In the UK at least, the main warning sign is something called the Working Time Directive. It's a piece of Health and Safety legislation which limits workers to a 48-hour week, so most game studios (every non-indie I have ever encountered) will ask you to opt out of it.

This is a big one. We have the law to protect us in theory, but in practice some (most?) game developers will expect you to waive your right to use it. It may be difficult to find somewhere that wouldn't do that, especially if you're a junior.

They can expect all they want but you are perfectly entitled to not waive it and it is completely illegal for them to hold it against you. Also if you do opt-out, at any time you can just contact HR and opt back in and again it is completely illegal for them to hold it against you.

The problem is however that too many people are afraid of "making waves" when it comes to employment. Also a lot of juniors straight out of Uni are not even aware of what they are signing. They just get given it along with a their contract and the employers equal rights form and just told here sign this.

What is illegal and what is something you can practically enforce are 2 different things. Given that they can fire you for any other reason at all (e.g. "poor culture fit") in the first 2 years, all they have to do is wait sufficient time so that you can't prove that it was down to you not signing the waiver, and then you're out of a job. And if you do want to take them to a tribunal to rule on it, that can cost over £1000. A junior taking their first steps in the industry doesn't have great prospects for resisting this sort of pressure.

What is illegal and what is something you can practically enforce are 2 different things. Given that they can fire you for any other reason at all (e.g. "poor culture fit") in the first 2 years, all they have to do is wait sufficient time so that you can't prove that it was down to you not signing the waiver, and then you're out of a job. And if you do want to take them to a tribunal to rule on it, that can cost over £1000. A junior taking their first steps in the industry doesn't have great prospects for resisting this sort of pressure.

Except in the UK you cannot just fire somebody like they do in the US. It would be really difficult to prove somebody has a "poor culture fit" after 2 years unless you had a paper trail of disciplinarians and warnings. They also need to provide evidence that the reason you are being sacked is something that not everybody else is doing. The fee for an unfair dismissal is £250 with a further £950 if it goes to trial. Most companies would settle before it got to trial especially if they know what they are in the wrong. As soon as an Acas representative starts saying we don't believe your reason for sacking this employee and we think that its because they refused overtime then any company director or manager is going to realise they've screwed up and start getting out their cheque book.

Of course most employees would just shrug and move on and not bother with Acas or indeed not even know their rights but, you always get that one who knows their rights and is very effective at using them.

It is very very difficult to sack somebody in the UK if they know their rights even for things that you would expect to be a genuine reason.

Except in the UK you cannot just fire somebody like they do in the US.

Yes you can, before the 2 year deadline, which is when this is going to come up. The employee has no recourse unless they can demonstrate that it was clearly down to their refusal to sign the waiver (or that it was some other form of discrimination, etc), which would be impractical.

Except in the UK you cannot just fire somebody like they do in the US.

Yes you can, before the 2 year deadline, which is when this is going to come up. The employee has no recourse unless they can demonstrate that it was clearly down to their refusal to sign the waiver (or that it was some other form of discrimination, etc), which would be impractical.

The 2 year deadline doesn't count if the reason for dismissal was deemed "automatically unfair" and anything that has not gone down the disciplinary route is deemed automatically unfair.

https://www.gov.uk/dismiss-staff/unfair-dismissals

If you approach Acas and say that you have worked less than 2 years and its because you refused to opt-out then they will take your case and it won't be up to you to prove it it will be up to the employer.

If you go to any Employment Solicitors website they will have information and FAQs regarding the 2 year cut off. Most of them will advise you to treat it as though no such thing exists because the law usually finds in favour of the employee.

Also its worth pointing out that since the deadline was increased from 1 year to 2 years there has been a huge increase in employees going down the breach of employment contract route as lots of employers use default contracts that lay out the disciplinary procedure. There is no deadline on the contract and the penalty more than an unfair dismissal.

I'm not seeing any evidence there that there has to be a "disciplinary route" for dismissal to not be 'automatically' unfair. Where are you seeing that? It could be ruled unfair, but that's for the tribunal to decide, and you have no right to that tribunal until 2 years is up.

As such the chance of being able to take this through the official channels seems minimal, and that's been the experience I've seen other people get (not from games, but in UK employment law generally).

By all means the employee can try ACAS and see if they're willing to touch the case. Ultimately though, anyone joining the games industry in the UK and thinking that they can refuse the opt-out everywhere they go is likely to find their career somewhat hampered, sadly.

I'm not seeing any evidence there that there has to be a "disciplinary route" for dismissal to not be 'automatically' unfair. Where are you seeing that? It could be ruled unfair, but that's for the tribunal to decide, and you have no right to that tribunal until 2 years is up.

As such the chance of being able to take this through the official channels seems minimal, and that's been the experience I've seen other people get (not from games, but in UK employment law generally).

By all means the employee can try ACAS and see if they're willing to touch the case. Ultimately though, anyone joining the games industry in the UK and thinking that they can refuse the opt-out everywhere they go is likely to find their career somewhat hampered, sadly.

If the reason you gave them was not the real one then it is deemed automatically unfair and they can have their tribunal weather they have worked less than 2 years or not. You say its poor culture fit. Employee says its because of opt-out. Acas will take the case.

If you didn't give them fair warning of their dismissal it is also deemed automatically unfair and again they get their tribunal. As to what is deemed adequate warning well this should be lain out in their employment contract. If it isn't then the standard of verbal warning, written warning, final warning are usually used.

If there has been any discussion whatsoever regarding statuary entitlements such as holiday pay, sickness, overtime, paternity, maternity and the employee can provide evidence or another employee can back them up then Acas will automatically allow a tribunal regardless of length of service.

It is mentioned on this page

https://www.gov.uk/dismiss-staff/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.