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

· by Emma Browning
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…

If an employee resigns after disciplinary proceedings have started should the employer continue the procedure?

· by Emma Browning
If the employee resigns with immediate effect, their employment will terminate. There is little point in continuing a disciplinary procedure in respect of an employee who is no longer employed, as no disciplinary sanction can be imposed against a former employee. However, the disciplinary information collated should still be retained for a period of up to one year after the employee’s resignation, because it may be needed as evidence should the employee subsequently try to claim constructive dismissal or unlawful discrimination in relation to the conduct of the disciplinary proceedings.…

Can an employee take annual leave while on long-term sickness absence?

· by Emma Browning
An employee who is on long-term sickness absence may wish to book a period of annual leave in order to receive full pay for that period, for example if they have exhausted all entitlement to sick pay, or is receiving only statutory sick pay. The law does not prevent employees from taking annual leave while on sickness absence. It would usually be in an employer’s interests to agree to an employee’s request to take annual leave, to avoid them accruing significant amounts of leave while on sickness absence. If it…

Is long COVID a disability under the Equality Act 2010?

· by Emma Browning
It is possible that long COVID could meet the definition of disability under the Equality Act 2010, but this would depend on the circumstances in each case, and the impact that the condition has on the individual. Under the Act, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. A person does not need a formal diagnosis of a particular condition to fall within the definition, but they must be able…

Should we fight or settle a claim against us?

· by Emma Browning
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…

Top 5 HR Questions for May

· by Emma Browning
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?…

Meraki HR are Springing into action to help you resolve your biggest People Challenges!

· by Emma Browning
To sign up for one, two or all three packages then contact us with your preferred package(s), and we will put in place the necessary arrangements to address your key challenges. Are you struggling to attract the right people to work for you? If so, you need the Fatal Attraction Package – £1,995 We conduct an Employer Brand Audit and we look at everything you do to “sell and promote” your employer brand to prospective candidates, right from how you write your Job Descriptions, your Job Adverts, your Careers Page…

Let’s not talk about the Great Resignation, let’s talk about the Great Revelation!

· by Emma Browning
Increased flexibility and greater autonomy during the pandemic afforded workers more time to spend pursuing interests outside of work and even spend more time with their children and partners, and most of us decided that we quite liked these changes! Companies that have remote workers tend to fall into two different types of remote working. Remote companies are either fully or partially remote. Sometimes, they also require people to work from a number of locations. However, central to the majority of remote companies is that most team members have the…

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

· by Emma Browning
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…

March’s TOP 5 HR Questions

· by Emma Browning
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…