Discrimination in Recruitment & Selection
The Equality Act 2010 protects individuals from discrimination throughout the employment lifecycle, from recruitment through to contract termination. This means that even before an employment relationship is created, job applicants are protected by law from unfair treatment during the recruitment and selection process. If an employer breaches the provisions under the Equality Act, they risk a […]
Dismissing a Director of a Limited Company
Dismissing a director of a limited company can raise complex and sensitive legal issues. Many directors are also employees or shareholders, so before terminating a contract and dismissing them from office you will need to understand the legal implications of dismissal to avoid the potential for a dispute and exacerbating a contentious exit. Check the […]
Sackable Offences List (Avoid Unfair Dismissal)
Dealing with issues of gross misconduct can raise a number of legal risks for employers. Employees are protected by law from unfair dismissal, which means any decision to terminate a contract of employment due to conduct must be the result of a fair and lawful disciplinary procedure. In this guide, we look at examples of gross misconduct […]
Coronavirus Job Retention Scheme (How to Claim)
The Coronavirus Job Retention Scheme has been extended until 31 March 2021. The Chancellor has effectively reverted the scheme back to the August provisions, namely, that the Government will cover 80% of furloughed employees’ wages for businesses affected by the COVID-19 restrictions. Employers will be required to pay national insurance and pension contributions. Government contribution up […]
Job Support Scheme (Employers’ Guide)
The Job Support Scheme (JJS) has been postponed until the Coronavirus Job Retention Scheme (CJRS) closes, at the earliest. The CJRS is due to close on 31 March 2021. Further guidance on the new scheme was issued on 22 October, which amended and enhanced a number of the initial features. In a pragmatic change, the […]
How Long Does A DBS Last?
A Disclosure and Barring Service (DBS) check is a criminal record check that an employer can request as part of their recruitment process, in this way ensuring that they are only recruiting suitable people into their organisation and for the job role in question. This is especially important when the person will be working with […]
Employment Law Reasonable Travelling Distance Rules
If you are relocating to new premises, or asking an employee to move to another office or branch, you will need to understand how you can legally request a move. This includes exactly how far you can expect an employee to travel to their new place of work. However, the employment law rules relating to […]
Manager Accused of Bullying at Work?
What should an employer do if a manager is being accused of bullying at work? What do we mean by bullying at work? Employees are protected by law from bullying. Yet bullying in the workplace is most commonly cited as coming from those in a position of seniority such as managers. There is no legal […]
Reasonable Adjustments for Mental Health
Employers have a legal duty of care towards their employees. This requires them to do all they reasonably can to support the health, safety and wellbeing of their workforce in the workplace. This duty relates not only to physical aspects but also to the mental health and wellbeing of employees. Employees suffering from a qualifying […]
Managing Redundancy During Maternity Leave
Employers should approach any redundancy process with caution. This demands giving full consideration to the legal implications of making employees redundant, while minimising the impact on morale and the performance of your workforce. Redundancies can, however, become further complicated in circumstances where the law affords the worker additional protections, such as if the employee is […]
Phased Retirement (Guide for Employers)
In an age where people are living longer and healthier lives, and wanting to stay in work beyond a pensionable age, employers should be looking for ways to facilitate a fuller working life for their employees, which could include phased retirement. Phased retirement refers to ways in which an employer can provide older workers with […]
Employing An Apprentice (Employer FAQs)
Employers choose to hire apprentices because they can train these individuals in the specific skills needed by their organisation, resulting in a better qualified and motivated workforce. The Government is also trying to ensure that apprenticeships are an attractive option for employers by incentivising them financially to take on more apprentices. However, employers have to […]
Piece Work & Paying Per Task
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 […]
Staggered Hours (Flexible Working Guide)
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 […]
Probation Review: Tips For Managers
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 […]
How To Prepare For An Employment Tribunal Preliminary Hearing
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 […]
Unlawful Deduction of Wages (Employers’ Guide!)
Part II of the Employment Rights Act 1996 sets out various statutory provisions that protect workers from unauthorised or unlawful deductions from their wages. The definition of “worker” includes any individual working under a contract of employment, or any other contract, whether oral or in writing, whereby they undertake contractually to do or perform personally […]
Employment Tribunal Time Limits
The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation. Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. […]
Home Working Risk Assessment (Employer Guide)
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 […]
Should I Furlough My Employees?
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 […]