Day: July 12, 2022

Employment law
Emma Browning

How do I deal with a grievance that an employee has raised?

We have seen a significant increase in the number of grievances that we are being asked to manage. Why this is, we are not entirely sure, but what we can be sure about, is that if not handled well, they can often lead to a constructive dismissal claim or discrimination claim from an employee. By law, every company should have a grievance policy. The formal, written document should let employees know who they should contact with their grievance, the process of dealing with the grievance and how to appeal should…
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Employment law
Emma Browning

Can an employer ask a prospective employee to fill in a medical questionnaire?

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some exceptions). If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offer of employment, it must ensure that it has a legal basis to do so under the UK…
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Employment law
Emma Browning

In what circumstances can an employer reject a request for flexible working?

Employees have a right to request flexible working once they have been employed by you for 26 weeks or more. However, there is a lot of speculation that the 26 week limit may be removed – so watch this space! An employer can refuse a statutory request for flexible working if the refusal is based on one or more specific grounds as noted below. The list of grounds for refusal, as set out in s.80G(1)(b) of the Employment Rights Act 1996, is drafted in very broad terms. The specified grounds…
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Employment law
Emma Browning

How long must an employer consult with employees for when seeking agreement to change their contracts?

An employer should always consult individually with employees with a view to obtaining agreement to changes to their contract of employment, and the employer may also have an obligation to consult collectively depending on the number of employees the changes affect. The length of the individual consultation period required will depend on several factors, including the number of employees involved, the nature of the proposed change and the employees’ responses to the changes. There is no minimum time frame for individual consultation. If the employees agree to the proposed changes,…
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