Category: Policies and procedures

Virgin Media and O2 logos
Culture and change
Emma Browning

Find out what Virgin Media are doing to ensure they can attract and retain top talent into their team as well as increasing their profits

When Virgin Media and O2 announced they would be merging in a £31billion mega deal last summer (2021), the newly united firm’s Chief Executive, Lutz Schüler, promised to “connect more people to the things they love (and) support communities across the country.” Nisha Marwaha is their Director, People Relations and Diversity, Equality and Inclusion. Marwaha explained that, at Virgin Media O2, there’s a compelling business case for diverse representation. She stated: “I think there’s a higher likelihood of outperformance (against the competition) with the more diversity you have and given…
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balanced scales
Culture and change
Emma Browning

5 Misconceptions about Equality, Diversity and Inclusion

What do we really understand about Equality, Diversity and Inclusion (EDI)? Interest in EDI has boomed in recent years – but often with little discussion about how to practically implement EDI policies and practices. With identity politics in the news right now following the recent decision to ban transgender men and women from participating in certain sports, it’s easy to fixate on awareness and neglect actionable change that implements the EDI values a business wishes to uphold. However, EDI doesn’t have to be an intimidating subject, and making it easier…
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Employment law
Emma Browning

How do I deal with a grievance that an employee has raised?

We have seen a significant increase in the number of grievances that we are being asked to manage. Why this is, we are not entirely sure, but what we can be sure about, is that if not handled well, they can often lead to a constructive dismissal claim or discrimination claim from an employee. By law, every company should have a grievance policy. The formal, written document should let employees know who they should contact with their grievance, the process of dealing with the grievance and how to appeal should…
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Employment law
Emma Browning

Can an employer ask a prospective employee to fill in a medical questionnaire?

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some exceptions). If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offer of employment, it must ensure that it has a legal basis to do so under the UK…
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Employment law
Emma Browning

In what circumstances can an employer reject a request for flexible working?

Employees have a right to request flexible working once they have been employed by you for 26 weeks or more. However, there is a lot of speculation that the 26 week limit may be removed – so watch this space! An employer can refuse a statutory request for flexible working if the refusal is based on one or more specific grounds as noted below. The list of grounds for refusal, as set out in s.80G(1)(b) of the Employment Rights Act 1996, is drafted in very broad terms. The specified grounds…
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Employment law
Emma Browning

How long must an employer consult with employees for when seeking agreement to change their contracts?

An employer should always consult individually with employees with a view to obtaining agreement to changes to their contract of employment, and the employer may also have an obligation to consult collectively depending on the number of employees the changes affect. The length of the individual consultation period required will depend on several factors, including the number of employees involved, the nature of the proposed change and the employees’ responses to the changes. There is no minimum time frame for individual consultation. If the employees agree to the proposed changes,…
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Policies and procedures
Emma Browning

Q: Are employers required to provide a prayer room for staff?

Employers are not specifically required to provide a prayer room. However, if a quiet place is available, and allowing its use for prayer would not cause problems for other workers or for the business, the employer should agree to it being used for the purposes of religious observance. Where an employee’s religion requires observance of particular prayer times during the working day, this should be respected wherever possible. Willingness to accommodate the religious needs of employees is likely to be in the employer’s interests, as it will help maintain the…
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Policies and procedures
Emma Browning

Q: Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period?

Yes, an employer can require an employee to repay the whole or part of their contractual maternity pay if they do not return to work for a minimum period after their maternity leave has ended. To avoid any mis-understandings, it would need to have been specified in their contract of employment, your Maternity Policy and also clearly stated in their letter confirming their maternity leave start and end dates. However, the employer cannot require the employee to repay the part of their pay that relates to statutory maternity pay or…
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Employment law
Emma Browning

Q: If an employee is off sick on a bank holiday, do we need to pay them for the Bank Holiday or give them additional time off?

The employee’s entitlement will depend on whether or not the bank holiday forms part of their statutory holiday entitlement under the Working Time Regulations 1998 (SI 1998/1833). Under the Regulations all workers are entitled to 5.6 weeks’ paid holiday in any leave year. Where an employer grants employees the minimum holiday entitlement under the Regulations (5.6 weeks) and this includes bank and public holidays, a bank holiday will form part of the employee’s statutory holiday entitlement. In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the European Court of…
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Employment law
Emma Browning

Can unused statutory annual holiday be carried forward to the next holiday year?

Workers are entitled to 5.6 weeks’ statutory holiday each year. This is made up of an entitlement to four weeks under reg.13 of the Working Time Regulations 1998 (SI 1998/1833) and an additional 1.6 weeks under reg.13A. The four-week holiday entitlement under reg.13 (which derives from EU law) may not be carried forward into the next holiday year (although see below for different rules that apply as a result of the coronavirus (COVID-19) crisis). The position with the additional 1.6 weeks’ holiday under reg.13A is different. Regulation 13A allows for…
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