Category: Support

Employment law
Emma Browning

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…
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Employment law
Emma Browning

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…
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Employment law
Emma Browning

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…
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Employment law
Emma Browning

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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Culture and change
Emma Browning

January’s TOP 5 HR Questions

1.Can employers ask employees if they have had a coronavirus (COVID-19) vaccination? An employer that intends to ask employees if they have been vaccinated against coronavirus (COVID-19) must be clear about its reasons for doing so. To comply with its data protection obligations, the company must ensure that it has a legal basis for processing such information and that it complies with the conditions for processing special category data (which means information relating to employees’ health) under the UK GDPR. The Information Commissioner’s Office has published guidance for organisations on…
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Culture and change
Emma Browning

What are the key HR topics that we should be focussing on as a business in 2022?

Understatement of the year award incoming, but 2020 and 2021 changed the way we work forever. But like most things in life, it’s how you deal with change that counts, and 2022 is certainly the year that your business will need to make its people a top priority if you want to avoid the mass resignations that are predicted. So, what are the key HR/People trends for 2022 going to be and how can you prepare for them?  If you want to get ahead of the curve, here’s the top…
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Culture and change
Emma Browning

Your Top 5 HR Questions this Year

Here’s our round up of the most frequently asked HR questions this year: 1.We are just about to review salaries for our staff, but what is everyone else doing as far as pay reviews/increases?   New research has found that UK employers are planning to give their staff an average annual pay rise of 2.9% in 2022. A total of 725 UK firms took part in a study about salary budgets and recruitment by Willis Towers Watson (WTW), which revealed that 2022’s pay increase is set to be more than the…
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Employment law
Emma Browning

Are you a legally compliant employer?

There have been many HR challenges in the last 21 months, but just because you’ve been busy firefighting and holding everything together, doesn’t let you off the hook as far as being a legally compliant employer goes The ultimate goal for any business is to ensure its legally compliant first off, and that your people 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 regular HR Health Checks are essential…
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Policies and procedures
Emma Browning

I have an employee who was on sick leave just before they went on holiday and I have now seen pictures of him on holiday, having a whale of a time. What can I do?

If an employee is suffering from an illness or an injury, they are entitled to take time off work. However, whether going on holiday while on sick leave is acceptable will depend very much depend on the nature of their illness or injury and the circumstances involved. Going on holiday, can often be justified, especially if the employee is suffering from stress or some other condition affecting their mental health. In this context, taking a holiday may actually help with their recovery and facilitate a speedier return to work. However,…
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Policies and procedures
Emma Browning

I have an employee who has been diagnosed with Cancer. How do we deal with this from a pay perspective and as an employer that wants to be supportive?

Being diagnosed with cancer is an extremely stressful and worrying time for an employee and their family. They will not only be worrying about their health but also how their diagnosis may impact their work-life and career, and of course their ability to pay their monthly bills. As an employer, it is important to know that when an employee is diagnosed with cancer, they will be considered “disabled” under the Equality Act 2010 and therefore protected against discrimination. I would like to think that every employer would be compassionate in…
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