Category: Employment law

Q. How do we manage bank holiday entitlement for the King’s Coronation?

The Government has announced an additional bank holiday on 8 May 2023, to celebrate the King’s Coronation. This means that there will be three bank holidays in May 2023. Employers need to look at how they will approach the additional bank holiday. This will be determined to some extent by the wording in employees’ contracts of employment. For example, where the contract entitles employees to take leave on “all bank and public holidays”, the employer will be required to grant the extra day as leave. Even if the employer is…
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Q. How to deal with inappropriate behaviour that could be linked to a disability.

In McQueen v General Optical Council, the EAT explored an issue that is familiar to a number of employers: the difficult question as to when misbehaviour/poor conduct is claimed to be linked to a disability. The Claimant had a number of conditions amounting to disabilities (described by the EAT as dyslexia, symptoms of Asperger’s syndrome, neurodiversity and left-sided hearing loss). It was accepted that he was a disabled person within the meaning of the Equality Act 2010. The appeal issue revolved around two “meltdown” incidents. In the first, the Claimant…
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Q. Someone told me that all EU law could be thrown out at the end of 2023 – this can’t be right?

This is more commonly referred to as the revocation of retained EU law and this applies to EU law that was incorporated into UK law as a result of Brexit. If the proposal goes ahead as planned, government departments will have until the end of the year to decide which EU retained laws should expire and which should be kept. This has a potential impact on areas including working time, TUPE, agency workers and fixed-term contract, and much more, so watch this space! Logic tells me that surely, we wouldn’t…
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Q. How do I calculate a part time workers holiday allowance?

This is a question we are asked all of the time! Ultimately, this is a basic maths question and if you want to find out what holiday a part time worker is entitled to, the first thing that you need to be able to work out is the % of their hours versus a full time worker. So, if someone is working 20 hours a week and your full time working hours are 37.5 hours per week, its 20/37.5 * 100  = their pro rata % which in this case…
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Q. There is an extra Bank Holiday in May for the Kings Coronation – do we have to allow people the day off, and do we have to pay them for it?

The additional bank holiday has been permitted by the UK Government, and under UK employment law, employers therefore do not have to grant the day as annual leave. It does not form an additional holiday entitlement to the 5.6 weeks’ annual leave awarded to employees under the Working Time Regulations 1998 The wording of employees’ contracts of employment will determine whether employers should allow staff to take an additional day off. Contracts which refer to the right to take “all public or bank holidays”, for example, may mean you have…
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Q. What are the new minimum wage payments?

The minimum wage rates for all age groups have increased significantly this year, so please make sure that you have implemented these changes from 1st April and don’t have anyone that falls below these rates on your payroll.             Get in touch to see how we can help you. You can book your FREE 15 minute consultation with a member of the Meraki HR team here.…
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Q. Can I retract an offer of employment based on the outcome of a DBS check?

Yes you can, as long as you have made it clear that the offer of employment was “conditional” to them having a DBS check that you deem to be satisfactory. This really depends on how your offer of employment is made to your prospective employee, and one of the key reasons we suggest a formal offer letter is used when making an offer of employment. However, you should only request information about an applicant’s criminal convictions if the information can be justified in terms of the role being offered. If…
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Q. I have heard that there are some potential changes coming about how we pay tips to our staff, can you explain how this works and what we need to do as a result of these changes?

It’s hard to believe that prior to 2015, major restaurant chains were deducting an administration fee from staff tips made by card – in some cases this was a high as 8%. As a huge 80% of all UK tipping now happens by card payment (rather than cash) the Government have suggested that businesses are less likely to pass tips onto staff. The Allocation of Tips Bill has been in talks for a long time and is yet to be announced however, in January 2023, the bill was listed as…
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Q. I understand there are proposed changes to the UK Immigration System and Graduate Visas – what might they be?

There are plans to change duration from 24 / 36 months to 6 months with more pressure to secure vacancy and switch into sponsorship. Student Dependants – Limit those who can qualify as dependants of students: Only allow those that are dependent on students following a two year + post-graduate programme and PhD’s UK-India Young Professionals Scheme A scheme similar to the current Youth Mobility Scheme is to be introduced for Indian & British citizens: It will allow 3,000 citizens between the ages of 18 and 30 to work and…
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Q. I have employees that travel for business purposes – what are the proposed changes on electronic travel authorisation for non-EU nationals who do not need a visa to enter the EU?

From November 2023, an electronic travel authorisation scheme is to be introduced for non-EU nationals who do not need a visa to enter the EU. European Travel Information and Authorisation System (ETIAS) Non-EU citizens (e.g. British citizens) who do not normally need a visa to visit the EU and EEA countries, will require pre-travel authorisation Travel to Ireland not affected Authorisation can be made online or via a mobile app. Decision made within minutes in most cases, but prepare for up to 30 days ETIAS lasts for three years or…
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