Category: Policies and procedures

Q. What are the up and coming changes to holiday pay, WTR and TUPE?

Following consultation processes upon which we have previously reported, the Government has published its response and draft legislation. The intention is that the legislation comes into force on 1 January 2024 and key elements are: Changes to holiday pay The Government has sought to address the confusion generated by the Supreme Court’s decision in Harpur Trust v Brazel on the issue of holiday pay for part-year and irregular hours workers. The new regulations therefore provide that for part-year and irregular hours workers (as defined): They will accrue annual leave…

29th November 2023

Q. Can you afford a £45,000 fine from the Home Office?

As an employer, you have a legal obligation to check the right to work documentation for every employee that works for you. Currently, if you fail to have the right documentation on file for every employee that works for you, as a first offence, you could be fined £15,000 per employee who doesn’t have the right documentation on file. This fine has been in place since 2014, and we routinely check this documentation is on file for the employees of our retained clients. This fine will be increased from £15,000…

28th November 2023

Q. When can an employer reject a request for flexible working?

An employer can refuse a statutory request for flexible working if the refusal is based on one or more specific grounds. The list of grounds for refusal; as set out in the Employment Rights Act 1996. The specified grounds for refusal are: the burden of additional costs; a detrimental effect on ability to meet customer demand; an inability to reorganise work among existing staff or recruit additional staff; a detrimental impact on quality or performance; insufficiency of work during the periods the employee proposes to work; planned structural changes; or…

6th November 2023

Q. Is an employee who suffers a miscarriage eligible to receive statutory maternity pay?

It depends on at what stage of the pregnancy the miscarriage occurs and whether they meet the normal eligibility requirements. The date of the employee’s expected week of childbirth on the MatB1 form should be used to calculate in which week of pregnancy they were when the miscarriage occurred. An employee who suffers a miscarriage before the end of the 24th week of pregnancy will not be eligible to receive Statutory Maternity Pay (SMP). However, if an employee has a miscarriage or still birth after 24 weeks of pregnancy, SMP…

6th November 2023

Q. When can an employer dismiss an employee on the grounds of ill health?

Lack of capability, including when assessed with reference to health, is a potentially fair reason for dismissal under s.98 of the Employment Rights Act 1996. The employer must show that it acted reasonably both in treating the long-term ill health as a sufficient reason for dismissing the employee and in the procedure adopted to effect the dismissal. When an employer is considering dismissing an employee on grounds of long-term ill health, it should investigate the prospects of the employee being able to return to work within a reasonable time. A…

28th September 2023

Q. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave?

Where an employee who is subject to disciplinary proceedings is absent due to a short-term illness, the most appropriate course of action is likely to be for the employer to postpone the hearing until the employee is well enough to attend. If the employee is on long-term sickness absence, the employer must balance the need to avoid unreasonable delay in the process with the importance of allowing the employee to put their case before it makes a decision. The employer should take steps to determine whether or not the employee…

28th September 2023

Q. Where an employee is provided with a car allowance instead of a company car, can this be withdrawn if they go on maternity leave?

Whether or not an employee is entitled to a car allowance during maternity leave is unclear. During both ordinary and additional maternity leave an employee is entitled to continue to benefit from all the terms and conditions of employment – except for those regarding remuneration – that would have applied had they been at work. Whether or not a car allowance is “remuneration” for these purposes is unclear. Only sums payable to an employee by way of wages or salary are treated as remuneration (reg.9 of the Maternity and Parental…

28th September 2023

Culture and change

Want to know what our No.1 most asked question is?

How do I manage Millennials? If you want to know our 6 top tips to manage your millennial employees, read our latest blog . . . You need to understand your millennials and work with their strengths. Today, millennials make up a huge percentage of the workforce, and so it’s essential to both appreciate how to effectively manage them and understand how to encourage their leadership skills. If your company isn’t effectively managing millennials, then even the most impressive list of benefits won’t keep them at your company. They will…

18th September 2023

Q. Is an employer obliged to provide notes on an investigation into a grievance to the employee who raised the grievance?

The employer should notify the employee of its decision on their grievance in writing, setting out the reasons for the decision. The employer would not usually include copies of notes on the investigation as a matter of course, but if the employee requests these, the employer may have a duty to disclose the documents in accordance with GDPR. Employees have the right to see personal information that the employer has about them, held as a computer record or in a structured manual filing system. This could include notes on the…

5th September 2023

Culture and change

“Barbenheimer” – Equality, Diversity & Inclusion (EDI)

“Barbenheimer,” as described on the internet as “extreme opposites,” refers to a concept of individuals or entities that are polar opposites in every possible way. In the context of personalities, opinions, or characteristics, Barbenheimer represents the farthest points on a spectrum. Emphasising the significance of recognising individual differences, it becomes evident that not everyone fits into neat categories or conforms to societal norms. Acknowledging this diversity is crucial, especially in the workplace. Fostering a diverse and inclusive environment benefits both employees and businesses alike. Such a workplace promotes a sense…

5th September 2023

Category: Policies and procedures

Q. What are the up and coming changes to holiday pay, WTR and TUPE?

Q. Can you afford a £45,000 fine from the Home Office?

Q. When can an employer reject a request for flexible working?

Q. Is an employee who suffers a miscarriage eligible to receive statutory maternity pay?

Q. When can an employer dismiss an employee on the grounds of ill health?

Q. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave?

Q. Where an employee is provided with a car allowance instead of a company car, can this be withdrawn if they go on maternity leave?

Want to know what our No.1 most asked question is?

Q. Is an employer obliged to provide notes on an investigation into a grievance to the employee who raised the grievance?

“Barbenheimer” – Equality, Diversity & Inclusion (EDI)

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Meraki HR South:
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London Street,
Swindon
SN1 5DG

Meraki HR North:
Office Location:
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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

Your people | our passion | your success

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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