Overpayment of wages: how to reclaim
The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid. In other words, the employer is legally entitled to recover any salary overpayment from the employee. This rule will also apply regardless of whether or […]
How To Suspend An Employee From Work
Suspending an employee may be appropriate if there have been serious allegations of misconduct made against them and it would be detrimental to the investigation of these allegations to have the employee remain in the workplace. It is crucial to keep in mind that suspension itself is not a punishment. Rather, suspension is a necessary […]
Verbal warning at work procedure
The following guide looks at the process that should be followed when a verbal warning at work is issued, including what constitutes a legally recognised warning within the context of fair disciplinary proceedings. What is a verbal warning? In circumstances where an employer has concerns about an employee’s conduct and/or performance at work, it may […]
Dealing with insubordination at work
Insubordination at work can be a serious matter, given its effect of damaging working relationships, undermining organisational authority and the potential to impact wider team morale. In this guide, we look at what insubordination at work means, with common examples of workplace insubordination and how employers should deal with employee insubordination. What is insubordination at […]
How to write a dismissal letter
If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]
Brexit transition period guide for UK employers
The UK leaves the European Union on Friday 31st January 2020 at 11pm. The Brexit transition period will then come into effect until 31st December 2020. This is the deadline by which the UK Government has to agree a deal with the EU as to the final terms of Brexit. Where no agreement is made, […]
New statutory bereavement rights for parents
Bereaved parents who have suffered the loss of a child will be entitled to two weeks’ statutory paid leave from work from 6th April 2020. New statutory parental bereavement entitlement The new Parental Bereavement Leave and Pay Regulations extend existing provisions under the Employment Rights Act 1996, which only allow employees to take ‘reasonable’ time […]
TOIL policy: managing time off in lieu
An effective TOIL policy can help ensure a consistent and legally compliant approach to managing time off in lieu for overtime. What is TOIL? TOIL stands for ‘Time Off In Lieu’. It refers to time off given to an employee to ‘replace’ any overtime they have already worked. Employees may earn the right to TOIL […]
Employment case law update: 2020 watch list
We look at some of the key cases in 2020 that may bring wide-ranging implications for UK employers. Casamitjana v League Against Cruel Sports The Claimant brought a claim against his former employer (The League Against Cruel Sports), an animal welfare charity. The Claimant alleged that his employment was terminated because he had disclosed to […]
Reducing Hours After Maternity Leave (HR Help!)
Many working mothers face the challenge of balancing childcare with work, so it’s not surprising that requests to change their hours of work to fit around their family needs are popular, especially when returning to work after taking maternity leave. How should an employer approach such a request? Do employees have the right to reduce […]
Disciplinary at Work (Procedure Guide)
Disciplinary action at work is the employer’s response to proven unacceptable behaviour or performance on the part of an employee, resulting in actions such as suspension or dismissal. Taking disciplinary action is just one part of the whole disciplinary procedure, and although it may be seen as an end point, it should be dealt with […]
ETO TUPE & making workforce changes
Under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulation, employees are afforded certain protections when their employment is transferred to a new employer. If your organisation is planning or has recently undertaken a business transfer, it will be important to understand how the law operates in this context, from the transaction itself and the […]
Agency Workers Regulations 2010: employers’ guide
As an employer, it will be important to understand the employment rules that apply to agency workers, compared to workers or employees who have been hired directly by you. The Agency Worker Regulations 2010 were introduced to remove discrimination facing agency workers in areas such as pay, holiday entitlement and working time conditions. The following […]
Good Work Plan: what you need to know
The following guide looks at the three main strands of the Government’s Good Work Plan, including what steps UK employers should be taking to assess and amend their current working practices to ensure they are compliant with the law. Background to the Good Work Plan Having been invited to develop proposals to improve the working […]
Recording conversations at work: HR guide
Is making a covert recording in the workplace sufficiently serious to justify instant dismissal? As the likelihood and occurrence of secret recordings in the workplace grows, it has become good risk management practice for employers to take pre-emptive measures to deter secret recordings and to provide clarity to the workforce on the organisation’s expectations and […]
Whistleblowing: employer guidance
Whistleblowing in the workplace is dealt with under the Employment Rights Act. The following guide looks at the law on whistleblowing at work, from what protection a whistleblower may be afforded to what an effective whistleblowing policy should include. What is a whistleblower? A whistleblower is an individiual who reports certain types of wrongdoing, typically […]
Employee shareholder status FAQs
An individual’s employment status will help to determine their rights within the workplace, as well as your responsibilities towards them as their employer. Below we look specifically at employee shareholder status, with guidance for employers on what this means and what conditions must be met to acquire this status – including the nature of the […]
Implied terms of employment: rules for employers
The contract of employment is a legally binding agreement between employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities. By understanding the nature of the employment contract, together with its constituent parts, not least the express and implied terms of employment, this will […]
Working Time Regulations (A Guide!)
The Working Time Regulations 1998 introduced, for the first time, rules of general application limiting working hours and providing for rest breaks and holidays. [toc] What are ‘workers’? The WTR only protects “workers”, defined as all those working under: A contract of employment; or Any other contract whereby the individual undertakes to perform any work […]
Employee rights during probation
The following guide for employers focuses on employee rights during probation. We look at how to manage probationary periods in the context of employee’s statutory and contractual rights, from setting targets and goals for new employees, as well as how to address any performance or conduct issues that may arise during the period of probation. […]