Category: Employment law

Employment law
Emma Browning

I’m a small business, so I want to work with some freelancers to help me when I am busy, can you provide me with an agreement to do this?

Hiring a freelancer either as you are starting out in business or as you continue to grow can be a great alternative to taking on permanent employees, until you have a clear picture and evidence of what resource you need. The number of freelancers in the UK is growing, which means there are plenty of people available with a wide range of skills that may be appropriate for your company and the job you need to get done! There are some benefits to hiring a freelancer: They will be an…
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Culture and change
Emma Browning

We are all working flexibly from home now, so I want to employ someone in France / Spain / Mexico. How do I go about this?

Whilst many companies are continuing to work flexibly from home or have a hybrid model of office/home based working, several of our clients are starting to consider employing staff from abroad due to the many staff shortages we are experiencing in the UK or reviewing whether current employees can work from other locations such as family homes outside of the UK. This can be a great way to get the best talent into your business. However, where an individual works has a number of legal considerations including tax (both corporate…
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Employment law
Emma Browning

Your top 5 HR Questions answered this month

Here’s our round up of the most frequently asked questions from our clients and our advice for you, which we hope you find helpful. If you have a question you’d like answered next month, then just send it to us at hello@merakihr.com and we may include it in next month’s Top 5! 1. We are all working flexibly from home now, so I want to employ someone in France / Spain / Mexico. How do I go about this?  Whilst many companies are continuing to work flexibly from home or…
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Employment law
Emma Browning

Do you need employment Tribunal Insurance?

Because employment law is probably not your area of expertise, it can appear complex and against you as the employer. Unfortunately, the bigger HR providers play on this fear of getting things wrong and that you could end up in costly employment tribunals. In many circumstances, getting into these sorts of situations, can be prevented by good HR advice and support, and nipping things in the bud early. Have a read of our blog to see why you don’t need Employment Tribunal Insurance. Over the last 12 months, many of…
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Employment law
Emma Browning

Do we need to update our contracts of employment if people are now working permanently from home?

Yes, you do, but let’s take a look at a few principles first. A contract of employment is an agreement between the employee and the employer that outlines the rights and duties of both sides. At some stage either you as the employer or your employee might want to change the contract of employment. However, neither party can change the employment contract without each others’ agreement. Changes should normally be made after negotiation and agreement and should always be confirmed in writing. Changes to employment contracts could be made by:…
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Employment law
Emma Browning

Can we insist on seeing employee’s vaccination records?

The short answer is, not unless you have a good reason to do so! An employer that intends to ask employees if they have been vaccinated against coronavirus (COVID-19) must be clear about its reasons for doing so. To comply with its data protection obligations, it must ensure that it has a legal basis for processing such information and that it complies with the conditions for processing special category data (relating to employees’ health) under the UK GDPR. The Information Commissioner’s Office (ICO) has published guidance for organisations on when…
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Employment law
Emma Browning

Is it my responsibility as the employer to confirm the employees’ settlement status if they are a non UK worker?

As a result of Brexit, all EU nationals currently working and living in the UK must have secured settled or pre-settled status if they want to remain in the UK, as the deadline to do so was 30 June 2021 What is settled status? Securing settled or pre-settled status allows your EU national workers to remain working in the UK and have access to the usual services that any British citizen would have (e.g. free access to the NHS, enrol in education, access public funds to benefits and pensions (where…
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Employment law
Emma Browning

My employees are refusing to come back to the office – what should I do?

Employees are required to obey their employer’s reasonable instructions, which would normally include attending work where the employer has put in place safe-working measures in line with government guidance. However, ss.44 and 100 of the Employment Rights Act 1996 protect employees against detriment or dismissal where, in “circumstances of danger” that the employee reasonably believes to be “serious and imminent”, they leave their workplace (or any part of it); refuse to return to their workplace (or any part of it); take appropriate steps to protect themselves or others from the…
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Culture and change
Emma Browning

Your Top 5 HR Questions answered this month

Here’s our round up of the most frequently asked questions from our clients and our advice for you, which we hope you find helpful. If you have a question you’d like answered next month, then just send it to us at hello@www.merakihr.com and we may include it in next month’s Top 5! 1.My employees are refusing to come back to the office – what should I do? Employees are required to obey their employer’s reasonable instructions, which would normally include attending work where the employer has put in place safe-working…
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Employment law
Emma Browning

It’s time to get back to work – well amost!

As the Government has announced plans to remove the current ‘work from home if you can’ guidance and all legal limits on indoor and outdoor meetings with effect from 19 July 2021, we wanted to send you an update on how this may impact you and your business. Here are some of the key considerations: Talk to your staff. Employers should be aware that mandating a wholesale return to the office carries several legal risks. Although there is no legal right for employees to work from home, employers should take…
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