Author: Emma Browning

Employment law
Emma Browning

Sending our love to you with our special Valentine’s Introductory Retainer Offer

If you are an ambitious SME, looking to grow your business in 2023, then doing so without HR expertise will be challenging! If you’ve ever had to tackle a people issue on your own, you’ll also know just how tough and stressful it can be. Between trying to manage your business, look after your clients or suppliers, your financial and legal obligations, as well as meeting your operational requirements, it can all be a bit too much! Feeling overwhelmed with all that you have to do and firefighting can become…
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Policies and procedures
Emma Browning

How to recruit superstars

The first workshop we are running this year is our popular “How to Recruit Superstars”, and details of how you can come along are at the end of this blog. We wanted to share some really important things to consider when it comes to recruitment. Yes, some may seem obvious, but they also get forgotten, or maybe not enough time is spent preparing for the interview process, which is why recruitment mistakes happen! So, here are our top 5 considerations to make when you are looking to recruit superstars into…
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Q. Can unused statutory annual holiday be carried forward to the next holiday year? (December 2022)

Workers are entitled to 5.6 weeks’ statutory holiday each year = 28 days; 20 days holiday and 8 days of Bank Holidays. The 28 days of statutory entitlement cannot be carried forward into the next holiday year in normal circumstances, although the Government has amended reg.13 of the Working Time Regulations 1998 to allow workers to carry over up to four weeks’ annual leave into the next holiday year, where it has not been reasonably practicable for them to take it as a result of the effects of coronavirus. For…
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Employment law
Emma Browning

Q. 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

Q. When does overtime have to be included in holiday pay?

Holiday pay must be calculated on the basis of the employee’s normal pay. Where an employee normally works overtime, this should be included in the calculation of their holiday pay. Overtime that the employer is contractually obliged to offer and that employees are required to work must always be included in holiday pay. In Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT, the Employment Appeal Tribunal (EAT) held that regular overtime…
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Recruitment
Emma Browning

Q: What do I need to do to check if an employee is eligible to work in the UK?

Before allowing a job applicant to start work, the employer must carry out a right to work check. From 6 April 2022, employers are able to use a new digital identification verification service when carrying out checks for British and Irish citizens, based on a valid passport (or Irish passport card). To do this, the employer must use a certified Identity Digital Service Provider or IDSP. If employers want to carry out digital checks, the government recommends employers use a certified IDSP– meaning that only digital images of personal documents…
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Employment law
Emma Browning

Important & immediate changes to the right to request Flexible Working

Important changes were announced on the 5th December to the Flexible Working Bill – but what does this mean for you as an employer? We explain it here in simple and practical terms for you. For many years, employees have been able to request the right to work flexibly, after they have been with you for 26 weeks. Important change no. 1 However, the recent announcement means that employees can request the right to work flexibly on day 1! Important change no. 2 Workers will now also have the right…
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Q. How can I make sure that I retain my best people this year?

Ask us to conduct our FREE Employee Retention Audit for you and we can look at the results together and agree what actions we need to implement for you to improve your employee retention. But here’s some initial ideas. Training and development are crucial to help your talented employees stay with you. If they can see a career path ahead of them and feel supported to develop their skills, they are more likely to feel part of your business. And therefore, less likely to be looking elsewhere for that next…
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balanced scales
Employment law
Emma Browning

Q. Should we fight or settle a claim against us?

The cost to employers of defending an employment tribunal claim was highlighted when Times Higher Education reported that a university had spent more than £200,000 defending an unfair dismissal claim that could, it said, have been settled for much less. We are often asked by our clients, should we fight or settle a claim and this case highlights the need to think very carefully about how you respond to an employment tribunal claim. Here’s our thoughts on what you should consider. Controlling legal costs Extensive legal costs are not inevitable.…
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Policies and procedures
Emma Browning

Could this approach solve your recruitment problems?

With the ‘Great Resignation’ raging on, employers are going to have to get more creative in looking for talent! One solution is looking at retired workers – although new ONS data shows they’re leaving the workforce faster than ever. So, what do you, as an employer, need to do to attract older people, with their wisdom and experience, out of early retirement or retirement and back into your employment? The UK is experiencing an early retirement boom, with a whopping three in five people aged over 50 choosing to leave…
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