Category: Employment law

Employment law
Emma Browning

Q. Where an employee has two jobs which employer is responsible for ensuring that their total weekly hours do not exceed the working time limits?

Employers are obliged, under reg.4 of the Working Time Regulations 1998 (SI 1998/1833), to take all reasonable steps to ensure that the 48-hour limit on weekly working hours is complied with. This means that, in this situation, both employers will be obliged to ensure that the employee’s total working hours in the two jobs combined do not exceed this limit unless the individual has chosen voluntarily to sign an opt-out agreement. If an employer knows or suspects that one of its employees has another job, it should make reasonable enquiries…
Read More
Culture and change
Emma Browning

Q. Is an employee who has exhausted their sick pay entitled to notice pay if dismissed on grounds of ill health?

Where an employee has exhausted their sick pay, whether they are entitled to payment during their notice period is a complicated question. It depends on the amount of contractual notice compared to statutory minimum notice. An employee who is going to be dismissed on the grounds of ill health is always entitled to receive notice, and the notice you have to give, will be the greater figure of the contractual notice period and the statutory minimum notice period. Section 88(1)(b) of the Employment Rights Act 1996 provides that the employee…
Read More
balanced scales
Employment contracts
Emma Browning

What to do if you are worried that you are not being a legally compliant employer

A business contacted us recently to say “I attended an Employment Law seminar online the other day, and I’m now worried that we are not a compliant employer! What can I do to make sure we are doing what we should be?” First thing is not to panic! Many of these online seminars are in essence a sales opportunity and will play on “fear tactics.” I’m not denying that there are a lot of responsibilities if you are an employer, but you have to get these into perspective! The best…
Read More
Culture and change
Emma Browning

Do we need an Equality, Diversity and Inclusion policy as this is all I seem to hear about these days?

In short, yes, its probably a very good idea to have one, although its not a legal requirement to have one. We all know how hard it is to find good people at the moment, and being able to demonstrate that you have an EDI policy, could be one thing that your future employees are looking for, the fact that you are looking to have a diverse workforce will be appealing to many prospective employees. It’s important that your actions and internal processes also match what your EDI policy says…
Read More
Employment law
Emma Browning

I’ve heard that there are some changes to the right to work checks that came into force on the 1st October – what does that mean we need to do?

A recent survey conducted by Xydus, found that almost half (48 per cent) of businesses are unprepared for the upcoming changes to right to work checks, so here’s how you can get ready for the changes coming into force on the 1st October. The survey also found that more than three-quarters (78 per cent) did not know they could face imprisonment if non-compliant with the new checks – so be warned!  The changes, which will be implemented on 1 October, mean that, if you are continuing to carrying out digital…
Read More
Employment contracts
Emma Browning

How to manage the extra bank holidays given for Queen Elizabeth II’s state funeral and the coronation

Following the announcement of an additional UK bank holiday for Queen Elizabeth II’s state funeral on Monday 19 September, many of our clients contacted us about what to do, and with another Bank Holiday potentially on the horizon for the Coronation, here’s some of the things to consider in your business. It’s likely that the Coronation of King Charles will also create an additional Bank holiday, so we thought we would set out what to do if we have another Bank Holiday either this year or next year, when the…
Read More
Culture and change
Emma Browning

6 ways to embed Equality, Diversity and Inclusion into your business

Having a diverse and inclusive workplace is important not only ethically but also for improving employee morale, boosting innovation and enhancing business success. It’s not enough for employers to express their commitment to diversity and inclusion in their mission statements and policies. Employers must ensure the concept is embedded in their organisations and that their equality, diversity and inclusion policies are implemented fully and reviewed regularly. 1.Train people managers in diversity and inclusion A working knowledge of discrimination law is crucial to the successful functioning of any organisation. It is…
Read More
Employment contracts
Emma Browning

Q: Can an employer cancel a workers pre-booked holiday?

It is generally understood by employers that they can refuse employee requests for particular dates and time periods of annual leave and dictate when it must be taken, but can leave that has been pre-booked by agreement be cancelled and, if so, how? If there is a good business reason for cancellation, such as a new critical deadline, increased workload or unexpected staff absences, an employer might reasonably be able to cancel pre-booked leave. It is advisable to set out in your employee’s contracts of employment the circumstances under which…
Read More
Employment law
Emma Browning

Q: Do I need to get an employee or a contractor to sign a Non – Disclosure Agreement (NDA)?

Even if your company doesn’t have top-secret information, like code for a killer new social network or the recipe for Coca-Cola, you have other types of valuable information that need to remain confidential or private. It could be your customer list, your financial records, or ideas for a new marketing campaign. So how can you protect that information? Many people think that a NDA is the answer! What is a NDA? A NDA is basically a contract that binds someone to keep a secret. Its main purpose is to create…
Read More
Employment law
Emma Browning

Q: What do I need to do as a business, if an employee is being sexually harassed by one of our customers?

Firstly, take this seriously! Don’t brush it off because it’s a customer or a supplier, you need to investigate this matter thoroughly and make sure that your employee is ok. Such a sensitive matter needs to be handled with care and sensitivity and you should seek HR advice to help you manage this matter in the right way. The government has published its response to a consultation on workplace sexual harassment, confirming a new duty for employers to prevent sexual and customer or third-party harassment. This is likely to include…
Read More
Skip to content