Does My Employee Have the Right to Be Accompanied at a Probation Review?
When the probation period is failed, there is the question as to whether an employee has a right to be accompanied at the meeting in which they are told that they are being dismissed. The purpose of this post is to help employers understand where they stand and whether the right to be accompanied should…
Employer Guidance for Visa Sponsorship
Over the last few years, we have seen a sharp increase from businesses who are looking to offer a visa sponsorship to workers who do not have the right to work in the UK. In this post, we’ll outline some of the key areas that you should be aware of if this is something that…
How to Conduct ‘Right to Work’ Checks
On 1st October 2022, the way in which companies check right to work documents changed. This article summarises the new rules, and provides reminders for conducting right to work checks and the penalties you can face for employing individuals who do not have the right to work in the UK.
The Right to Appeal – What Does It Mean and When Does It Apply?
Employees have a right to appeal decisions relating to certain HR processes and in this blog post we look at this right in more detail so that you can understand when it applies and how you should deal with appeals.
Management Discretion: Consistency in Applying HR Policies
Many of our clients have policies in place which set out clearly what their position is and yet they all tend to contain the phrase “Any variation from this policy is entirely at management discretion”. Clients have found themselves being accused of discrimination because they have treated individuals differently, so is it really possible to…
Can You Change an Employee’s Terms and Conditions of Employment?
Changing terms and conditions of employment can be difficult. We’ve recently had a number of our clients ask whether they can change their employees’ terms and conditions of employment, particularly following a TUPE transfer. A simple answer is yes you can, but you need to follow a diligent process and be aware of potential pitfalls.
How Do You Calculate Employee Holiday Correctly?
Holiday calculations can often be confusing, for example, if someone joins or leaves a company part-way through a year, or what happens with holiday when on maternity leave. This blog post answers the questions we receive most frequently on how to calculate employee holiday.
Tips on Managing Summertime Employee Absenteeism
At this time of year employee absenteeism can be on the rise. It’s not the coughs and colds that lead to the “I’m too ill to work” telephone calls, it tends to be more related to sunburn and Pimms! Obviously, it can be very difficult to prove that someone isn’t genuinely ill but there are…
Can and Should You Always Dismiss an Employee for Gross Misconduct?
Many employers have a list of behaviours in their employee disciplinary policy that constitute gross misconduct. If an employee commits one of these ‘crimes’ then the outcome is clear, right? Well, not necessarily. This post sets out the process and considerations that you need to make before dismissing an employee on the grounds of gross…
Can Gagging Orders be Enforced?
Typically, gagging orders are included in settlement agreements for legitimate reasons but they have been used to cover up matters that organisations would prefer others to not find out about. This post provides insights into what you can do when it comes to gagging orders and what to avoid.
The Right to Request Flexible Working
Any employee who has more than 26 weeks’ service has a legal right to request flexible working which covers not just the hours that they work, but also where they work from. This post gives insight into the rules and what you, as an employer, should do when you receive a flexible working request.
Death in Service: What To Do When an Employee Dies
Dealing with a death of an employee can be a tragic and challenging time. Fortunately, it is unlikely to happen that often so you shouldn’t have to deal with it regularly. It’s never a nice time and your focus is likely to be on many things, so here are a few steps that can help…
Parental Bereavement Leave and Pay Regulations
Insights into the Parental Bereavement Leave and Pay Regulations, known as Jack’s Law, will provide a statutory right to a minimum of 2 weeks’ leave for all employed parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy.
How Can Employers Avoid Age Discrimination in the Workplace?
Age discrimination legislation has been around since 2006. Despite this, some workplaces still seem to be catching up with the idea that inappropriate references to age in the workplace can land them in the same kind of legal nightmare as inappropriate references to gender or race.
What are the Rules around Continuous Service and Redundancy?
There’s nothing like a possible redundancy process to make people pay attention to their length of service. For the first time since they signed their employment contract, people will be looking for confirmation of when their service started so that they can check their redundancy calculations. It is at this stage that we often find…
Are Your Employment Contracts Up-To-Date?
Now we know employment contracts are not the most exciting of topics but they can become exciting when you want to rely on them to protect your business! Employment law and employment law interpretation change constantly but when was the last time you updated your contract?
What Are the Rules on Giving Employees Notice?
The requirement for notice to be given is understood by everyone however, whilst this might seem like a rather straight forward process, there are circumstances that make experienced managers hesitant. In this blog we clarify how notice provisions should apply.
Is Vaping at Work Allowed or Not?
Whilst the smoking ban is quite straightforward, the concept of e-cigarettes or ‘vaping’ is still causing confusion with employers. Whilst not entirely risk-free, vaping is considered to be around 95% safer than normal smoking so should vaping at work be allowed?
The Right to be Accompanied: When Does it Apply?
We’ve had a lot of cases recently when questions have arisen regarding an employee’s right to be accompanied at various meetings. Given that it’s something that has come up quite frequently we thought we’d take this opportunity to provide you with some more information on this right and how it works.
Post Termination Restrictions: What You Can and Can’t Do
When a key employee leaves your organisation, one of your concerns may be whether they are about to steal your clients and intellectual property. It is common practice to include post-termination restrictions within your employment contract to limit this. Our post covers what you should consider to ensure the covenants are enforceable.
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