Short time working: employer guidance
Short time working is when you reduce the hours of some or all of your employees, or pay them less than half a week’s pay. This could be during periods of lower demand or slowdown in the amount of work available. The employee should receive full pay unless their contract allows unpaid or reduced pay. […]
Retention of HR records
All employers, regardless of their size, will need to collect and retain certain data relating to each member of staff that they employ. HR records can cover a wide range of data relating to working for an organisation and arising naturally throughout the lifecycle of a person’s employment, from their job application and proof of […]
Attachment of Earnings Order (Employers’ Guide)
Attachment of earnings orders are used to enforce non-payment of county court judgments or unpaid magistrates’ fines. They are administered by employers, who must meet certain obligations for the order to be effective. What is an attachment of earnings order? Where a creditor has obtained a county court judgment (CCJ) for monies owed by a […]
How to write a redundancy letter
Employers have to act fairly and lawfully when making employees redundant. Communication with affected employees will be critical as you move through the redundancy process, to update employees, meet your legal obligations and avoid the risk of tribunal claims. Role of the redundancy letter Written notices will typically be needed to notify and inform employees […]
Directors’ remuneration: best practice guide
Directors’ remuneration refers to how directors of a company are compensated by a company for their services usually fees, salary, use of company property or other benefits. The packages are first approved by shareholders and the board of directors. A number of regulations apply to how directors can be compensated, as well as best practices which […]
Directors Service Agreements Explained
When appointing a company director, the directors’ service agreement should be used to ensure the individual complies with their duties and that your business’s interests are protected. What is a directors’ service agreement? Directors have specific statutory duties and responsibilities in relation to the organisation, which should be addressed within a directors’ service agreement. In […]
How to avoid redundancy
Employers have to take steps to avoid redundancy by considering alternative measures. It is also generally in the organisation’s interests to exhaust all alternatives to redundancy, given the legal risks and impact on workforce morale that inevitably come with undertaking a redundancy process. The options to consider will depend on the employer’s reasons for redundancy and […]
Avoiding discrimination in recruitment
Under the Equality Act 2010, individuals are protected from unlawful discrimination in the workplace. Unlawful discrimination refers to unfair treatment because of a particular protected characteristic. These protections apply across the employment lifecycle, from the initial recruitment and selection stage, right through their period of employment to contract termination. This means an individual who has been discriminated […]
Discrimination in Recruitment & Selection
The Equality Act 2010 protects individuals from discrimination throughout the employment lifecycle, from recruitment through to contract termination. This means that even before an employment relationship is created, job applicants are protected by law from unfair treatment during the recruitment and selection process. If an employer breaches the provisions under the Equality Act, they risk a […]
Employment case law update February 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 Uber BV v Aslam & Others The Supreme Court has upheld earlier courts’ rulings in a landmark decision that confirms Uber drivers are ‘workers’ and not self-employed subcontractors. The Court unanimously […]
Employee signed off work with stress
Stress-related sickness absence has become increasingly prevalent in the workplace. Employers face a balancing act between supporting their employees’ wellbeing while minimising the risk of operational disruption and impact on other employees resulting from individuals being signed off work with stress. The pandemic in particular has placed unprecedented pressures on workers, whether adapting to remote […]
Withdrawing an offer of employment
Withdrawing an offer of employment is a decision not to be taken lightly. Before you take action, ensure you understand the legal risks of rescinding a job offer. In most cases, it is unlikely that an employer would want, or need, to withdraw a job offer once it has been accepted. However, even where an […]
Job restructuring rights: employers’ guide
Making changes to your organisational structure can raise a number of employment and HR issues. If the restructure involves a reduction in the workforce, the employer must ensure they are following the correct legal procedures and meeting employees’ rights through the process. Restructuring & redundancy By law, if you make an employee redundant it must […]
Workplace stress & employer duty of care
Employers are under a legal duty to assess the risk of workplace stress for their workers and to take appropriate action to ensure their wellbeing. In addition to meeting the duty of care, employers should be concerned with the wider implications of work-related stress. Stress can significantly impact a business and its workforce, affecting absence, performance and […]
Term time only contracts holiday pay rules
Calculating part-time workers’ holiday entitlement can quickly become a complicated matter. There is no single piece of legislation or guidance on the approach to take. However, employers are under an obligation both to ensure term-time workers receive at least the statutory minimum entitlement of 5.6 weeks’ paid annual leave a year, and that they are […]
Employment case law update January 2021
A number of key employment law cases of significance for employers have recently been decided. Tribunal Powers of Disclosure Sarnoff v YZ The Court of Appeal has held that the employment tribunal (ET) does have the power to make an Order for Disclosure against a party who is not present in Great Britain. Mr Sarnoff […]
Employing casual workers
The term ‘casual worker’ describes an individual who is not part of a business’s permanent workforce. Casual workers typically supply services on a flexible or irregular basis, usually to meet varying demand for work. It is not defined in employment law, rather, it is a catch-all phrase used to describe someone who does not have […]
Dismissing a Director of a Limited Company
Dismissing a director of a limited company can raise complex and sensitive legal issues. Many directors are also employees or shareholders, so before terminating a contract and dismissing them from office you will need to understand the legal implications of dismissal to avoid the potential for a dispute and exacerbating a contentious exit. Check the […]
Failure to make reasonable adjustments
A failure to make reasonable adjustments refers to a breach of the employer’s duty to ensure that workers and applicants are not substantially disadvantaged in carrying out or applying for a job because of a disability when compared with people who do not have a disability. This is a statutory duty that most employers are […]
How to manage recruitment immigration risks
For employers, the option of recruiting from the global talent market can be critical to maintaining operations and, importantly, competitive advantage. But UK employers face increasing recruitment immigration risks when hiring non-UK nationals. Penalties for employing illegal workers and failing to comply with your immigration duties are substantial and best avoided. Fundamentally, your recruitment practices should enable […]