Does holiday pay accrue during sickness absence?
Yes. The right to paid annual leave continues to build up (‘accrue’) even during periods of absence from work, such…
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Can we deduct holiday taken but not accrued (from pay) when an employee leaves?
Yes, although employers can only deduct the holiday pay overpaid from a final wage payment if there is a written…
Is travel time included in working hours? (Working Time Regulations – WTR)
For most workers, routine travel time commuting to work does not count as working hours.However, for workers with ‘no fixed…
How do we calculate the holiday entitlement for part-timers?
Part-timers, like full-timers, are entitled to take sufficient paid leave to be away from work for the equivalent of 5.6…
Do we have to pay Keeping in Touch (KIT) days for employees on maternity leave?
The law provides for a woman on maternity leave to work for up to ten ‘Keeping in Touch’ (KIT) days…
Employee dismissals and Facebook posting
Can we dismiss an employee for posting damaging content about our organisation on Facebook?It depends… However, organisations must have a…
Are employees on zero hours contracts entitled to sick pay?
The test of whether sick pay is payable or not, is not the number of hours work, or the type…
Redundancy Consultation and Insolvency
Must we consult for the minimum period if the business is likely to close?There’s no time limit for how long…
Must Overtime always be Paid?
Employers do not have to pay workers for overtime. However, average pay for the total hours worked must not fall…
Managing Flexible Working – post Covid-19
Flexible working can be extremely beneficial, allowing employees to create a strong work/life balance that can assist with personal commitments…
Redundancy – getting it right
Employers need to follow clear procedures, both for collective and individual redundancies in order to ensure all redundancy dismissals are…
Undertaking Risk Assessments for Home Working during Covid-19
Employers owe a duty of care to their team no matter where they are working and properly carrying out a…
Casual Workers – avoiding disputes over employment status
The three categories of employment status are employee, worker and self-employed. When considering the status of ‘casual workers’, the key…
Furlough update
Rishi Sunak announced on 12th May 2020 that the Coronavirus Scheme will be extended until the end of October 2020.…
Redundancy – can there be a selection pool of one?
It is first worth clarifying that a job is made redundant, rather than an employee.If a number of people do…
A few FAQS on Furlough
Can I rotate employees on Furlough leave? Yes. Employees can be put on furlough more than once so employers can,…
Employment Law – what’s new in 2020
Changes to contracts of employmentFrom 6 April 2020, written statements of employment particulars must: Be issued to all workers -…
Coronavirus – Simple steps for Employers
Employers should consider some simple steps, to help protect the health and safety of everyone during the coronavirus (COVID-19) pandemic.…
What is contractual Sick Pay?
Employers can only choose to opt out of the statutory sick pay (SSP) scheme if they operate their own scheme,…
Is it legal to impose a salary reduction if my business is struggling?
Reducing pay would be a variation of an employees’ contract of employment. Employers cannot unilaterally vary a contract of employment.This…
How to ensure Equality when Shortlisting Job Candidates
To ensure equality in the shortlisting process, the key is to base all decisions on an objective assessment of the…
The Right to Request Flexible Working
Before June 2014, employees needed to meet fairly fixed eligibility requirements in order to have the right to request flexible…
Can I provide payment in lieu of notice (PILON) to an employee if there is no contract clause?
If the contract includes a Pay in Lieu of Notice (PILON) clause, the employer can terminate the contract and make…
Can I monitor my Employees?
There has been increased use of email, internet and telephone monitoring by employers in recent years. However, before you can…
Can I deduct pay from an employee as a disciplinary sanction?
Employers cannot deduct pay from an employee as a disciplinary sanction unless there is a contractual disciplinary procedure that includes…
Are Zero-Hours Workers entitled to Paid Annual Leave?
The simple answer is ‘yes’. Employees engaged on zero-hours contracts have the same legal protections as more traditional full-time employees…
Beware the Christmas Party
…and other HR TIPS to help employers avoid issues during the Christmas Season Communicate any compulsory closing dates to employees…
Can my employee take time off if their childminding arrangements break down?
Yes, from day one of employment all employees have the right to time off for dependants. Time off for dependants…
Can I advertise to replace a dismissed employee if that employee is appealing against the dismissal?
Yes, an employer can advertise a vacancy resulting from the dismissal of an employee without waiting for the outcome of…
Can I refuse an annual leave request?
Yes, although employees have the right to statutory annual leave, employers can say when leave can or cannot be taken.…
Dismissal for “some other substantial reason”. What does it mean?
Should an employee make a claims unfair dismissal, the employer must show that it had a potentially fair reason for…
Why should my business have an Employee Handbook?
Employee handbooks are a staple to any business and, if written well and properly communicated to your workforce, they will…
Does a period of unpaid leave create a break in an employee’s continuity of service?
It is common during unpaid leave that is pre-arranged, for the employee to remain under a contract of employment and…
What if an employee disputes the notes taken at a Disciplinary Hearing?
Further to a disciplinary or grievance meeting, employers should provide a copy of the minutes or notes taken at the…
How do I carry out Return to Work Interviews?
Firstly, when your employee has returned to work following a sickness absence, carry out a return to work interview as…
How do I check the legal working status of migrant workers?
The Home Office Right to Work Checking Service available on GOV.UK, gives employers access to up-to-date, real-time information about migrants’ right…
When is it lawful for an employer to deduct wages from an employee?
A deduction from wages occurs when an employee’s wages are less than the total amount properly due to them on…
What is Statutory Sick Pay (SSP)?
If a worker is absent for four or more days in a row they may qualify for SSP (Statutory Sick…
What happens to notice pay when an employee resigns while on maternity leave?
If an employee resigns while on maternity leave, in certain circumstances the employer must pay the employee their normal full…
Do I need to issue Employment Contracts for Zero hours workers?
Yes. All workers must be issued with a form of contract, regardless of the hours they work. All can expect…
How should I calculate holiday and bank holiday entitlement for part timers?
Statutory entitlement for full-time employees is 28 days’ paid annual leave. Calculating for part time employees can be a more…
How do I handle a Grievance raised by an employee?
In a nutshell, there are a number of stages to the Grievance procedure which include: Letting the employer know the…
At a meeting to discuss Poor Performance, is an employee entitled to be accompanied?
The statutory right be to accompanied to a disciplinary meeting, does not apply to performance review meetings that will not…
Preparation for Parental Bereavement leave and pay
It has been confirmed that the government intends to introduce a right for bereaved parents to take paid time off…
Is it sickness absence if an employee goes sick having worked part of a day?
For statutory sick pay purposes (SSP), once an employee has begun work, that day cannot count as a day of…
Can I dismiss an employee during their probation period without following a full disciplinary procedure?
Merely being in a probation period does not mean an employee does not have legal recourse were they to be…
What are the Compensation limits on unfair dismissal and ‘a weeks’ pay’?
Tribunal compensation limits increase from 6 April 2019. The new rates are: Limit on guaranteed payments – £29 Limit on…
Increases in Statutory family and Sick Pay Rates from April 2019
Statutory Family Pay Rates: The weekly rate for statutory family pay rates increases to £148.68 for 2019/20. This rate applies…
How should I deal with a claim of sexual harassment at work?
Recent media coverage relating to sexual harassment at work has brought home the need for employers to ensure allegations of…
What is the difference between a conduct and capability issue?
Conduct at work is a different issue to that of capability. Capability is when an employee is unable to reach…
Can I ask a prospective employee to complete a medical questionnaire?
Yes, but only after a job offer has been made and only if it complies with data protection requirements. The…
How do I tackle the issue of an underperforming Employee?
What is poor or underperformance Underperformance, or poor performance, is a failure to perform the duties of the role or…
What is the timescale for holding a Disciplinary Appeal hearing?
There is no precise legal timescale in which a Disciplinary Appeal Hearing should be held. However, the ACAS code of…
Is it a legal requirement to issue a Contract of Employment?
An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month…
How will the National Minimum Wage increase in 2019?
From 1st April 2019, the national living wage is due to increase to £8.21 per hour. Hourly rates will be…
During a disciplinary or Grievance procedure, can anonymous witness statements be used?
Yes, although employers need to explore the reasons a witness may wish to remain anonymous and ensure the employee’s right…
Do I need to provide my employees with pay statements that are itemised?
From 6th April 2019, workers will be entitled to an itemised pay statement. Should employees have pay that varies, according…
Can I make a payment to employees for unused statutory holiday?
Under the Working Time Regulations 1998, the 5.6-week holiday entitlement cannot be replaced by a payment in lieu, excepting where…
What do I do if an Employee doesn’t attend work when it snows?
Some employers have in place a Severe Weather and Disruption to Travel Policy, or contractual clauses within the Employment Contract,…
How do I handle an Appeal against a Disciplinary sanction?
First check your Employment Contracts – If employers do not follow an appeals procedure that forms part of the contract…
Can I send a work email to my home email address without breaching GDPR laws?
Whilst it may previously have been commonplace to catch up on work by sending home work emails, this is a…
When is it appropriate to suspend an Employee?
On occasion, it may be necessary for an employer to suspend an employee (with full pay) while carrying out a…
How do I know the status of my worker who is engaged on a casual or zero hours contract
Whether or not a worker is engaged on a casual or zero hours contract, does not necessarily determine their employment…
What if my employee is off sick for more than 7 days but doesn’t provide a Dr’s note?
An employee can self-certify absence for the first 7 days of sickness, but a doctor’s certificate (i.e. a Fit Note)…
Carrying out investigations in the workplace
Problems can arise in any workplace and for varying reason. Making sure they’re dealt with fairly and consistently can necessitate…
How do I handle a Flexible Working request?
Although more employers are offering flexible working as an option for their workforce to assist in maintaining a healthy work-life…
Do I need to give statutory notice to employees on Fixed-Term Contracts?
A fixed-term contract will usually terminate at a specified date, or on the occurrence of a specified event, such as…
Should I ban Office Romances..?
Given the number of hours spent together at work, it’s inevitable that romantic relationships will occur between colleagues. This can…
Do I need to pay employees while they are on Jury Service Duty?
If an employee is called up for Jury Service then employers are required to allow time off to complete the…
How can I control my Employees’ Social Media?
Reputational damage, drunken tweets, or an unsavoury Instagram photograph let loose on the world in the small wee hours, are…
Tips to avoid Workplace Conflict
Conflict at work can take many forms and can lead to significant problems for businesses, including; resignations, reputational damage or…
What is the minimum statutory provision for paid holiday?
Workers are entitled to a minimum of 5.6 weeks’ paid annual holiday (i.e. 28 days for a worker who works…
What Statutory Maternity Pay records should I keep for employees?
The minimum information that employers are required to keep for each employee who receives statutory maternity pay (SMP) is: the…
Can I terminate an Employee’s contract on grounds of ill health?
Lack of capability, including when it is assessed with reference to health, is a potentially fair reason for dismissal under…
Prospective Employees and Medical Questionnaires
Can employers ask a prospective employee to fill in a medical questionnaire? Yes, but only after the employer has made…
Individual Redundancy Consultation Meetings
What should employers discuss with employees at Individual Redundancy Consultation meetings? The Employer should: Hold a number of consultancy meetings…
Overtime and Holiday Pay
When do employers need to include overtime in holiday pay? Holiday pay must be calculated on the basis of an…
Maximum Workplace Temperatures
Is there a maximum workplace temperature beyond which employees should not be expected to work? The Workplace (Health, Safety and…
Employee references and consent
Must employers obtain consent from an employee before providing a reference? Providing a reference is likely to involve processing personal…
Redundancy and re-employment waiting period
How long does an employer need to wait before re-employing an employee whose role was made redundant? Once employment has…
Bank holiday entitlement for part timers – how do I calculate it?
Most bank holidays fall on a Monday or Friday, so part-time employees who do not work on these days could…
Do employee contracts need amending to comply with GDPR?
No, it is not necessary for employers to amend the contracts of existing employees to comply with the General Data…
Auto-enrolment contributions on the rise
The other significant change is in respect of auto-enrolled workplace pensions, with minimum workplace pension amounts increasing in April 2018.…
Changes are coming… Employers prepare!
As of April 2018, changes are coming in, for which employers should be preparing now. Firstly, from 6 April 2018…