Anne Morris

Different types of working arrangements are being considered and adopted by employers as organisations respond to changes in the market. In some cases, this involves a combination of new and traditional practices that meet both the individual needs of the worker and the operational needs of the business. Piece work, in particular when performed at home, is a perfect example of this. Below we examine the rules relating to piece work, from what is a fair rate of pay for this type of work to the piece worker’s paid holiday entitlement. What is piece work? Piece work is a type…

With flexible working on the rise, arrangements such as staggered hours can offer both the employer and employee advantages. We look at what is meant by staggered hours and the key legal and HR considerations for employers adopting this approach, either on a temporary or permanent basis. What are staggered hours? There are various different ways of working flexibly, including working from home, job sharing, and working reduced or compressed hours. Flexible working arrangements can also include having different start and finish times to other workers. This is known as staggered hours, or working staggered shifts. Staggered hours are defined…

The reality is, the person who performed best at the interview may not necessarily turn out to be the best fit for the job. The probation period offers employers – and employees – a defined timeframe in which to decide if the ‘fit’ is right and the employment relationship is mutually agreeable. The purpose of the probation review process is to allow your organisation the opportunity to determine if an individual is meeting the requirements of their new role. Performance can be measured in a number of ways, in areas such as technical expertise and capability to fulfil the role…

Employees forced to resign as a result of their employer’s conduct in the workplace may be eligible to claim constructive dismissal. Below we provide some constructive dismissal advice, from what this means and who is eligible, to how to approach a potential claim for constructive dismissal, both before and after resigning from your job. What is constructive dismissal? Constructive dismissal is where an employer has committed a serious breach of contract, to which an employee resigns in response to that conduct. To prove a constructive dismissal you must be able to show that the breach committed on the part of…

The importance of preparing for an employment tribunal preliminary hearing is not to be underestimated. While not designed to bring a workplace dispute to a conclusion, the preliminary hearing is intended to help parties prepare for the final hearing, and decisions can still be made that could affect your ability to defend a claim. The following guide for employers looks at how to prepare for an employment tribunal preliminary hearing, providing practical tips on approaching this stage in the claims process effectively. What is a preliminary hearing? As an employer, you may find yourself defending a claim in the employment…

Given the current work from home requirements due to the COVID-19 outbreak and the phased return to work post-lockdown, home working is expected to become more widely adopted. For employers, this means giving full consideration as to how home working will work on a longer term basis, and what this means in terms of assessing and mitigating risks. Advantages of allowing employees to work from home There are many benefits to both parties if an employer allows their employees to work from home. Reduced overhead costs for the employer Having fewer people in the workplace reduces costs such as electricity,…

Businesses forced to close to reduce the spread of coronavirus and those that are still operating but seeing no or very little work are now looking to lay offs, asking workers to take unpaid leave or to furlough employees to reduce their outlay on salaries. Can you force employees to take unpaid leave? Despite the enormity of the coronavirus crisis, the normal employment law rules relating to unpaid leave continue to apply. In the absence of any express contractual right to impose unpaid leave, forcing an employee to take time off without pay would amount to a breach of contract.…

Understanding how Statutory Sick Pay (SSP) works is an important part of being a responsible employer, especially during the current COVID-19 pandemic. If you want to find out more about SSP and when to use the SSP1 form, the following guide covers the rules on employee entitlement, notice, self-certifying and fit notes, as well as the sick pay provisions due to the coronavirus (COVID-19). What is the SSP1 form? The SSP1 form is the form employers must complete when an employee is not entitled to Statutory Sick Pay (SSP), or when an employee’s SSP has or is coming to an…

The Equality Act 2010 was introduced as the primary piece of legislation for the enforcement and prevention of discrimination. Its powers extend to the workplace, supporting anti-discrimination in all areas of employment. The Act covers the specific ways in which certain personal characteristics known as protected characteristics are safeguarded, and looking specifically at employment, sets out what employers must and must not do to comply with their duties. What are protected characteristics? Protected characteristics are a set of qualities, attributes or traits that the law specifically protects from discrimination under the Equality Act 2010. There are nine characteristics in total…

When an employer considers the possibility of making compulsory redundancies in their workforce, they should always investigate any available alternatives to that course of action first. One of these alternatives is voluntary redundancy which may reduce the number of compulsory redundancies that an employer needs to make. It may even be that sufficient voluntary redundancies can be made to prevent the need for any compulsory redundancies. What is voluntary redundancy? Voluntary redundancy is where the employee chooses to take redundancy, rather than redundancy being enforced on them. An employee may be offered voluntary redundancy where compulsory redundancy is being considered…

Your employment status will depend upon the nature of the contract under which you are working. Different contract types can include full time and part-time contracts; fixed-term contracts; agency staff; freelancers, consultants and contractors; as well as zero-hours contracts. The following guide provides the answers to some frequently asked questions for employees under fixed-term contracts. What is a fixed term contract? A fixed term contract is different to a permanent contract that will run, as the name suggests, until otherwise brought to an end by either the employer or employee. In contrast, a fixed term contract lasts only for a…

As the foreign spouse of an EU citizen residing in the UK, you will need to apply for a new type of immigration status by 30 June 2021 to enable you to continue living in the UK lawfully after this deadline date. The following guide looks specifically at the residence rights of non EU spouses of EU citizens living in the UK post-Brexit. Rights of non-EU spouse of EU citizen in UK: The transitional period On 31 January 2020 the UK formally left the European Union (EU) under a revised withdrawal deal, entering into a transitional phase until the end…

Suspending an employee may be appropriate if there have been serious allegations of misconduct made against them and it would be detrimental to the investigation of these allegations to have the employee remain in the workplace. It is crucial to keep in mind that suspension itself is not a punishment. Rather, suspension is a necessary measure to maintain a safe and conflict-free work environment, an unbiased investigation, or both. This guide discusses how to suspend an employee from work in accordance with employment law, should you establish that this is the only reasonable course of action. The Advisory, Conciliation and…

If you are one of the tens of thousands of individuals employed in the UK on a zero hour or casual basis, it is important that you understand your employment rights under zero hour contract law. Below we provide a basic guide to zero hour contract law, including: what constitutes a zero hour contract your rights as a ‘worker’ under zero hour contract law – not an ‘employee’ your employer’s responsibilities under zero hour contract law what you can do if your employer breaches your legal rights when to seek legal advice for zero hour contract law matters. What is…

As a student currently in the UK under a Tier 4 visa, you may be looking to extend your stay to finish your existing course or to progress to a new and higher level of studies. Below we examine the rules relating to Tier 4 visa extensions, including the requirements, process and cost when applying for leave to remain. What are the Tier 4 visa extension requirements? As a Tier 4 (General) student, you may be able to apply for further leave to remain in the UK, either to complete your existing course of studies or to enrol on a…

Many working mothers face the challenge of balancing childcare with work, so it’s not surprising that requests to change their hours of work to fit around their family needs are popular, especially when returning to work after taking maternity leave. How should an employer approach such a request? Do employees have the right to reduce their hours? What are the benefits to an employer? What are the rules for reducing hours after maternity leave for both employer and employee alike? Do employees have the right to ask for reduced hours? All employees, not just those returning from maternity leave, have…

Grievances are problems, complaints or concerns that employees raise with their employer. They can relate to range of issues and if an employee raises a grievance, the employer is required to take the matter seriously and to try and resolve the issue, or risk the complaint escalating further, potentially into a tribunal claim. It is best practice for employers to have a formal grievance procedure in place to allow employees to make formal complaints, and for the grievance to be managed fairly and lawfully. Types of grievance at work Grievances can relate to a wide range of issues, but they…

Disciplinary action at work is the employer’s response to proven unacceptable behaviour or performance on the part of an employee, resulting in actions such as suspension or dismissal. Taking disciplinary action is just one part of the whole disciplinary procedure, and although it may be seen as an end point, it should be dealt with as seriously as all the previous stages of the process. Disciplinary procedure  The disciplinary procedure at work should be considered in relation to the following steps: Awareness The line manager or employer becomes aware that an employee’s behaviour or performance may be unacceptable to an…

In this article, we look at what travellers need to know about meeting the UK visa requirements and making a successful application to the Home Office. If you are a national of a non EEA (European Economic Area) country or Switzerland and you wish to enter the UK, even if it is only to travel through the UK to reach another destination, you will usually be required to apply for a UK visa. The different categories of UK visa have their own individual requirements which applicants must satisfy, along with the general requirements common to most UK visas. Choose the…

If you are living in the UK under a spouse visa, it will be important to understand how your immigration status will be affected in the event you divorce or separate from your British citizen spouse or civil partner. A spouse visa is the permission granted to a foreign national from outside the European Economic Area (EEA) or Switzerland to live in Britain with their spouse or civil partner. For your leave to remain to be valid, under UK immigration rules, you must remain in a genuine, subsisting and legally recognised marriage or civil partnership. This means your spouse visa…