Category: Employment law

Q. If we pay someone in lieu of notice (PILON) when should we make their final payments?

If you decide you want an employee to leave the business, or an employee decides to leave you, you may decide that you don’t want them to work out their notice period for a variety of reasons, but don’t want them to work anywhere else either! This is what’s known as Pay In Lieu of Notice -(PILON). If you choose to decide to Pay in Lieu of Notice, then you need to be aware that your employee will continue to be entitled to all of their benefits such as Pension…
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Q. We had problems with our cashflow last month, and paid people a few days late, and as a result, we have received a grievance from an employee. How should we respond to this?

Your staff love payday. In most cases, they rely on it to happen in a timely manner, just think mortgage or rent payments bouncing!  Whether you pay them weekly, monthly, or on a different schedule all together, it’s vital that they receive their correct wages at the agreed time. In fact, it’s a legal requirement to state a pay date in your contract of employment. Failure to pay on time is a breach of their employment contract, and employees could bring forward a tribunal claim for unauthorised deduction from wages.…
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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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Q. Can I take Disciplinary Action against a pregnant employee?

The simple answer is yes –  if they have done something that is in breach of a company policy or have behaved in a way that is inappropriate then you can take disciplinary action against a pregnant employee. No two cases are ever the same and there are potential risks when dealing with pregnant employees, such as their wellbeing and discrimination. Therefore, it’s worth seeking professional advice from an HR professional or an employment lawyer before taking any action. You need to make sure that you follow a fair disciplinary…
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Q. How do I make someone redundant?

This depends on a number of factors: Whether they have been with you for 2 or more years. Whether they have been with you for less than 2 years Whether they are in a stand-alone role Or a role that other people perform. Depending on the factors above, will depend on the advice we give you and whether you can deal with this in one meeting or with a more formal consultation process. Therefore with any potential redundancy, its best to talk it through with an HR professional or Employment…
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Q. How do we deal with annual leave that’s been carried over into this year?

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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Q. We are really struggling to recruit, what can you do to help us find good staff, that stay?

It’s a very challenging recruitment market that we are in at the moment. With unemployment at a very low rate, and job vacancies at an all time high, there is a real shortage of candidates available, so its no wonder you are finding it difficult to recruit staff! Competition is tough and anyone looking for work is likely to be applying for other roles, so you need to stand out in the crowd of other job adverts/employers who are looking! We would suggest looking at your Employer Brand first of…
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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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