Notice period to change employment contract terms
Changing an employee’s contract of employment is not something you can usually do without their consent. Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient […]
Employees’ relocation rights: HR guide
Whether organisations are moving to bigger premises, for financial reasons or to be nearer to customers, the relocation process is invariably complex, carrying a number of risks and challenges for human resource teams. The priority should be retaining key personnel and maintaining a positive and productive workforce through the relocation process, while reducing legal risk […]
Disciplinary Meeting: How Employers Should Prepare
The disciplinary meeting is a critical stage in an organisation’s disciplinary procedure, as stipulated by ACAS in its Code of Practice. Even in seemingly straightforward cases where there is perceivable compelling evidence against an employee, a fair process must be followed. Where an employer fails to meet the required standards, they risk allegations of unfair […]
Types of disability discrimination
It is unlawful to discriminate against an individual in the workplace by reason of disability. Discrimination issues typically relate to flawed or inconsistent organisational policies, procedures or practices that have failed to accommodate people’s physical or mental impairments as required by law. Understanding and recognising different types of disability discrimination can help employers take a […]
Capability dismissal: guide for HR
Capability dismissal refers to an employer terminating an employment contract on the basis of poor performance where they have a reasonable belief that the employee is unable to carry out the duties required of them to the expected standards. Employers are permitted to lawfully dismiss employees by reason of poor performance and capability, but they […]
Dismiss for poor performance: steps to take
Before an employer can lawfully dismiss an employee for poor performance, they must first show they have followed a process to allow the employee the opportunity to improve and meet the standards required in their role. The Acas Code of Practice provides guidance to help employers ensure their obligations towards their employees are met during […]
Disciplinary hearing: guide for employers!
Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary hearing with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully. We look at how employers should prepare […]
Poaching Staff (Can We Stop Our Competitors Taking Staff?)
Poaching staff and hiring talent from a competing company can help bring commercial and tactical advantage to your business. But if it is your employees that are at risk of being ‘poached’, this can have a devastating effect on your business, not least where a particular individual or team of employees are highly valued within […]
Dress Code at Work (Do Employers Have a Say? )
Having a dress code at work does not apply to every workplace however in some industries you have to dress a certain way. Whether it is due to health and safety regulations or to maintain a corporate image, as an employer you have the right to enforce a dress code at work as long as […]
Gross Misconduct in the Workplace (A Guide!)
When an employee commits an act that is so bad it warrants immediate dismissal, this is often referred to as ‘gross misconduct’ in the workplace. In some cases, an employer may be in their right to dismiss the employee without any notice and without having to offer them any extra pay. A lot of different […]
What is Constructive Dismissal (A Short Guide!)
Constructive dismissal is a common type of claim brought before employment tribunals. Constructive dismissal occurs where an employee resigns as a result of their employer having breached their employment contract, which causes the employee to reasonably believe that continuation of employment is impossible. What is constructive dismissal? Grounds for a constructive dismissal claim Not every breach […]
Redundancy Process for Less Than 20 Employees
The redundancy process for less than 20 employees is different than if you’re making 20 or more employees redundant within any 90-day period because for 20 or more employees you must follow ‘collective consultation’ rules. Redundancy occurs when an employee’s job no longer exists. There are many reasons behind it, including an immediate need to […]
Auto Enrolment Pensions (An Employers Guide!)
Since the introduction of the Pensions Act 2008, all UK employers are required to enrol certain employees in an auto enrolment pensions scheme and contribute towards it. This is known as Auto Enrolment. If your business employs 1 or more workers aged between 22 and the state pension age and earning over £833 per month […]
Staff Handbook (What it Needs to Include!)
A staff handbook, otherwise known as an employee handbook, employee manual or company handbook, is designed to provide employees with information relating to their working conditions over and above that contained within the contract of employment. Although the employment contract will set out the core terms and conditions governing the working relationship between you and […]
Dismissing an Employee with Less Than Two Years Service
It is trite law that an employee has the right not to be unfairly dismissed, albeit subject to the qualifying service rule as set out under the Employment Rights Act 1996. As the law currently stands, an employee will require a period of continuous service in your employment for ‘not less than two years ending […]
Grievance Procedure (Employer Responsibilities!)
Despite best attempts to nurture a happy and well-treated workforce, there can be instances where an employee encounters an issue which needs to be addressed. To make sure employees have the best chance of receiving a satisfactory outcome, improve company moral, and avoid potential tribunals, employers must establish a strong and clear grievance procedure. A […]
Contract of Employment (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law and to ensure that when taking on new staff, or renewing contracts for existing staff, that your practices comply with current legislation. As such, it is incumbent upon you to ensure that you provide a legally compliant contract of employment, […]
Early Conciliation in Employee Disputes
When faced with an employee dispute early conciliation can be one of the most expeditious and cost-effective methods of resolution for all parties involved. In this way both you and your employee, or ex-employee, may avoid the time, expense and stress associated with employment tribunal proceedings. What is early conciliation? Early conciliation is a system […]
What is the Minimum Wage? (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law, not least the requirement to pay eligible workers the national minimum wage – and to do so in accordance with the correct rate. No matter how small your enterprise, you are statutorily obliged to pay almost all workers the […]
Sick Pay Entitlement
Most employees who are absent from work due to illness are entitled to some kind of sick pay entitlement. Broadly speaking, an employees’ sick pay could take one of two forms, Statutory Sick Pay (SSP) or occupational sick pay. SSP is the legal minimum sick pay requirement, while occupational sick pay is a contractual term […]