Ask the expert: Holiday on sick leave?
Can an employee go on holiday when they are on sick leave, and if so, what are we supposed to pay them? Martin Brewer and Esther Smith advise. The question: Holiday on sick leave? An employee on long-term sick leave (work-related stress) obviously accrues his/her holiday entitlement during this absence. However, during this time if […]
Ask the expert: Are lost payslips a legal minefield?
If my employer loses an employee’s pay slips are they in breach of ID theft or data protection? Matthew Whelan and Esther Smith advise. The question: A member of staff was away on leave and the payslips (two months worth) were given to the line manager while they were away. When this person asked […]
On the case: Sick employee runs her own business on our time
An employee is claiming sick pay but is running their own business on the side: what should the HR manager do? Layla Bunni lays down the law. An employee has been on long term sick leave for over six months due to a bad back. She claims that her back condition prevents her from driving […]
Ask the expert: Sacked after 10 months
A graduate has been sacked after ten months, seemingly unfairly. Is there anything which can be done? The question: A person has been employed for approximately 10 months and passed probation after three months with no adverse comment. This is their first job after graduating from University. Recently they received a letter […]
Suspended sentence for NHS CV liar
In a reminder that HR professionals are not above the law, one senior NHS manager in Devon has just received a suspended prison sentence for lying about her qualifications. Kerrie Devine was a senior HR manager at East Devon Primary Care Trust (PCT) between 2003 and 2006, but had to reapply for her post […]
HMRC launches new crusade against minimum wage violators
A new Dynamic Response Team has been created, tasked with working on ‘high profile and complicated’ minimum wage cases. Her Majesty’s Revenue & Customs has launched a new body, the Dynamic Response Team, with the aim of resolving the most high profile and complicated National Minimum Wage cases. One of the key priorities for the […]
Ask the expert: vetting employees
Does rechecking only some of our employees to ensure they are able to work in the UK amount to discrimination? Matthew Whelan and Esther Smith advise. The question: In 2007 the company I work for started to vet new employees through a new vetting agency: they check the authenticity of passports and the right […]
Ask the expert: Can they replace my holiday with childcare?
If an employer is making a contribution to childcare, can they remove some of my leave entitlement? And should I be able to avoid tax on the childcare? The question: I have a little boy aged two and my current employer has agreed to pay my £245 that I would get from […]
Beyond belief? Faith and work – the legal considerations
No matter what your employees believe, they need to be dealt with correctly – or you will face the legal consequences, explain lawyers Natasha Koshnitsky and Rob McCreath. Picture the scene: the interview has gone well and the candidate has come across as well-qualified and suitable for the senior and highly sensitive vacancy. In the […]
Ask the expert: More notice than we wanted
If a contract says four weeks’ notice but an employee gives more, do you have to let them work that notice? Matthew Whelan and Esther Smith advise. The question: We have an employee who has handed in his notice, giving three months’ notice. His contract states he only has to give four weeks. […]
HR tip: Change of conditions
These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications. Question: If we change one of someone’s terms and conditions of employment, do we have to confirm it in writing or is the fact that he starts to work under the new term […]
Legal update: Third party disability discrimination
Recently an employee took her employer to tribunal after claiming that she was discriminated against, not for herself but on the basis of her son’s disability. Richard White, specialist employment solicitor at Withy King considers this case further. Although disability discrimination in the work place is often highlighted in the news and is an issue […]
Employing disabled people
The subject of employing disabled people is one that is likely to raise a number of concerns amongst employers. Unfortunately, most of these concerns are based on misinformation and prejudice. Jane Hatton, Managing Director of specialist training company The Diversity People (and who has herself become disabled) helps to put the record straight. Recruiting and […]
Ask the expert: Family business in breach of equal opportunities?
Is this small family business breaching equal opportunity legislation by employing family members automatically? Matthew Whelan and Ester Smith advise. The question: A small family business (circa 8 staff) employs predominantly family members. The business’s objective is primarily to provide jobs/earning capability for family. Business does employ non family members and does not […]
HR tip: Christmas overtime rates?
These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications. Question: What rates of overtime are payable for working on Christmas Day and Boxing Day? Reply: Unless you are subject to some form of collective agreement that determines these matters, the matter is […]
Ask the expert: Ex-employee still haunts us
This week a troublesome ex-employee is still causing issues. How should they be handled? The question: I have an ex employee who is now requesting a copy of their signed contract of employment. The employee left the company on bad terms. Their contract was terminated within their first year of employment for […]
Are MPs opening the floodgates for unfair dismissal claims?
Brian Rogers, head of compliance at law firm Lewis Hymanson Small, argues that the recent announcement that MPs can no longer have members of their family working for them will have far reaching implications for HR professionals and businesses across the UK. The proposals have not detailed how family members will be sacked and if […]
Unscrupulous employers take advantage of work experience ‘slaves’ to the tune of £214m
The desperation to gain work experience to become more employable in the midst of the worst youth unemployment since 1993 has led to many employers illegally taking advantage of students and young people. A study of nearly 2000 students has found that 16% have worked unpaid hours for an employer in the last year in […]
Ask the expert: Pregnant during a fixed term contract
This week, a contracted worker has announced pregnancy, but still expects to come back after maternity leave to finish the months she missed. Is this correct? Matthew Whelan and Ester Smith advise. The question: I have an employee who announced she was pregnant within one month of commencing a 12 month fixed term […]
Pensions update: Retirement planning for non-doms
New rules for non-domiciled individuals – avoid the minefield with Gillian Everell’s guide. As a result of the new rules for non-domiciled individuals the UK taxation treatment of certain investments (especially retirement planning vehicles such as personal or occupational pension arrangements) may prove a minefield for those who will for the first time be paying […]