Zero Hour Contract Notice Period
Notice periods can be difficult to navigate, particularly in relation to zero-hours contract workers. It is important for employers to remember that, in spite of the flexibility a zero-hours arrangement can bring to your organisation, the individuals who work for you in this way are nevertheless entitled to rights relating to pay, annual leave and […]
Offering voluntary redundancy
Employers should consider all workforce options before pursuing compulsory redundancies. This includes offering voluntary redundancy. As a way to reduce headcount, ‘self-selection’ for redundancy can bring a number of benefits. Voluntary redundancies are generally more straightforward to deal with than compulsory redundancies, and entail less stress and animosity between the employer and affected employees. This […]
Dependency leave: guide for employers
This guide for employers looks at the rules relating to dependency leave, including who counts as a dependant and how best to manage requests for dependency leave. What is dependency leave? By law, the employee has relatively limited statutory rights when it comes to dependency leave, although establishing exactly when and to what extent these […]
Without prejudice & protected conversations
Without prejudice and protected conversations have become an essential part of the HR toolkit, but they have to be used with care to avoid further issues arising. If you are looking to bring an employee’s contract of employment to an end, you may want to have an off the record chat with a view to […]
Resolving pay disputes (HR guide)
Pay disputes at work require swift action on the part of the employer to understand the reason for the complaint, and to identify and rectify any issues or errors. The following guide on pay disputes sets out employees’ rights and entitlement to pay and the basis upon which a claim for unpaid wages could be […]
Collective Consultation (Redundancy Guide)
Consultation with any affected employees is a requirement in any redundancy situation, but where an employer is considering collective redundancies, a collective consultation exercise may also be required. Failure to comply with the legal requirements for collective redundancies can be a costly error and may also adversely affect employee morale and the business’ reputation in […]
Mutuality of obligation & worker status
Mutuality of obligation is an important concept in employment law, as it forms a key part of the criteria used by tribunals for determining the employment status of an individual. Below we examine this concept in more detail, including how this is applied in the context of HMRC’s IR35 off-payroll working rules. What is mutuality […]
Maternity leave: employers’ guide
Employers have to meet a number of legal responsibilities when an employee is on maternity leave. Managed well, the period of maternity leave can improve morale, provide reassurance to your employees during their absence and contribute to a positive employer brand as a business that values its staff. Failure to meet your obligations and poor […]
Individual redundancy consultation: HR help
The process of managing individual redundancies differs from that of collective redundancies, including the individual redundancy consultation requirements. This makes it important for employers, HR and managers to understand the difference and follow the correct and lawful procedures to avoid tribunal claims. Making an employee redundant Employees become redundant if you are no longer carrying […]
Some Other Substantial Reason & Lawful Dismissal
As an employer, if you are looking to dismiss an employee, you will need a lawful reason to do so, otherwise run the risk of facing an unfair dismissal claim. In this guide, we look at what ‘Some Other Substantial Reason’ means and how, in practice, this can be applied by employers to establish a […]
Pre-employment overseas criminal record checks
Carrying out pre-employment checks for migrant workers can not only be crucial to ensuring that you are hiring someone trustworthy and reliable, but in ensuring that your chosen candidate is likely to be successful in their application for a work visa if you are looking to sponsor them. In this guide, we examine the rules […]
Written warning: disciplinary guide
An employer can give a written warning to an employee where they have breached the organisation’s disciplinary code, or their work or conduct has fallen short of what is expected. Employers however have to ensure they follow a fair and lawful disciplinary process to avoid the risk of tribunal claims. This guide offers employers further […]
Directors’ conflict of interest: how to comply
Directors operate under a number of duties as prescribed by law. In particular, directors must take positive actions in respect of any potential or actual conflict of interest. This duty is placed on the individual director and not the company. Failure to comply can lead to serious consequences, including criminal proceedings. Broadly speaking, there are […]
Employment Rights Act 1996: HR Guide
The Employment Rights Act 1996 (ERA) sets out and governs the majority of statutory employment rights in the UK. In this guide for employers, we outline the key provisions of the Act and the obligations it places on employers, or risk legal action. What is the Employment Rights Act 1996? The Employment Rights Act 1996 […]
Time Off in Lieu (TOIL): Employer Legal Guide UK
Time off in lieu (TOIL) is widely used across UK workplaces as a flexible way to manage operational peaks, reduce overtime expenditure and provide workers with additional rest time when business needs allow. When applied correctly, TOIL can support employee wellbeing, maintain productivity and give employers a lawful mechanism for managing fluctuating workloads. When mismanaged, […]
Associative discrimination: what employers need to know
The Equality Act 2010 was introduced to protect employees from discrimination. The Act protects 9 characteristics that employers, businesses and organisations cannot discriminate against. Any form of discrimination — whether direct, indirect, victimisation or harassment — against these characteristics is unlawful. The nine protected characteristics in the 2010 Act are: Age Disability Gender reassignment Marriage […]
MAT B1 form & managing maternity
Understanding the employment rights of your staff is one of the most important responsibilities when it comes to being an employer, including an employee’s right to maternity leave and maternity pay. However, it is also important to understand your own rights, as an employer, when it comes to staff notifying you that they are pregnant, […]
Employment tribunal rules for employers
If a workplace grievance or dispute cannot be resolved informally between an employer and an employee, an employer may find an employment tribunal claim being brought against them by the employee which they are forced to defend. It is therefore good practice that an employer is familiar with the employment tribunal rules and procedures, should […]
What to do if an employee is skiving off work
Sickness absence is an inevitable part of managing a workforce. But what if you suspect someone isn’t being honest about why they’re not at work? Or what if someone is at work but is deliberately not giving their full effort? Skiving off work can be damaging to a business and can negatively impact other employees. […]
Dealing with unauthorised absence from work
While most instances of employee absence will be for legitimate reasons, there may be times when an employee simply fails to show for work or to make contact with their employer without a reasonable excuse. Unauthorised absence can quickly become problematic if not handled correctly and consistently. In this guide, we look at how to […]