28th September 2023

Q. Must an employer disclose notes and witness statements produced during a grievance or disciplinary procedure if an employee requests them?

Employees have the right under the UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) to request access to information about them that is held on file, whether manually or on computer. For example, an employee who has raised a grievance and is not satisfied with the outcome may request copies of the written evidence on which the decision was made, including statements obtained from witnesses; or an employee about whom a grievance has been made may request evidence relating to the complaint. The employer can refuse to…

28th September 2023

Q. When can an employer dismiss an employee on the grounds of ill health?

Lack of capability, including when assessed with reference to health, is a potentially fair reason for dismissal under s.98 of the Employment Rights Act 1996. The employer must show that it acted reasonably both in treating the long-term ill health as a sufficient reason for dismissing the employee and in the procedure adopted to effect the dismissal. When an employer is considering dismissing an employee on grounds of long-term ill health, it should investigate the prospects of the employee being able to return to work within a reasonable time. A…

28th September 2023

Q. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave?

Where an employee who is subject to disciplinary proceedings is absent due to a short-term illness, the most appropriate course of action is likely to be for the employer to postpone the hearing until the employee is well enough to attend. If the employee is on long-term sickness absence, the employer must balance the need to avoid unreasonable delay in the process with the importance of allowing the employee to put their case before it makes a decision. The employer should take steps to determine whether or not the employee…

28th September 2023

Q. Where an employee is provided with a car allowance instead of a company car, can this be withdrawn if they go on maternity leave?

Whether or not an employee is entitled to a car allowance during maternity leave is unclear. During both ordinary and additional maternity leave an employee is entitled to continue to benefit from all the terms and conditions of employment – except for those regarding remuneration – that would have applied had they been at work. Whether or not a car allowance is “remuneration” for these purposes is unclear. Only sums payable to an employee by way of wages or salary are treated as remuneration (reg.9 of the Maternity and Parental…

28th September 2023

Q. Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

The nature of a fixed-term contract is usually that both employer and employee agree as part of the contract that it will continue for a fixed period, or until an agreed task or project is completed, or until a specified event occurs, for example the return to work of an employee on maternity leave. The early dismissal of an underperforming fixed-term employee would be in breach of contract, unless the contract includes a notice clause. An exception to this would be in the case of gross misconduct on the part…

28th September 2023

Culture and change

The AI Revolution in Recruitment: What to Expect

AI has been making waves since November 2022 in various aspects of modern life, and the recruitment process is no exception. While there’s still some scepticism surrounding its use, job seekers are increasingly leveraging AI, particularly generative AI, to compose their CV’s and completes applications for them. This shift is prompting a re-evaluation of traditional recruitment methods. Recruiters are becoming aware of candidates using generative AI and recognise that the technology’s sophistication will only grow, potentially transforming the way applications are evaluated. The cover letter, once a standard requirement, is…

28th September 2023

Day: September 28, 2023

Q. Must an employer disclose notes and witness statements produced during a grievance or disciplinary procedure if an employee requests them?

Q. When can an employer dismiss an employee on the grounds of ill health?

Q. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave?

Q. Where an employee is provided with a car allowance instead of a company car, can this be withdrawn if they go on maternity leave?

Q. Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

The AI Revolution in Recruitment: What to Expect

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Meraki HR South:
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London Street,
Swindon
SN1 5DG

Meraki HR North:
Suite 4, Kendal Business Hub,
South Lakeland House,
Angel Yard, 21-23 Highgate,
Kendal, LA9 4DY

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Day: September 28, 2023

Filter by

Services

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About

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Meraki HR South:Registered Address:Unit 5 - The Workshed, London Street, SwindonSN1 5DG

Meraki HR North:Office Location:Suite 4, Kendal Business Hub, South Lakeland House, Angel Yard, 21-23 Highgate, Kendal, LA9 4DY

Meraki HR South: Unit 5 - The Workshed, London Street, SwindonSN1 5DG

Meraki HR North: Suite 4, Kendal Business Hub, South Lakeland House, Angel Yard, 21-23 Highgate, Kendal, LA9 4DY

Your people | our passion | your success

© 2022 Meraki HR Solutions Ltd, Terms & Conditions | Privacy & Cookies | Sitemap

Meraki HR South:
Registered Address:
Unit 5 - The Workshed,
London Street,
Swindon
SN1 5DG

Meraki HR North:
Office Location:
Suite 4, Kendal Business Hub,
South Lakeland House,
Angel Yard, 21-23 Highgate,
Kendal, LA9 4DY

Meraki HR South:
Unit 5 - The Workshed,
London Street,
Swindon
SN1 5DG

Meraki HR North:
Suite 4, Kendal Business Hub,
South Lakeland House,
Angel Yard, 21-23 Highgate,
Kendal, LA9 4DY