• Reasonable Adjustments for sick staff returning to work
  • The issue of how much support employees should provide staff who are returning from work after a period of sickness absence is one that we frequently discuss with our clients. Reasonable adjustments is the phrase we use that relates to the changes that an employer makes in relation to the employee’s workplace or duties which…

  • Do I have to pay staff when they are asleep?
  • Does your company require employees to spend the night at your workplace, but also allow your employees to sleep during this period if there is no work? If so, then yes, you do have to pay your staff when they are asleep. And you to have pay them the national minimum wage. So, although your…

  • How long should a Restrictive Covenant be?
  • We discuss with all of our clients the need for a restrictive covenant in their employment contracts. A restrictive covenant prohibits ex-employees from approaching their previous employer’s customers for a specific period of time. The issue has been tested in the courts several times recently, and the over-riding conclusion is that the restrictive time period…

  • Has an employee the right to be accompanied at a Grievance or Disciplinary Hearing?
  • At any formal hearing with an employee, such as disciplinaries or grievances, an employee has the right to be accompanied by a colleague, or where it’s applicable by a Trade Union representative – otherwise known as a “companion” Employees need to be informed of their right to representation when they are invited to a hearing,…

  • New Code of Practice for Subject Access Requests.
  • We frequently support our clients who have been subject to a Subject Access request – when an employee has asked for personal information about themselves which is held by a company. This can include their personal files, documents and all emails where the subject matter pertains to them. There has been a new Code of…

  • When does a zero-hour worker become an employee?
  • The Chartered Institute of Personnel and Development (CIPD) believes that there are one million people across the UK could be employed on zero-hours contracts. There are many benefits for employers using zero-hour contracts, predominantly because they enable employers to create a flexible workforce. However, they can be open to abuse by employers. The key benefit…

  • Adjusting Sickness Absence Targets for Disabled Staff
  • One of the most significant Employment Tribunal cases this last year is “Whiteley” In this case, Whiteley was disabled, and her disability was asthma. Her condition was exacerbated by respiratory infections which resulted in some absences from work. The company’s policy stated that if an employee is absent through illness for 10 days or more…

  • Changes in Harassment Legislation
  • Under the Equality Act 2010 an employer can be vicariously liable for harassment by a third party (such as a customer or a contractor) if (a) that third party had harassed an employee on at least two previous occasions; and (b) the employer had failed to take reasonably practicable steps to stop the harassment. The…

  • The Introduction of Employment Tribunal Fees
  • Since 29 July 2013, all employees making an Employment Tribunal claim (“claimants”) have been required to pay a fee when submitting their claim. Fees are levied at two stages, and there are two levels of fees. 1. The claimant will be required to pay a fee at the issue of their claim: an issue fee…

  • A brief explanation of “Employee Shareholders”
  • The concept of Employee Shareholders is new employment statues, that allows your staff to give up some employee rights in exchange for shares in your company. Key Facts: – Any member of staff can apply to be an employee shareholder – However, you cannot force your staff to become employee shareholders – Employees must receive…