Author: Emma Browning

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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Culture and change
Emma Browning

How to onboard your new employees to optimise Employee Retention

You know that sinking feeling you get in the pit of your stomach when one of your newer employees tells you they’re leaving? You thought everything was going well and now you’re asking yourself: What went wrong? Should I have seen this coming? Why is this happening (again)? It’s quite possible the die was cast in those early days, shortly after you uttered the words, “welcome to our company” on their first day and handed them a bunch of forms to fill out/documents to read or video’s to watch! How…
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Policies and procedures
Emma Browning

Must employers provide equipment for employees who work from home?

While there is no specific duty on employers to provide equipment for employees working from home, they should ensure that employees have everything they need to be able to work safely and effectively. Where the employer requires employees to work from home, it should provide the equipment or agree to reimburse employees for the cost of suitable equipment. Where the employer allows, rather than requires, an employee to work from home for some of the time (for example under a discretionary hybrid working arrangement), it should agree with them who…
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Culture and change
Emma Browning

Q. Can an employer use a trial period to test whether a proposed flexible working arrangement would work?

Yes, an employer and employee may decide that a trial period should be implemented in respect of proposed flexible working arrangements. A trial period allows both the employer and the employee an opportunity to review how the arrangements work in practice, and whether or not they are likely to create any practical difficulties for the employee’s department or for the business as a whole. The employer must notify the employee of its final decision within three months of an employee’s statutory request for flexible working, unless the employer and employee…
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