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 […]
Statutory Guarantee Pay For Lay-Offs
If your business is experiencing reduced demand, you might need to temporarily ask staff to stay at home. Although temporary layoffs are typically only used by employers as a last resort, they offer a temporary reprieve and more preferable alternative to making workers redundant. There are, however, risks associated with laying off staff. There is […]
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 […]
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 […]
Employment case law update April 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. COVID health & safety unfair dismissal Rodgers v Leeds Laser Cutting Ltd In what may be one of the first of many tribunal decisions relating to COVID health & safety dismissals, an employee […]
Health & safety unfair dismissal
A return to the workplace for many staff may raise health and safety concerns in light of the ongoing pandemic. In some cases, employees may even refuse to return to the workplace during this worrying time. The coronavirus presents a unique and unprecedented context for existing health & safety rules, which require employers to take […]
Do you have to offer a redundancy appeal?
The redundancy process should be fair at each stage to minimise the risk of tribunal claims. To what extent does this extend to a redundancy appeals procedure? The following guide for employers examines the benefits of providing a right to a redundancy appeal and the procedure that should be followed as a matter of best […]
Can a vehicle tracker be used in a disciplinary?
Vehicle tracking can help to boost the efficiency and productivity of a business, especially in monitoring a driver’s location and managing a fleet from virtually anywhere. As well as providing valuable, operational data, employers may also look to rely on vehicle tracking information as part of a disciplinary investigation. Can a vehicle tracker be used […]
IR35 changes & off payroll working rules
IR35 changes took effect on 6 April 2021, impacting how private sector organisations engage contractors for off-payroll working. The latest reforms were due to go live on 6 April 2020 but were postponed by a year in light of the coronavirus pandemic. Below we examine the nature and extent of the IR35 changes, and how […]
Employment Non-Solicitation Clauses FAQs
Non-solicitation clauses are used to prevent employees from taking clients, customers or members of staff with them when they leave an organisation and engaging in direct competition with their old employer. These clauses are a type of restrictive covenant and can appear in an employment contract or a settlement agreement. A non-compete clause, which seeks […]
Automatically unfair dismissal
It is a common misconception that an employee can be dismissed without the need to provide a fair reason and follow a fair process, as long as they have not yet accrued two years’ continuous service with their employer. On the contrary, however, there are certain circumstances in which a dismissal may be classed as […]
Employment case law update March 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Equal pay Asda Stores Ltd v Brierley Thousands of Asda shop floor workers have won the latest round in their legal challenge for equal pay. The case rests on the argument that store […]