As the school year kicks off, it’s not just students who are hitting the books — it's also the perfect time for employers to brush up on the fundamentals of employment law. Whether you’re welcoming new staff this September or simply resetting your workplace practices for the months ahead, now’s the ideal time to relearn what’s fact and what’s fiction when it comes to your legal obligations.

Here are 7 common employment law myths that employers still fall for — and the truth behind them.

Myth 1: “You don’t need a written contract if the job is casual or part-time.”

The reality:
Every new school term has rules — and the workplace is no different. From Day 1, all employees and workers must receive a Section 1 Statement, regardless of whether they’re full-time, part-time, fixed-term or permanent. This outlines basic terms like job title, pay, hours, holiday, sick pay, notice period and more.

Skipping this step could land you in an employment tribunal and cost you up to 4 weeks’ pay in compensation.

While a Section 1 Statement isn’t a full employment contract, having a comprehensive contract in place allows you to include essential clauses (think: confidentiality, post-employment restrictions, and garden leave) that give your business added protection and flexibility.

Myth 2: “Employees can be dismissed at any time during probation without consequence.”

The reality:
Probation periods might feel like a test — but the law doesn’t give you a free pass. While unfair dismissal claims usually require employees to have two years of service, certain automatic unfair dismissal rights kick in on Day 1 of employment. These include dismissals relating to:

• Pregnancy or maternity
• Whistleblowing
• Trade union activity
• Health & safety concerns
• Discrimination

And here’s one for the legal textbooks: The new Employment Rights Bill is set to abolish the two-year continuous service rule altogether — making it more important than ever to tread carefully when dismissing employees.

Myth 3: “If an employee doesn’t have a written contract, they don’t have any rights.”

The reality:
Think of this like homework — just because it is not in writing, it does not mean it doesn’t count. Even verbal agreements or implied arrangements can create legally binding contracts between employers and employees.
Employees are also still entitled to basic rights – some examples include:

• National Minimum Wage
• Holiday pay
• Protection from discrimination

Skipping the paperwork doesn’t erase your responsibilities — it increases your risk.

Myth 4: “You don’t need to worry about employment law if someone is self-employed.”

The reality:
You can’t mark your own status report. Whether someone is truly self-employed isn’t just about what their contract says — it’s about how the relationship works day to day.
If they are working regular hours, cannot send a substitute to work in their place, and follow your instructions or orders, they may legally be classed as an employee or worker. That means you could be on the hook for several things, including but not limited to:

• Holiday pay
• Minimum wage
• Pension contributions
• Protection from unfair dismissal
• Income tax and NI

Mislabelling someone as self-employed is like failing a test you didn’t know you were taking — and the consequences can be expensive.

Myth 5: “You can deduct money from wages for things like training or uniforms.”

The reality:
Unless the right to make deductions from wages are clearly written into the employment contract or the employee provides written consent, then any such deductions may be unlawful.
Even if deductions are agreed with the employee, they cannot reduce wages below the National Minimum Wage, except in limited circumstances.

So, before you deduct for training costs, uniforms, or any other costs, please make sure your employment paperwork passes the legal exam — or risk a claim.

Myth 6: “Verbal warnings are enough – you don’t need to document disciplinary actions.”

The reality:
If you’re dealing with employee behavioural issues, a record-keeping habit is as important as good class notes. Informal warnings might not always legally require written records, but keeping them on file is certainly wise.

More serious issues? You’ll need to follow a lawful disciplinary process, that not only follows your own disciplinary policy, but also adheres to the ACAS Code of Practice. Failing to follow the ACAS Code can increase compensation that may be awarded to an employee in an Employment Tribunal, by up to 25%.

Myth 7: “You don’t need to make reasonable adjustments unless someone discloses a disability.”

The reality:
Disability support isn’t just a “by request only” service. If an employer knows or should reasonably know an employee may be disabled, the duty to consider reasonable adjustments applies.

The Equality Act 2010 sets a low bar for defining disability, which can be physical or mental in nature and in some cases can also include learning impairments — so the chances are, most workplaces will have employees who meet the definition of ‘disability’, even if they have told you!

Ignoring signs can lead to costly discrimination claims. A proactive approach is not just ethical — it’s essential.

Final Thoughts: Your Employment Law Refresher

The back-to-school season is a time for structure, planning, and new routines — the perfect moment to review your employment policies, check your employment contracts, and ensure you’re up to speed with current legislation.

Employment law doesn’t have to be overwhelming. Take legal advice, stay updated on changes, and don’t rely on myths — they’re not going to help you pass the real-world legal tests ahead.

If you require any help or assistance regards this topic or anything else employment law related, speak to one of our Employment Law team today.