Category: Employment law

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

Top 5 HR Questions for May

1.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?…
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Employment law
Emma Browning

The lessons to be learnt from P&O’s recent mass sackings of its employees

After two years of financial turmoil, ferry company P&O made 800 staff redundant a few weeks ago amongst outrage, after hundreds of staff were told via a video clip that, “due to a massive financial black hole, they were being sacked immediately, to be replaced with cheaper agency staff.” P&O said it was a “tough” decision, but it would “not be a viable business” without the changes. However, the excuses haven’t dampened the furious backlash from many corners, whether it’s from ex-employees themselves, union bosses or MPs who scathingly criticised…
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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

Are you a legally compliant employer?

There have been many HR challenges in the last 2 years, but that doesn’t let you off the hook as far as being a legally compliant employer goes! Every business needs to ensure its legally compliant, but hat every business wants is a team who 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 a regular HR Health Check is an essential part of good business practice. Not only will…
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Employment law
Emma Browning

What is the Employee Companion’s role at a disciplinary or grievance hearing?

Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker’s case, sum up the case and respond on the worker’s behalf to any view expressed at the hearing. They must also be permitted to confer with the worker during the hearing. However, the companion has no right to answer questions on behalf of the worker, to address the hearing if the worker does not wish them to do so, or to prevent the employer from explaining its…
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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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Employment law
Emma Browning

Can we stop contractual sick pay to employees having to self-isolate if they are unvaccinated?

If you have stopped watching the news as so many people have these days, you may have missed this recent story in the press and social media. There are a number of companies such as Ikea, Next, Morrisons and Ocado who have withdrawn contractual sick pay for unvaccinated staff who have to isolate as a contact of someone with Covid, limiting their pay to statutory sick pay (SSP) only for the isolation period.  There are also reports that many other companies will follow suit. Ikea have reportedly been clear that…
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Employment law
Emma Browning

What is an employee’s holiday entitlement if an extra bank holiday is granted one year?

If an extra bank holiday is announced to mark a particular occasion, for example a royal wedding or the Queen’s Platinum Jubilee, as we have been given this year, whether or not employees are entitled to an additional day’s holiday will depend on the wording of the employment contract. Employees do not have an automatic right to paid time off on a bank holiday. If the employment contract states that the employee’s annual leave entitlement is a certain number of days plus bank holidays, they will be entitled to the…
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