract and owns at least £2,000 worth of shares in the employer’s company or parent company.

Employment rights

Employee shareholders have most of the same employment rights as workers and employees.

They also have the right to collective redundancy consultation and transfer of undertakings (TUPE) - this protects the employee’s terms and conditions when the business is transferred to a new owner.

Employee shareholders don’t have these rights:

protection against unfair dismissal - apart from dismissal on grounds of discrimination and in relation to health and safety

statutory redundancy pay

the right to request flexible working - except in the 2 weeks after returning from parental leave

certain statutory rights to request time off for training

Employee shareholders must give 16 weeks notice if they want to come back early from maternity leave, additional paternity leave and adoption leave.

Employers can choose more generous employment rights than the statutory ones.

Tax relief and obligations

Employee shareholders can get tax relief on the first £2,000 of shares they get before 1 December 2016.

Employee shareholders must pay tax on buying and selling shares.

HM Revenue and Customs (HMRC) has further guidance on tax relief for employee shareholders.

Applying for employment shareholder jobs

Anyone can apply for an employee shareholder job.

People claiming Jobseeker’s Allowance don’t have to apply for an employee shareholder job that Jobcentre Plus have told them about.

Existing employees don’t have to accept a change to an employment contract to become an employee shareholder if they don’t want to.

Offering employment shareholder status

Employers must following certain rules when offering employment shareholder status to their employees.

Self-employed and contractor

A person is self-employed if they run their business for themselves and take responsibility for its (the business) success or failure.

Self-employed workers aren’t paid through PAYE, and they don’t have the employment rights and responsibilities of employees.

Someone can be both employed and self-employed at the same time, for example if they work for an employer during the day and run their own business in the evenings.

Employment rights

Employment law doesn’t cover self-employed people in most cases because they are their own boss.

However, if a person is self-employed:

they (A person) still have protection for their (A person) health and safety and, in some cases, protection against discrimination

their (Someone) rights and responsibilities are set out by the terms of the contract they (Someone) have with their (Someone) client

Working out if someone is self-employed

HM Revenue and Customs (HMRC) may regard someone as self-employed for tax purposes even if they have a different status in employment law.

Employers should check if a worker is self-employed in:

tax law - whether they’re exempt from PAYE

employment law - whether they have an employee’s rights

Checking if they (Individuals and their employers)’re exempt from PAYE

Someone is probably self-employed and shouldn’t be paid through PAYE if most of the following are true:

they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit

they can decide what work they do and when, where or how to do it

they can hire someone else to do the work

they’re responsible for fixing any unsatisfactory work in their own time

their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish

they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work

they can work for more than one client

You can check someone’s employment status:

online

by phone

There are special rules for businesses supplying workers, for example an employment agency.

Checking their employment rights

Someone is probably self-employed and doesn’t have the rights of an employee if they’re exempt from PAYE and most of the following are also true:

they put in bids or give quotes to get work

they’re not under direct supervision when working

they submit invoices for the work they’ve done

they’re responsible for paying their own National Insurance and tax

they don’t get holiday or sick pay when they’re not working

they operate under a contract (sometimes known as a ‘contract for services’ or ‘consultancy agreement’) that uses terms like ‘self-employed’, ‘consultant’ or an ‘independent contractor’

Contractors

A contractor can be:

self-employed

a worker or an employee if they (A contractor) work for a client and are employed by an agency

There’s a special scheme for self-employed contractors and sub-contractors working in the construction industry called the Construction Industry Scheme (CIS).

If someone becomes self-employed

A worker must tell HMRC if they become self-employed.

Director

Company directors run limited companies on behalf of shareholders.

Directors have different rights and responsibilities from employees, and are classed as office holders for tax and National Insurance contribution purposes.

If a person does other work that’s not related to being a director, they may have an employment contract and get employment rights.

Office holder

A person who’s been appointed to a position by a company or organisation but doesn’t have a contract or receive regular payment may be an office holder. This includes:

statutory appointments, such as registered company directors or secretaries, board members of statutory bodies, or crown appointments

appointments under the internal constitution of an organisation, such as club treasurers or trade union secretaries

appointments under a trust deed, such as trustees

ecclesiastical appointment, such as members of the clergy

Office holders are neither employees nor workers. However, it’s possible for someone to be an office holder and an employee if they have an employment contract with the same company or organisation that meets the criteria for employees.

Working out employment status for an office holder

Someone is likely to be an office holder if most of these statements apply to them:

there is no contract or service agreement relating to their (Someone) appointment

their (Someone) duties are minimal, and are only those required under the relevant statute, constitution or trust deed

they (Someone) don’t get a salary or any other form of regular payment for their (Someone) services

the only payment they (Someone) get is a voluntary payment (honorarium), regardless of the work they (Someone) do - tax and National Insurance are deducted by the appointing body

they (Someone)’re effectively working as an independent office, and are not under the close supervision or control of the appointing body

Legal decisions on employment status

A court or employment tribunal (known as an industrial tribunal in Northern Ireland) can make a final decision on employment status for employment rights purposes. They’ll look at how the employment relationship between the person and the business works in practice.

HM Revenue and Customs (HMRC) may separately argue that someone is self-employed for tax purposes. This may be confirmed by the tax tribunal and the courts.

An employment tribunal or court may still make a decision that someone is a worker or employee for employment rights purposes.


Maximum weekly working hours

Overview

You can’t work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the ‘working time directive’ or ‘working time regulations’.

You can choose to work more by opting out of the 48-hour week (17 weeks).

If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week.

Exceptions

You may have to work more than 48 hours a week on average if you work in a job:

where 24-hour staffing is required

in the armed forces, emergency services or police

in security and surveillance

as a domestic servant in a private household

as a seafarer, sea-fisherman or worker on vessels on inland waterways

where working time is not measured and you’re in control, eg you’re a managing executive with control over your decisions

Contact the Acas helpline or use the Acas Helpline Online to get further advice on working hours.

Calculating your working hours

Average working hours (your working hours) are calculated over a ‘reference’ period, normally 17 weeks.

This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week.

Your working hours can’t be averaged out if you’re under 18. You can’t work more than 40 hours in any one week.

Exceptions

Some jobs have different reference periods, eg:

trainee doctors have a 26-week reference period

the offshore oil and gas sector has a 52-week reference period

What counts as work

A working week includes:

job-related training

time spent travelling if you travel as part of your job, eg sales rep

working lunches, eg business lunches

time spent working abroad

paid overtime

unpaid overtime you’re asked to do

time spent on call at the workplace

any time that is treated as ‘working time’ under a contract

travel between home and work at the start and end of the working day (if you don’t have a fixed place of work)

What doesn’t count as work

A working week doesn’t include:

time you spend on call away from the workplace

breaks when no work is done, eg lunch breaks

travelling outside of normal working hours

unpaid overtime you’ve volunteered for, eg staying late to finish something off

paid or unpaid holiday

travel to and from work (if you have a fixed place of work)

You have more than one job

Your combined working hours shouldn’t be more than 48 hours a week on average.

If you work more than 48 hours on average, you can either:

sign an opt-out agreement

reduce your hours to meet the 48-hour limit

Opting out of the 48 hour week

You can choose to work more than 48 hours a week on average if you’re over 18. This is called ‘opting out’.

Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so.

You can opt out for a certain period or indefinitely. It must be voluntary and in writing.

Workers who can’t opt out

You can’t opt-out of the 48 hour week if you’re:

airline staff

a worker on ships or boats

a worker in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)

other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors

a security guard on a vehicle carrying high-value goods

Cancelling an opt-out agreement

You can cancel your opt-out agreement (an opt-out agreement) whenever you want - even if it (an opt-out agreement)’s part of your  employment contract.

You must give your employer at least 7 days’ notice. You may have to give more notice (up to 3 months) if you have a written opt-out agreement.

Your employer can’t force you to cancel your opt-out agreement (an opt-out agreement).


Dismissing staff

Overview

Dismissal is when you end an employee’s contract. When dismissing staff, you must do it fairly.

There are different types of dismissal:

fair dismissal

unfair dismissal

constructive dismissal

wrongful dismissal

If you’ve had to dismiss staff because of coronavirus (COVID-19), you might be able to re-employ them and pay their wages through the Coronavirus Job Retention Scheme.

Fair and unfair dismissal

A dismissal is fair or unfair depending on:

your reason for it (A dismissal)

how you act during the dismissal process

Constructive dismissal

This (Constructive dismissal) is when an employee resigns because you’ve breached their employment contract. This could be a single serious event or a series of less serious events.

An employee could claim constructive dismissal if you:

cut their (An employee) wages without agreement

unlawfully demote them (An employee)

allow them (An employee) to be harassed, bullied or discriminated against

unfairly increase their (An employee) workload

change the location of their (An employee) workplace at short notice

make them (An employee) work in dangerous conditions

A constructive dismissal is not necessarily unfair - but it would be difficult for you to show that a breach of contract was fair.

A constructive dismissal might lead to a claim for wrongful dismissal.

Wrongful dismissal

This (Constructive dismissal) is where you break the terms of an employee’s contract in the dismissal process, for example dismissing someone without giving them proper notice.

Wrongful dismissal is not the same as unfair dismissal.

If an employee thinks you’ve dismissed them unfairly, constructively or wrongfully, they might take you to an employment tribunal.

Fair dismissals

You must have a valid reason for dismissing an employee. Valid reasons include:

their (an employee) capability or conduct

redundancy

something that prevents them (an employee) from legally being able to do their (an employee) job, for example a driver losing their driving licence

There could be other fair reasons too - these are sometimes called ‘other substantial reasons’.

Acting reasonably

Even if you have a fair reason, the dismissal is only fair if you also act reasonably during the dismissal and disciplinary process.

There’s no legal definition of ‘reasonableness’, but if you’re taken to an employment or industrial tribunal they would consider whether you:

genuinely believed that the reason was fair

carried out proper investigations where appropriate

followed the relevant procedures

told the employee why they were being considered for dismissal and listened to their views (in Northern Ireland, the employer must do this in writing)

allowed the employee to be accompanied at disciplinary/dismissal hearings

gave the employee the chance to appeal

Reasonableness might also depend on whether the employee could be expected to understand the consequences of their behaviour.

Dismissal and disciplinary procedures

You must set out your dismissal and disciplinary rules and procedures in writing - if you do not, a tribunal can order you to pay an employee compensation.

Summary dismissal

This (Summary dismissal) is when you dismiss someone instantly without notice or pay in lieu of notice, usually because of gross misconduct (for example theft, fraud, violence).

Tribunals may rule a summary dismissal as ‘procedurally unfair’ - you can only suspend someone without pay if their contract says you can do this. If it does not, you should suspend the employee on full pay and investigate the circumstances.

If you feel summary dismissal’s your only choice, you must still follow a fair procedure as you would do for any other disciplinary matter.

Unfair dismissals

Even if you think you’ve dismissed someone fairly, they could still claim unfair dismissal against you if they think that:

the reason you gave for the dismissal was not the real one

the reason was unfair

you acted unreasonably, for example by failing to give them (someone) plenty of warning about their (someone) dismissal

Automatically unfair reasons for dismissal

Even if you’ve acted reasonably, some reasons for dismissal are classed automatically unfair. These are to do with the following areas:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

acting as an occupational pension scheme trustee

joining or not joining a trade union

being a part-time or fixed-term employee

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

whistleblowing

Compulsory retirement on the grounds of age is unlawful unfair dismissal unless you can objectively justify it - but you could be challenged at a tribunal.

Industrial action

It’s automatically unfair to dismiss someone for taking part in official (‘lawful’) industrial action:

in the 12-week period from the day the industrial action starts

if the action (the industrial action) lasts longer than 12 weeks and you have not taken reasonable steps to resolve the dispute

Only an employment or industrial tribunal can decide whether or not you’ve taken reasonable steps to resolve a dispute.

If you ‘lock out’ employees taking industrial action, the days of the lock-out are not included in the calculation of the 12-week protected period.

A lock-out is where you prevent employees from getting to their workplace, for example by locking the doors.

Disability

If a disabled employee cannot do their job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them.

Political beliefs and groups

It is not automatically unfair to dismiss someone because of their political beliefs or political groups they belong to, but a tribunal might find this unfair.

There’s no longer a qualifying period for someone going to an employment tribunal if they’ve been dismissed because of political opinions or affiliation. This applies to anyone dismissed from 25 June 2013.

Penalties for unfair dismissals

If a tribunal finds that an employee has been unfairly dismissed, you might be ordered to:

reinstate them (an employee) (give them (an employee) their (an employee) job back)

re-engage them (an employee) (re-employ them (an employee) in a different job)

You might also have to pay compensation, which depends on the employee’s (an employee):

age

gross weekly pay

length of service

You might have to pay extra compensation if you do not follow a tribunal’s order to reinstate someone.

There’s a limit on the amount a tribunal can award for unfair dismissal, apart from in cases relating to:

health and safety (for example where you unfairly dismiss someone for taking action on health and safety grounds)

whistleblowing

Eligibility to claim unfair dismissal

Employees can only claim unfair dismissal if they’ve worked for a qualifying period - unless they’re claiming for an automatically unfair reason.

Date employment started | When the employee can claim

Before 6 April 2012 | After first year of employment

After 6 April 2012 | After 2 years of employment

Who cannot claim unfair dismissal

The right to complain to a tribunal about unfair dismissal is not available to:

self-employed people

independent contractors

members of the armed forces

employees who have reached a settlement with their employer through Acas (Advisory, Conciliation and Arbitration Service) or the Labour Relations Agency (LRA) in Northern Ireland

employees who have reached a settlement with their employer through a ‘settlement agreement’ or ‘compromise agreement’ after taking legal advice

employees employed under an illegal contract, for example a barman under the age of 18

employees covered by a dismissal procedure agreement that’s been legally exempted from the unfair dismissal rules

employees taking part in unofficial industrial action (unless the dismissal is for an automatically unfair reason)

police officers (unless the dismissal relates to health and safety or whistleblowing)

those working on a fishing vessel and paid by a share in the profits or gross earnings of the vessel

Dismissals for conduct or performance reasons

You can dismiss an employee if:

they (an employee)’re incapable of doing their (an employee) job to the required standard

they (an employee)’re capable, but unwilling to do their (an employee) job properly

they (an employee)’ve committed some form of misconduct

If you want to dismiss someone, there’s no specific process you must go through by law - as long as you do it fairly.

If a capability issue is linked to someone’s health, you should try as many ways as possible to help them do their job before dismissing them.

Disciplinary procedures

You should include examples of what you consider to be misconduct in your disciplinary rules.

Different disciplinary procedures are appropriate for different circumstances.

Employees have the right to be accompanied to all disciplinary meetings and to appeal to a manager. Keep notes of all meetings and give copies to the employee.

Misconduct

Misconduct can include things like persistent lateness or unauthorised absence from work.

To make sure the dismissal (dismiss) is fair when misconduct is not ‘serious’ or ‘gross’:

Arrange a meeting with the employee, telling them the reason for it (dismiss). At the meeting, give them a chance to explain and issue a first written warning if you’re not satisfied with their reasons. In the warning, tell them how you expect them to improve and over what period - warn them that if they do not improve enough, you’ll give them a final written warning.

Hold a second meeting if their (the employee) performance or behaviour has not improved enough by the deadline - give them (the employee) a chance to explain and issue a final written warning if you’re not satisfied with their (the employee) reasons. Revise the action plan with timescales for improvement and warn them (the employee) that you’ll consider dismissal if there’s no improvement.

Hold a third meeting if their (the employee) performance or behaviour is still not up to standard by these new deadlines. Warn them (the employee) that dismissal is now possible. After the meeting - or appeal if there is one - decide whether to give the employee a further chance to improve, or dismiss them (the employee). You must tell the employee of your final decision, whatever it is.

Serious misconduct

You can issue a single ‘first and final’ written warning if the misconduct or underperformance is serious enough. Explain that not improving could lead to dismissal. ‘Serious enough’ includes if it’s likely to or has caused serious harm to the organisation itself.

Gross misconduct

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination.

With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure. You should investigate the incident and give the employee a chance to respond before deciding to dismiss them.

One-off incidents

An informal discussion may be enough to resolve the issue if the misconduct or underperformance was a one-off and the employee has a good disciplinary record.

Dismissals due to illness

Sometimes an employee may have to stop working because of long-term ill health. They may resign, or you may have to consider dismissing them.

Considering dismissing an employee

Dismissal is a last resort and you should consider as many ways as possible to help the employee back to work, including:

getting a medical report from their (the employee) GP with the employee’s (the employee) permission - they (the employee) have the right to see the report before you do

arranging an occupational health assessment

work out whether or not they (the employee)’re disabled and make any reasonable adjustments to help them (the employee) do their (the employee) job

If the employee cannot do their (the employee) job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them (the employee), even if they (the employee)’re disabled.

How to dismiss someone

During the dismissal procedure, make sure you act fairly and reasonably. You must treat the employee with sensitivity.

Your procedure should follow the advice set out in the Acas (Advisory, Conciliation and Arbitration Service) code of practice, or the Labour Relations Agency (LRA) code of practice for Northern Ireland.

If you do not follow the code and are taken to an employment or industrial tribunal, you may have to pay compensation.