Category: EmployLaw
Jan 2022
Menopause and the workplace: Updated guidance is on the way
In a world where we are increasingly aware of our health and safety, where covid has taught us to look after ourselves and others, it feels like now is the right time to be turning our attention to something that is long overdue - how do you manage staff sickness for menopause symptoms?
Jan 2022
Holiday Entitlement and Holiday Pay – Key points for Employers
Holiday entitlement and pay is a notoriously difficult area for HR practitioners. Typical challenges include calculating holiday entitlement for casual or zero hours workers, accounting for bank holidays for part-time staff and trying to keep up with the constantly evolving case law regarding what aspects of employee remuneration are deemed “normal pay” and therefore must be included in holiday pay. We summarise the main questions and answers below. However, legal advice should always be taken on a specific scenario. The below should only be treated as guidance.
Jan 2022
Grievance Procedure – Key points for Employers
Most employee grievances can be resolved quickly and informally through discussions between the employee and a manager. Where that doesn’t work, the employee may raise a formal grievance and employers should have a written grievance procedure in place that explains what happens and which staff know about. An employer’s grievance procedure should always comply with the ACAS code of practice on disciplinary and grievance procedures. The grievance process applies to all employees regardless of length of service. It may also be applied to others e.g. grievances raised by workers, such as agency staff, particularly where those grievances relate to allegations of discrimination or malpractice.
Jan 2022
IKEA cuts sick pay for unvaccinated staff who are self-isolating due to Covid exposure
A significant social media backlash followed the announcement by IKEA that only staff fully vaccinated against Covid-19, or those who have mitigating circumstances, will receive enhanced company sick pay in the future when self-isolating due to Covid-19 exposure. Self-isolating workers who are unvaccinated and do not have any mitigating circumstances will only receive Statutory Sick Pay ("SSP"). Unvaccinated workers are still required to isolate for a period of 10 days following exposure. In contrast, fully vaccinated staff are not.
Jan 2022
Jan 2022
Disciplinary Procedure – Key points for Employers
A Disciplinary Procedure is a framework for managers to use to maintain satisfactory standards of conduct and, where necessary, encourage improvement and/or issue formal warnings. A disciplinary procedure generally applies to all employees, regardless of length of service but does not apply to workers or self-employed contractors. If an employer does not follow its disciplinary procedure, an Employment Tribunal can make a finding of unfair dismissal, even where the employer had a fair reason to dismiss an employee. Notwithstanding this, it may not be necessary to follow the disciplinary procedure when managing the behaviour of an employee who has less than two years’ continuous service because such employees generally cannot bring a claim for unfair dismissal. This will always be fact specific and accordingly, employers must take further advice before making such decision.
Jan 2022
Can staff who are afraid of catching Covid-19 refuse to return to work in the office?
Is fear of Covid -19 a protected belief under the Equality Act 2010?
The Manchester Employment Tribunal has recently held that employees cannot use a fear of catching Covid-19 as a reason not to return to working from the office on grounds that it is a philosophical belief protected by the Equality Act.
Dec 2021
Sunak support provides welcome boost to hospitality
£1bn to help fund businesses hit by the latest rise in Covid-19 cases.
Dec 2021
Sick Absence and Fit Notes: Temporary New Rules
Sick absence updates
Some temporary regulations affecting sick absence were published on 16 December 2021 and came into force on 17 December 2021.
Dec 2021
Can my employer refuse my request for Christmas holiday?
Q: My employer has just declined my leave request for some time off over Christmas. The reason they gave was that others had already put their requests in before me and that it would leave them short staffed. I feel this is unfair as I only joined the company recently - is their refusal legal?
A: I’m sorry to hear that, and it must be disappointing for you. Dealing with leave can be quite complicated for both employers and employees - especially when lots of people want to take leave at the same time - like at Christmas.
