Category: Policies and procedures

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 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. How do we deal with the extra Bank Holiday for the Coronation in May?

The additional bank holiday has been permitted by the UK Government, and under UK employment law, employers therefore do not have to grant the day as annual leave. It does not form an additional holiday entitlement to the 5.6 weeks’ annual leave awarded to employees under the Working Time Regulations 1998 The wording of employees’ contracts of employment will determine whether employers should allow staff to take an additional day off. Contracts which refer to the right to take “all public or bank holidays”, for example, may mean you have…
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Policies and procedures
Emma Browning

How to recruit superstars

The first workshop we are running this year is our popular “How to Recruit Superstars”, and details of how you can come along are at the end of this blog. We wanted to share some really important things to consider when it comes to recruitment. Yes, some may seem obvious, but they also get forgotten, or maybe not enough time is spent preparing for the interview process, which is why recruitment mistakes happen! So, here are our top 5 considerations to make when you are looking to recruit superstars into…
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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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Employment law
Emma Browning

Important & immediate changes to the right to request Flexible Working

Important changes were announced on the 5th December to the Flexible Working Bill – but what does this mean for you as an employer? We explain it here in simple and practical terms for you. For many years, employees have been able to request the right to work flexibly, after they have been with you for 26 weeks. Important change no. 1 However, the recent announcement means that employees can request the right to work flexibly on day 1! Important change no. 2 Workers will now also have the right…
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balanced scales
Employment law
Emma Browning

Q. 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. We are often asked by our clients, should we fight or settle a claim and this case highlights the need to think very carefully about how you respond to an employment tribunal claim. Here’s our thoughts on what you should consider. Controlling legal costs Extensive legal costs are not inevitable.…
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Policies and procedures
Emma Browning

Could this approach solve your recruitment problems?

With the ‘Great Resignation’ raging on, employers are going to have to get more creative in looking for talent! One solution is looking at retired workers – although new ONS data shows they’re leaving the workforce faster than ever. So, what do you, as an employer, need to do to attract older people, with their wisdom and experience, out of early retirement or retirement and back into your employment? The UK is experiencing an early retirement boom, with a whopping three in five people aged over 50 choosing to leave…
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Culture and change
Emma Browning

How to onboard your new employees to optimise Employee Retention

You know that sinking feeling you get in the pit of your stomach when one of your newer employees tells you they’re leaving? You thought everything was going well and now you’re asking yourself: What went wrong? Should I have seen this coming? Why is this happening (again)? It’s quite possible the die was cast in those early days, shortly after you uttered the words, “welcome to our company” on their first day and handed them a bunch of forms to fill out/documents to read or video’s to watch! How…
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