Category: Employment law

Employment contracts
Emma Browning

Q: How do I work out holiday for term time workers?

In July’s Top 5 HR Questions, we answered a question about how to calculate term time workers holiday. However, since then, there has been a decision on how to calculate holiday for workers with variable hours/term time workers in the case of Harpur Trust v Brazel. This case has taken over 7 years to reach its conclusion, and the Supreme Court’s judgment in this matter has now been confirmed just a few weeks ago, so please read this important update. Background This case involved a very specific set of circumstances…
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Employment law
Emma Browning

Q: An employee has told me that I can accept a fit note from their pharmacist – is this right?

In order to reduce pressure on doctors, particularly GPs, the Department for Work and Pensions (DWP) and the Department of Health and Social Care (DHSC) have proposed that nurses, occupational therapists, pharmacists and physiotherapists should be able to certify and issue fit notes. For anyone who has been off work with illness for more than seven days, a fit note provides evidence to their employer about the absence and any relevant advice on how to support the employee to remain in or return to work. The new rules will come…
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Weetabix logo
Culture and change
Emma Browning

Weetabix’s approach to EDI is Inclusion Without Exception

Employee inclusion is an important part of any workplace. Enabling employees to bring their whole selves to work and encouraging and empowering individuality is key. A CIPD blog post explained that inclusion at work occurs “when people feel valued and accepted in their team and in the wider organisation, without having to conform.” The post went on to explain that “inclusive organisations support employees, regardless of their background or circumstance, to thrive at work.” Being able to thrive in an inclusive organisation that celebrates individuality is something that today’s candidate-led…
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balanced scales
Culture and change
Emma Browning

What are you doing in your business to support Equality, Diversity & Inclusion?

What do we really understand about Equality, Diversity and Inclusion (EDI)? Interest in EDI has boomed in recent years – both in the wider political spheres of the Western world and in a more focused way in the workplace. The intense focus on EDI has facilitated open conversations around sensitive subjects – but often with little discussion about how to practically implement EDI policies and practices, as well as training for all your staff to ensure they are aware of their obligations too. With identity politics in the news recently…
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Virgin Media and O2 logos
Culture and change
Emma Browning

Find out what Virgin Media are doing to ensure they can attract and retain top talent into their team as well as increasing their profits

When Virgin Media and O2 announced they would be merging in a £31billion mega deal last summer (2021), the newly united firm’s Chief Executive, Lutz Schüler, promised to “connect more people to the things they love (and) support communities across the country.” Nisha Marwaha is their Director, People Relations and Diversity, Equality and Inclusion. Marwaha explained that, at Virgin Media O2, there’s a compelling business case for diverse representation. She stated: “I think there’s a higher likelihood of outperformance (against the competition) with the more diversity you have and given…
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balanced scales
Culture and change
Emma Browning

5 Misconceptions about Equality, Diversity and Inclusion

What do we really understand about Equality, Diversity and Inclusion (EDI)? Interest in EDI has boomed in recent years – but often with little discussion about how to practically implement EDI policies and practices. With identity politics in the news right now following the recent decision to ban transgender men and women from participating in certain sports, it’s easy to fixate on awareness and neglect actionable change that implements the EDI values a business wishes to uphold. However, EDI doesn’t have to be an intimidating subject, and making it easier…
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Employment law
Emma Browning

How do I deal with a grievance that an employee has raised?

We have seen a significant increase in the number of grievances that we are being asked to manage. Why this is, we are not entirely sure, but what we can be sure about, is that if not handled well, they can often lead to a constructive dismissal claim or discrimination claim from an employee. By law, every company should have a grievance policy. The formal, written document should let employees know who they should contact with their grievance, the process of dealing with the grievance and how to appeal should…
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Employment law
Emma Browning

Can an employer ask a prospective employee to fill in a medical questionnaire?

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some exceptions). If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offer of employment, it must ensure that it has a legal basis to do so under the UK…
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Employment law
Emma Browning

In what circumstances can an employer reject a request for flexible working?

Employees have a right to request flexible working once they have been employed by you for 26 weeks or more. However, there is a lot of speculation that the 26 week limit may be removed – so watch this space! An employer can refuse a statutory request for flexible working if the refusal is based on one or more specific grounds as noted below. The list of grounds for refusal, as set out in s.80G(1)(b) of the Employment Rights Act 1996, is drafted in very broad terms. The specified grounds…
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Employment law
Emma Browning

How long must an employer consult with employees for when seeking agreement to change their contracts?

An employer should always consult individually with employees with a view to obtaining agreement to changes to their contract of employment, and the employer may also have an obligation to consult collectively depending on the number of employees the changes affect. The length of the individual consultation period required will depend on several factors, including the number of employees involved, the nature of the proposed change and the employees’ responses to the changes. There is no minimum time frame for individual consultation. If the employees agree to the proposed changes,…
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