Day: November 1, 2021

Policies and procedures
Emma Browning

I have an employee who was on sick leave just before they went on holiday and I have now seen pictures of him on holiday, having a whale of a time. What can I do?

If an employee is suffering from an illness or an injury, they are entitled to take time off work. However, whether going on holiday while on sick leave is acceptable will depend very much depend on the nature of their illness or injury and the circumstances involved. Going on holiday, can often be justified, especially if the employee is suffering from stress or some other condition affecting their mental health. In this context, taking a holiday may actually help with their recovery and facilitate a speedier return to work. However,…
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Employment law
Emma Browning

I have two employees who are setting up in business in competition to me and have just resigned! I don’t know what to do, but I don’t want them to continue working for me, can I just ask them to leave today?

Leaving a job and setting up a competing business in direct competition to your business is extremely high risk for the now ex-employees and for you, their employer. The first thing to do is to look at their contract of employment. If it contains restricted covenants that actually prevent an employee from setting up a business in direct competition when they leave the company, they could be in breach of contract. There could also be restrictions prohibiting moving and working with another individual that they worked with at a previous…
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Policies and procedures
Emma Browning

I have an employee who has been diagnosed with Cancer. How do we deal with this from a pay perspective and as an employer that wants to be supportive?

Being diagnosed with cancer is an extremely stressful and worrying time for an employee and their family. They will not only be worrying about their health but also how their diagnosis may impact their work-life and career, and of course their ability to pay their monthly bills. As an employer, it is important to know that when an employee is diagnosed with cancer, they will be considered “disabled” under the Equality Act 2010 and therefore protected against discrimination. I would like to think that every employer would be compassionate in…
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Employment law
Emma Browning

I’m a small business, so I want to work with some freelancers to help me when I am busy, can you provide me with an agreement to do this?

Hiring a freelancer either as you are starting out in business or as you continue to grow can be a great alternative to taking on permanent employees, until you have a clear picture and evidence of what resource you need. The number of freelancers in the UK is growing, which means there are plenty of people available with a wide range of skills that may be appropriate for your company and the job you need to get done! There are some benefits to hiring a freelancer: They will be an…
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Culture and change
Emma Browning

We are all working flexibly from home now, so I want to employ someone in France / Spain / Mexico. How do I go about this?

Whilst many companies are continuing to work flexibly from home or have a hybrid model of office/home based working, several of our clients are starting to consider employing staff from abroad due to the many staff shortages we are experiencing in the UK or reviewing whether current employees can work from other locations such as family homes outside of the UK. This can be a great way to get the best talent into your business. However, where an individual works has a number of legal considerations including tax (both corporate…
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