Occupational sick pay: HR guide
Managing occupational sick pay can often be complicated. The following guide for employers looks at the rules on occupational sick pay – including entitlement, rates and duration – and how this differs to statutory sick pay. We also look at what happens when sick pay comes to an end, and how both long-term and short-term […]
Grievance procedure steps
A grievance is a work-related complaint brought by an employee. Grievances should be used to bring issues to the employer’s attention for the matter to be investigated and resolved fairly. Examples of reasons for making a work-related grievance can include health and safety concerns, harassment from another member of staff, the behaviour of a line […]
Company in administration: employee rights
If your company goes into administration you will need to know about the rights of your employees and your liability for any outstanding monies owed to them on termination or transfer of their employment. It is also important that your employees know exactly where they stand with regards to their pay, pension and workplace rights, […]
Piece Work & Paying Per Task
Different types of working arrangements are being considered and adopted by employers as organisations respond to changes in the market. In some cases, this involves a combination of new and traditional practices that meet both the individual needs of the worker and the operational needs of the business. Piece work, in particular when performed at […]
Part time hours & workers’ rights: HR guide
Understanding what counts as part time hours is important in determining the rights and entitlements of your part time workers. Below we look at what is classed as part time hours and how – save except in limited circumstances – the law protects these workers from less favourable treatment than full time workers by reason […]
Employment case law update June 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal in redundancy Gwynedd Council v Barratt A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. A claim for unfair dismissal was brought by […]
Right to work from home: perk or new norm?
Following the coronavirus outbreak and UK lockdown, working from home has become prevalent across the economy. This shift towards a more flexible way of working brings both risks and opportunities for employers, who must ensure they meet their duties towards remote workers. Is there a right to work from home? Under current laws, there is […]
What are fair redundancy selection criteria?
The role of redundancy selection criteria is absolutely crucial in ensuring that any redundancy process is fair and lawful. The following guide focuses on how to choose and apply the most appropriate redundancy criteria for your company or organisation, including the risks for employers of getting this wrong. Identifying your pool for selection If you […]
Continuous employment: employer guidance
The continuous employment rules can play a crucial role in determining the employment entitlements of your workforce. It is therefore important to understand how these rules work and how they can potentially impact your decision-making when dealing with an employee’s workplace rights and terminating a contract of employment. What is continuous employment? Continuous employment refers […]
Probation Review: Tips For Managers
The reality is, the person who performed best at the interview may not necessarily turn out to be the best fit for the job. The probation period offers employers – and employees – a defined timeframe in which to decide if the ‘fit’ is right and the employment relationship is mutually agreeable. The purpose of […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Age discrimination: employers’ guide
Age discrimination, also known as ageism, is one of the most common forms of unfair treatment at work. Discriminating against an employee because of age can have serious practical and legal implications for your business, even where the discriminatory practice or conduct is unintentional. The following guide looks at age discrimination in the workplace, and […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Employment case law update May 2020
A number of key employment law cases of significance for employers have recently been decided. Pregnancy discrimination Camara v East London NHS Foundation Trust A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. The claimant (Camara) had worked as an […]
How To Prepare For An Employment Tribunal Preliminary Hearing
The importance of preparing for an employment tribunal preliminary hearing is not to be underestimated. While not designed to bring a workplace dispute to a conclusion, the preliminary hearing is intended to help parties prepare for the final hearing, and decisions can still be made that could affect your ability to defend a claim. The […]
Fit note guidance for employers
The following fit note guidance will help you as an employer to understand the rules relating to fit notes, and how you can use the information from a fit note to most effectively help your business and your employees when absent from work through illness. As an employer or line manager, the fit note can […]
Unlawful Deduction of Wages (Employers’ Guide!)
Part II of the Employment Rights Act 1996 sets out various statutory provisions that protect workers from unauthorised or unlawful deductions from their wages, including where an employer has underpaid the Minimum Wage. In practice, these rules limit when an employer can make deductions, require clear contractual or statutory authority, and give workers a statutory […]
Custom and practice in employment contracts
The relationship between an employer and their employees is typically considered to be set out in the employment contract between the employer and each employee. However, while a vital component of the employment relationship, the individual employment contract is not the only source of the parties’ rights and duties. Implied terms, including those arising as […]
Employment Tribunal Time Limits
The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation. Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]