Employment rules and regulations are serious stuff. If it goes it wrong it can be expensive, stressful, time consuming and will cause your business reputational damage. An experienced HR person well versed in the in the maze of employment rules and regulations will see you safely through the minefield.
There are several myths around concerning employment rules I have shown below some of the more common fables.
Employment contracts
People believe contracts can only exist if they are in writing. Wrong, a contract can be a verbal agreement although it is better to have it written to avoid ambiguities.
An employee’s service starts from day one not from the end of the probation period.
Employment status
If you write the contract correctly you can avoid treating staff as employees or workers. Wrong, a tribunal will always look at what is happening on the ground not what the paper says. Remember although employees have more rights, both employees and workers are entitled to minimum wage rates, working time regulations, paid holidays and other rights.
Holidays
Everyone has the right to have bank holidays. Wrong everyone does have the right if they work full time to take 28 days holiday a year including bank holidays but those days do not have be on the bank holiday. They are not normally entitled to extra pay for working the bank holiday but they must have 28 days off per year.
Holidays while off sick? Yes, employees can accumulate holiday while on sick leave and whats worse for the employer they can go back over past 18 months if you are on long term sick.
Holiday pay
Remains a messy area especially for term time employees and the need to account for commission, bonus and other allowances when calculating holiday pay for 1st 20 days holiday.
Pregnancy and maternity leave
There are many fables in this area but just to repeat employees do accumulate holiday when off on maternity or other family leaves.
They can have up to 10 keep in touch days at normal pay during their maternity leave even if they work part time
an employee can go on maternity leave again shortly after they return to work following their previous leave but remember as the 1st6 weeks of maternity pay is based on 90% of their last salary therefore this element of maternity pay will be less.
On their return they cannot automatically assume they can work part time they will have to submit a flexible working request and agree with their employer.
When looking for temporary cover for a pregnant employee you cannot automatically exclude a pregnant candidate -crazy but true.
TUPE
At present you cannot harmonise terms and conditions for employees transferred across there is no safe period after which it is ok.
Disciplinary Issues
Right to be accompanied can be extended to a proper trade union official even if the company does not recognise the union. The representative does however have to show they are an official of the union and have received some training in this area.
An employer cannot dismiss an employee without following the ACAS code you can suspend but you must investigate and give the employee a chance to defend themselves and after dismissal an opportunity to appeal. When dismissing an employee you always have to pay them for their accrued holiday up to time of dismissal
To separate fable from fact contact me initial 45 minute free consultation.
You can reach me at https://www.ukemploymentlawadvice.co.uk/contact
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