Category: Support

Culture and change
Emma Browning

Q. Can an employer use a trial period to test whether a proposed flexible working arrangement would work?

Yes, an employer and employee may decide that a trial period should be implemented in respect of proposed flexible working arrangements. A trial period allows both the employer and the employee an opportunity to review how the arrangements work in practice, and whether or not they are likely to create any practical difficulties for the employee’s department or for the business as a whole. The employer must notify the employee of its final decision within three months of an employee’s statutory request for flexible working, unless the employer and employee…
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Employment law
Emma Browning

Q. How should an employer calculate a term-time worker’s paid holiday?

There is no specific legislation setting out how to calculate holiday pay for term-time workers. Employers must ensure that the paid holiday of term-time workers is not less favourable than that of full-time workers (as this would be unlawful under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)). Employers must also ensure that term-time workers receive at least the statutory minimum entitlement of 5.6 weeks’ paid annual leave a year. The employer can designate periods during the school holidays to be the term-time worker’s annual leave…
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Employment law
Emma Browning

Q. Where an employee has two jobs which employer is responsible for ensuring that their total weekly hours do not exceed the working time limits?

Employers are obliged, under reg.4 of the Working Time Regulations 1998 (SI 1998/1833), to take all reasonable steps to ensure that the 48-hour limit on weekly working hours is complied with. This means that, in this situation, both employers will be obliged to ensure that the employee’s total working hours in the two jobs combined do not exceed this limit unless the individual has chosen voluntarily to sign an opt-out agreement. If an employer knows or suspects that one of its employees has another job, it should make reasonable enquiries…
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Culture and change
Emma Browning

Q. Is an employee who has exhausted their sick pay entitled to notice pay if dismissed on grounds of ill health?

Where an employee has exhausted their sick pay, whether they are entitled to payment during their notice period is a complicated question. It depends on the amount of contractual notice compared to statutory minimum notice. An employee who is going to be dismissed on the grounds of ill health is always entitled to receive notice, and the notice you have to give, will be the greater figure of the contractual notice period and the statutory minimum notice period. Section 88(1)(b) of the Employment Rights Act 1996 provides that the employee…
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Culture and change
Emma Browning

How Stay Interviews could help you keep hold of your best employees

I want to talk about the importance of listening to your employees. In HR, we conduct exit interviews when people leave the business to find out the real reasons for people leaving, as this may help us to identify and resolve any key issues in the business. But, in my opinion, the exit interview is often too late! In the current economy, we know how tough it is to find good people, therefore you need to know that your employees are here to stay, so I would like to introduce…
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balanced scales
Employment contracts
Emma Browning

What to do if you are worried that you are not being a legally compliant employer

A business contacted us recently to say “I attended an Employment Law seminar online the other day, and I’m now worried that we are not a compliant employer! What can I do to make sure we are doing what we should be?” First thing is not to panic! Many of these online seminars are in essence a sales opportunity and will play on “fear tactics.” I’m not denying that there are a lot of responsibilities if you are an employer, but you have to get these into perspective! The best…
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Policies and procedures
Emma Browning

With the cost-of-living crisis – should we be giving people a salary increase?

Many clients have contacted us with this question in the last month, and there really is no right or wrong answer to this question, it really depends on whether your business can afford to or not! If you have the cashflow to do so, you may want to consider a “one off” payment as a lump sum, or an uplift in salary for an agreed period of time. What’s important is that this is clearly communicated as a one off, or gesture of goodwill, so that it is not considered…
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Policies and procedures
Emma Browning

Do you dread having appraisals or reviews with your team?

Call them what you want to, many managers dread “appraisal season!” Do you want to look forward to having reviews with your team? Whether you call them reviews/appraisals/PDR’s, many managers dread having to sit with each of their team to have the dreaded “appraisal” meeting, and that’s often because they forget that this meeting should just be about having a good conversation! Many managers are under a great deal of pressure and don’t have the time to prepare for these meetings or may not be confident in giving their team…
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Culture and change
Emma Browning

6 ways to embed Equality, Diversity and Inclusion into your business

Having a diverse and inclusive workplace is important not only ethically but also for improving employee morale, boosting innovation and enhancing business success. It’s not enough for employers to express their commitment to diversity and inclusion in their mission statements and policies. Employers must ensure the concept is embedded in their organisations and that their equality, diversity and inclusion policies are implemented fully and reviewed regularly. 1.Train people managers in diversity and inclusion A working knowledge of discrimination law is crucial to the successful functioning of any organisation. It is…
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Employment law
Emma Browning

Q: What do I need to do as a business, if an employee is being sexually harassed by one of our customers?

Firstly, take this seriously! Don’t brush it off because it’s a customer or a supplier, you need to investigate this matter thoroughly and make sure that your employee is ok. Such a sensitive matter needs to be handled with care and sensitivity and you should seek HR advice to help you manage this matter in the right way. The government has published its response to a consultation on workplace sexual harassment, confirming a new duty for employers to prevent sexual and customer or third-party harassment. This is likely to include…
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