Day: February 7, 2022

Employment law
Emma Browning

What is the Employee Companion’s role at a disciplinary or grievance hearing?

Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker’s case, sum up the case and respond on the worker’s behalf to any view expressed at the hearing. They must also be permitted to confer with the worker during the hearing. However, the companion has no right to answer questions on behalf of the worker, to address the hearing if the worker does not wish them to do so, or to prevent the employer from explaining its…
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Employment law
Emma Browning

What steps should an employer take where an employee is off sick for over a week but has not submitted a doctor’s certificate?

Most employers allow employees to self-certify their absence for the first seven days of sickness and require a doctor’s certificate now known as a fit note, only for longer absences. If an employee is absent without a fit note, where they been sick for more than seven days, the employer may be entitled to withhold either contractual sick pay or statutory sick pay (SSP), although there were temporary measures in place only until the 26th January 2022, due to the Covid Pandemic. On 17 December 2021, the Government introduced regulations…
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Employment law
Emma Browning

Can an employer withdraw a job offer on receipt of a poor reference?

Yes, provided that the job offer is conditional on receipt of satisfactory references, the employer can withdraw the offer if it receives a poor reference, without this amounting to a breach of contract. Make sure that your offer letter includes the statement that your offer of employment is conditional upon the receipt of satisfactory references or any other requirements you may have such as the right to work in the UK, a satisfactory pre-employment health questionnaire, or a clean driving licence. An employer that receives a poor reference may wish…
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Employment law
Emma Browning

Can we stop contractual sick pay to employees having to self-isolate if they are unvaccinated?

If you have stopped watching the news as so many people have these days, you may have missed this recent story in the press and social media. There are a number of companies such as Ikea, Next, Morrisons and Ocado who have withdrawn contractual sick pay for unvaccinated staff who have to isolate as a contact of someone with Covid, limiting their pay to statutory sick pay (SSP) only for the isolation period.  There are also reports that many other companies will follow suit. Ikea have reportedly been clear that…
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Employment law
Emma Browning

What is an employee’s holiday entitlement if an extra bank holiday is granted one year?

If an extra bank holiday is announced to mark a particular occasion, for example a royal wedding or the Queen’s Platinum Jubilee, as we have been given this year, whether or not employees are entitled to an additional day’s holiday will depend on the wording of the employment contract. Employees do not have an automatic right to paid time off on a bank holiday. If the employment contract states that the employee’s annual leave entitlement is a certain number of days plus bank holidays, they will be entitled to the…
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