Before June 2014, employees needed to meet fairly fixed eligibility requirements in order to have the right to request flexible working, such as having caring responsibilities for either a child or an adult in need of care.Now, to be eligible to request flexible working, an employee only needs to have served 26 weeks’ continuous service…
If the contract includes a Pay in Lieu of Notice (PILON) clause, the employer can terminate the contract and make one payment that represents the money that would have been paid during the notice period.If there is no PILON clause, then doing this without the employee’s prior agreement would amount to a breach of contract…
There has been increased use of email, internet and telephone monitoring by employers in recent years. However, before you can do so, you need to make it absolutely clear to employees that they are being monitored and bear in mind that in an Employment Tribunal, the court will consider whether the employee has enjoyed a…
Employers cannot deduct pay from an employee as a disciplinary sanction unless there is a contractual disciplinary procedure that includes this as a possible sanction for gross misconduct. Otherwise to take this course of action would be an unlawful deduction from wages. Employers may only deduct money from wages if it is for PAYE and…
The simple answer is ‘yes’. Employees engaged on zero-hours contracts have the same legal protections as more traditional full-time employees and are entitled to paid annual leave during employment. Zero-hours workers are also entitled to paid leave upon termination of employment, should there be any accrued leave that hasn’t been taken. Zero-hours workers continue to…
…and other HR TIPS to help employers avoid issues during the Christmas Season Communicate any compulsory closing dates to employees early in the year – as this can affect annual leave entitlements Review annual leave entitlements for the year and ensure employees have taken their full leave entitlement or, whether they are allowed (in line…
Yes, from day one of employment all employees have the right to time off for dependants. Time off for dependants is time off during working hours to deal with unforeseen matters and emergencies. A dependant is someone who depends on the employee for care and could be a spouse, partner, child, parent, or someone else…
Yes, an employer can advertise a vacancy resulting from the dismissal of an employee without waiting for the outcome of the employee’s appeal. However, should the employee successfully appeal the dismissal decision, this could lead to a problematic situation for the employer, should a job offer have been made to a successful candidate during the…
Yes, although employees have the right to statutory annual leave, employers can say when leave can or cannot be taken. Some organisations have shut-downs when employees are required to take leave and others may stop employees taking leave during busy periods at certain times of the year. To avoid issues cropping up at busy times…
Should an employee make a claims unfair dismissal, the employer must show that it had a potentially fair reason for dismissing the employee and furthermore, that it acted reasonably in all the circumstances in dismissing for that reason. The potentially fair reasons for dismissal are; capability; conduct; redundancy; contravention of a statutory duty or restriction;…