Category: Policies and procedures

Employment law

If an employee resigns after disciplinary proceedings have started should the employer continue the procedure?

If the employee resigns with immediate effect, their employment will terminate. There is little point in continuing a disciplinary procedure in respect of an employee who is no longer employed, as no disciplinary sanction can be imposed against a former employee. However, the disciplinary information collated should still be retained for a period of up to one year after the employee’s resignation, because it may be needed as evidence should the employee subsequently try to claim constructive dismissal or unlawful discrimination in relation to the conduct of the disciplinary proceedings.…

4th May 2022

Employment law

Can an employee take annual leave while on long-term sickness absence?

An employee who is on long-term sickness absence may wish to book a period of annual leave in order to receive full pay for that period, for example if they have exhausted all entitlement to sick pay, or is receiving only statutory sick pay. The law does not prevent employees from taking annual leave while on sickness absence. It would usually be in an employer’s interests to agree to an employee’s request to take annual leave, to avoid them accruing significant amounts of leave while on sickness absence. If it…

4th May 2022

Employment law

Is long COVID a disability under the Equality Act 2010?

It is possible that long COVID could meet the definition of disability under the Equality Act 2010, but this would depend on the circumstances in each case, and the impact that the condition has on the individual. Under the Act, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. A person does not need a formal diagnosis of a particular condition to fall within the definition, but they must be able…

4th May 2022

Employment law

Should we fight or settle a claim against us?

The cost to employers of defending an employment tribunal claim was highlighted when Times Higher Education reported that a university had spent more than £200,000 defending an unfair dismissal claim that could, it said, have been settled for much less. The case in question was Quigley v University of St Andrews EATS/0025/05 – a constructive dismissal claim that went as far as the Employment Appeal Tribunal. The case raises the question for employers: is it better to settle or to fight? And how much should they be prepared to spend…

4th May 2022

Employment law

The lessons to be learnt from P&O’s recent mass sackings of its employees

After two years of financial turmoil, ferry company P&O made 800 staff redundant a few weeks ago amongst outrage, after hundreds of staff were told via a video clip that, “due to a massive financial black hole, they were being sacked immediately, to be replaced with cheaper agency staff.” P&O said it was a “tough” decision, but it would “not be a viable business” without the changes. However, the excuses haven’t dampened the furious backlash from many corners, whether it’s from ex-employees themselves, union bosses or MPs who scathingly criticised…

28th March 2022

Employment law

March’s TOP 5 HR Questions

1.What should the employer do if an employee is reluctant to return to work as the coronavirus restrictions are lifted? Employers should recognise that many people will naturally be nervous about attending work and increasing their risk of contracting coronavirus (COVID-19). If an employee is reluctant to return to the workplace, the employer should explore their reasons and try to address any specific concerns they have, taking their individual circumstances into account. The Governments of Northern Ireland, Scotland and Wales have continued to encourage employers to support employees to work…

9th March 2022

Employment law

Are you a legally compliant employer?

There have been many HR challenges in the last 2 years, but that doesn’t let you off the hook as far as being a legally compliant employer goes! Every business needs to ensure its legally compliant, but hat every business wants is a team who are happy, healthy, and engaged so they are delivering the very best possible service to your customers or doing the very best work they can for your business. Conducting a regular HR Health Check is an essential part of good business practice. Not only will…

9th March 2022

Employment law

What is the Employee Companion’s role at a disciplinary or grievance hearing?

Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker’s case, sum up the case and respond on the worker’s behalf to any view expressed at the hearing. They must also be permitted to confer with the worker during the hearing. However, the companion has no right to answer questions on behalf of the worker, to address the hearing if the worker does not wish them to do so, or to prevent the employer from explaining its…

7th February 2022

Employment law

What steps should an employer take where an employee is off sick for over a week but has not submitted a doctor’s certificate?

Most employers allow employees to self-certify their absence for the first seven days of sickness and require a doctor’s certificate now known as a fit note, only for longer absences. If an employee is absent without a fit note, where they been sick for more than seven days, the employer may be entitled to withhold either contractual sick pay or statutory sick pay (SSP), although there were temporary measures in place only until the 26th January 2022, due to the Covid Pandemic. On 17 December 2021, the Government introduced regulations…

7th February 2022

Category: Policies and procedures

If an employee resigns after disciplinary proceedings have started should the employer continue the procedure?

Can an employee take annual leave while on long-term sickness absence?

Is long COVID a disability under the Equality Act 2010?

Should we fight or settle a claim against us?

Top 5 HR Questions for May

The lessons to be learnt from P&O’s recent mass sackings of its employees

March’s TOP 5 HR Questions

Are you a legally compliant employer?

What is the Employee Companion’s role at a disciplinary or grievance hearing?

What steps should an employer take where an employee is off sick for over a week but has not submitted a doctor’s certificate?

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SN1 5DG

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Suite 4, Kendal Business Hub,
South Lakeland House,
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Kendal, LA9 4DY

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Category: Policies and procedures

Filter by

Services

Resources

About

Connect

Meraki HR South:Registered Address:Unit 5 - The Workshed, London Street, SwindonSN1 5DG

Meraki HR North:Office Location:Suite 4, Kendal Business Hub, South Lakeland House, Angel Yard, 21-23 Highgate, Kendal, LA9 4DY

Meraki HR South: Unit 5 - The Workshed, London Street, SwindonSN1 5DG

Meraki HR North: Suite 4, Kendal Business Hub, South Lakeland House, Angel Yard, 21-23 Highgate, Kendal, LA9 4DY

Your people | our passion | your success

© 2022 Meraki HR Solutions Ltd, Terms & Conditions | Privacy & Cookies | Sitemap

Meraki HR South:
Registered Address:
Unit 5 - The Workshed,
London Street,
Swindon
SN1 5DG

Meraki HR North:
Office Location:
Suite 4, Kendal Business Hub,
South Lakeland House,
Angel Yard, 21-23 Highgate,
Kendal, LA9 4DY

Meraki HR South:
Unit 5 - The Workshed,
London Street,
Swindon
SN1 5DG

Meraki HR North:
Suite 4, Kendal Business Hub,
South Lakeland House,
Angel Yard, 21-23 Highgate,
Kendal, LA9 4DY