Day: May 26, 2022

Policies and procedures
Emma Browning

Q: Are employers required to provide a prayer room for staff?

Employers are not specifically required to provide a prayer room. However, if a quiet place is available, and allowing its use for prayer would not cause problems for other workers or for the business, the employer should agree to it being used for the purposes of religious observance. Where an employee’s religion requires observance of particular prayer times during the working day, this should be respected wherever possible. Willingness to accommodate the religious needs of employees is likely to be in the employer’s interests, as it will help maintain the…
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Policies and procedures
Emma Browning

Q: Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period?

Yes, an employer can require an employee to repay the whole or part of their contractual maternity pay if they do not return to work for a minimum period after their maternity leave has ended. To avoid any mis-understandings, it would need to have been specified in their contract of employment, your Maternity Policy and also clearly stated in their letter confirming their maternity leave start and end dates. However, the employer cannot require the employee to repay the part of their pay that relates to statutory maternity pay or…
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Employment law
Emma Browning

Q: What is IR35 and what do we need to do to make sure we are not in breach of IR35?

In its simplest terms IR35 is a piece of legislation put in place to ensure that self employed workers/contractors are truly self -employed and not disguised “workers” or “employees” if the self employed person is in fact an employee or a workers, then you would be required to make NI contributions, pay a contribution towards their pension and they would also have to pay Tax on their earnings. The extension of the IR35 rules to the private sector took effect on 6 April 2021. However, HMRC have stated that it…
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Culture and change
Emma Browning

Want to know what keeps people at your company?

Sounds obvious doesn’t it – just ask them – but you’d be surprised by how many employers don’t! We’re all familiar with exit interviews as a chance for employees to openly share their experiences working with an organisation as they make their way out the door. While this is a vital tool in gathering data to assess what prompts an employee’s exit, it’s too late at that point to retain them. Enter the stay interview — an opportunity to engage in a one-on-one conversation to ask current employees, “what keeps…
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Culture and change
Emma Browning

Are you a Great Employer?

There have been many HR challenges in the last 24 months and significant changes to your working practices can’t be achieved overnight, but that doesn’t mean that you shouldn’t be trying to be a great employer offering your staff a great place to work! If you have some big goals to smash this year, the chances are those goals need your people to be giving you their absolute best. Are you doing what you need to do, to make sure your team are a high performing team and fully engaged…
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Employment law
Emma Browning

Q: If an employee is off sick on a bank holiday, do we need to pay them for the Bank Holiday or give them additional time off?

The employee’s entitlement will depend on whether or not the bank holiday forms part of their statutory holiday entitlement under the Working Time Regulations 1998 (SI 1998/1833). Under the Regulations all workers are entitled to 5.6 weeks’ paid holiday in any leave year. Where an employer grants employees the minimum holiday entitlement under the Regulations (5.6 weeks) and this includes bank and public holidays, a bank holiday will form part of the employee’s statutory holiday entitlement. In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the European Court of…
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