Malingering, fake illness & disciplinaries
If an employee is genuinely sick or injured, they are entitled to take time off work to recover. If an employer suspects an employee of malingering, and that they may not be genuinely ill or as ill as they claim, the employer can take steps to deal with the concerns. The following guide looks at […]
Vaping at work rules
The use of e-cigarettes, or vaping, has increased in popularity over recent years. Where does this leave employers and what approach should they take to vaping at work rules? The following guide for employers on vaping at work looks at what the law says and whether employers should allow employees to use their e-cigarettes on […]
Employment case law update June 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Unfair dismissal Accattatis v Fortuna Group (London) Ltd Mr Accattatis was employed by Fortuna Group, a UK company distributing PPE. During the first lockdown, he made a request to work from home due […]
Fire and rehire rules (employers’ guide)
‘Fire and rehire’ refers to when an employer dismisses an employee and rehires them on new terms. The new terms are generally less favourable for the individual than under their previous contract of employment. Firing & rehiring is a tactic typically used by employers who wish to vary the terms of their employees’ contracts but […]
Can an employee refuse training?
Encouraging employees to progress with their personal development and within your business can help to unlock productivity and boost performance, especially if an individual is willing to undertake additional training relevant to their job role. Training can also form a crucial part of a particular role, although not all employees will be willing to undertake […]
Disciplinary procedure guide for managers
Embarking on a formal disciplinary procedure may become necessary to ensure that any unacceptable or improper behaviour at work, or poor performance matters, that cannot be resolved informally, are appropriately addressed in a fair and lawful manner. The following guide for employers, line managers and HR personnel examines the rules relating to disciplinary procedures, providing […]
Can you ask staff to work weekends?
It is not uncommon for employers to ask employees to work weekends, including Sundays, especially in the retail and hospitality industries. However, there are certain rules and restrictions that must be taken into account, including those on Sunday working and the ‘working time’ rules. The following guide for employers looks at working weekend laws in […]
Paternity leave & pay rules
Employers have to meet a number of legal responsibilities when an employee is on paternity leave. We look at what employers should do to support their employees while ensuring compliance with the rules on paternity in the workplace. Employee paternity rights Where an employee is expecting a baby and will have paternal responsibility for the […]
Statutory guaranteed pay rules
Although temporary layoffs are only likely to be used by employers as a last resort right if their business is facing reduced demand, they remain a viable alternative to redundancy. However, there can be risks associated with laying off staff. There is also typically a legal obligation to pay employees a minimum amount of money […]
Can employers refuse parental leave?
As an employer you are legally bound to consider any request for parental leave made by an eligible employee, and undoubtedly will want to encourage a healthy work/life balance, although equally you will need to ensure that any such request does not significantly interfere with the running of your business. The following guide for employers […]
When does TUPE not apply?
The law on transfers of undertakings is intended to support a relatively simple underlying purpose: to protect and preserve an employee’s rights if the business that employs them changes hands. The legislation itself, however, is notoriously complex and technical. It is therefore important, especially for the incoming employer, to understand when and why the statutory […]
Is same job, different pay allowed?
By law, men and women in the UK must generally receive equal pay for doing equal work. This means that a person must not get paid less compared to someone of the opposite sex doing the same or similar work, or work of equal value, for the same employer. However, there are exceptions to this […]
Employment case law update May 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Employment status Somerville v Nursing & Midwifery Council In Somerville v Nursing Midwifery Council, the Employment Appeal Tribunal considered the test to determine worker status. The claimant was appointed as a member of […]
Can you refuse or cancel a holiday request?
Employees have the right to a certain amount of paid time off work. It is a common mistaken belief that an employer cannot either refuse an employee’s holiday request, or even cancel it. But in reality, employers reserve the legal right to refuse leave requests as they see fit. Employers and managers have to take […]
Sabbatical leave: give your employees a break
Sabbatical leave is defined as a period of time, over and above normal annual leave entitlement, in which an employee does not attend the workplace or undertake any tasks but remains employed by the company. Sabbatical leave is usually taken by individuals who want to pursue personal interests, such as travelling, studying, or volunteering. The […]
Dealing with misconduct at work
Misconduct at work relates to behaviour deemed by an employer to be unacceptable in the workplace environment. Misconduct can have the effect of damaging a business’ reputation as a fair employer or a trustworthy company to deal with. It can cause damage to the property and belongings of the business and can lead to complaints […]
Probation period guidance
However thorough you believe your recruitment processes to be, it probably isn’t perfect, and you could still end up with someone who doesn’t fit into the culture of your organisation, or who underperform. Probation periods give you the chance to assess new workers in situ for the stipulated trial period. Common reasons for employers finding […]
Government Proposes New Animal Welfare Laws
The UK Government is set to publish a number of new draft animal welfare and protection laws. The proposals include a new Animal Sentience Bill, which would give vertebrate animals the legal right to feel happiness and pain. The new law would recognise ‘sentience’ in animals with a spinal cord, which means they are recognised […]
Employee liability information & TUPE
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE), are designed to protect employees if the company by which they are employed changes hands. First passed in 1981, the regulations were updated in 2006, with further amendments in 2014. Its purpose is to seamlessly transfer employees, and any liabilities associated with them and their terms […]
Hands-Free Driving to be Allowed on UK Roads This Year
‘Self-driving’ cars are set to become legal on roads in the UK by the end of 2021, according to the Government. The Department for Transport has said new legislation is being put forward that will allow hands-free driving using automated lane-keeping systems (ALKS) technology. The current proposal is limited to autonomous cars with ALKS technology […]