Employment Law

Employing seasonal staff

By Angela Clay / June 14, 2019
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To cope with seasonal peaks in demand, employers in sectors such as tourism, leisure and hospitality often take on temporary staff during the busy summer months. Although you might term these helpful short‐term members of your team as “casual workers” it’s important that you don’t take a casual attitude to their employment rights. Don’t assume that because people are working for you on an informal basis, clear employment terms aren’t necessary. You and your workers still need to know what…

Preventing illegal working – why you must make checks

By Angela Clay / March 15, 2019
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Home Office rules on who can legally work in the UK were updated earlier this year and it’s vital that employers are fully aware of their obligations. Failure to comply with the updated Code of Practice on preventing illegal working can result in employers being fined £20,000 per employee, so you need to know if your workers have the right to work here. This Code of Practice sets out what checks employers should make to avoid a fine – and…

Rights to be accompanied at a disciplinary hearing

By Angela Clay / September 21, 2018
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A recent case highlights the importance of adopting a flexible and fair approach when dealing with a request from an employee to be accompanied at a disciplinary hearing and how failing to do so can render a fair dismissal unfair. In the case of Talon Engineering v Smith, the Company suspended Mrs Smith following allegations that she had made inappropriate comments, about other members of staff, in an email that she had sent to a customer. There was also evidence…

How to Improve your OFSTED Rating

By Angela Clay / September 21, 2018
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In recent times nurseries and childcare providers have faced many reforms within their industry leading to both challenges and opportunities.  HR:4UK have been monitoring these developments and in response are delighted to announce the launch of an exciting new product – our Childcare Handbook. It includes the appropriate nursery and childcare policies, safeguarding procedures and employment documentation to help satisfy the new ‘Inspecting safeguarding in early years, education and skills settings’ which from September 2018 is the guidance that sets out…

The benefits of giving my employee a contract of employment?

By Angela Clay / July 23, 2018
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It always surprises me at the sheer number of employers who have never issued their employees with a contract of employment. It is often because they do not think they have to; or they can’t be bothered or think it is too difficult. Whilst it is a legal requirement to provide your employee with a contract of employment one of the biggest advantages you get when you give your employee a contract of employment is that right from the outset,…

Early Conciliation – What is it and how we can help?

By Angela Clay / June 25, 2018
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However hard we work with our clients to try and resolve workplace issues, there are occasions where an employee decides, for whatever reason, to pursue a complaint or grievance through an Employment Tribunal. This is where ACAS (Advisory, Conciliation and Arbitration Service) become involved. Since 6th April 2014, before an employee can submit a claim to an Employment Tribunal, they are now required by law, to contact ACAS, in the hope that any disputes can be resolved using the Early…

Fit for work scheme scrapped

By Angela Clay / March 22, 2018
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The Fit for Work scheme (FFW) will end from 31 March 2018 in England and Wales, with Scotland withdrawing the scheme on 31 May 2018. FFW was intended to provide a free GP-led service, which allowed employers to refer staff to the service. It offered impartial advice to employers and occupational health assessments for employees who were off work due to sickness related reasons for four weeks or more. The aim was to then assist employees who are off on long-term…

Falling ill whilst on holiday – the legal implications

By Angela Clay / January 25, 2018
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It seems that not a day goes by without a warning about one scam or another. The rise of a compensation culture has resulted in an increase in ‘ambulance chasing’ companies encouraging individuals to pursue legal claims.  Facing a new challenge, is the travel industry which has seen a surge in new “whiplash” type claims made by holidaymakers, falsely claiming that they fell ill whilst on holiday and seeking compensation.  A poll carried out for ABTA suggests that 19% of…

Do I have to give my staff a lunch break?

By Angela Clay / January 25, 2018
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Although the Working Time Directive does not specifically refer to lunch breaks it does state that employees are entitled to a rest break of at least 20 minutes if they work in excess of 6 hours. Workers above school leaving age and under 18 are entitled to one 30-minute rest break if working for longer than 4.5 hours. You may in your contracts of employment offer longer lunch breaks or additional periods of rest. The regulations state that workers are…

Let It Snow…let it snow…let it snow

By Angela Clay / December 20, 2016
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An evocative song which conjures up everything that is magical about the winter season. Which is fine if your employees are snuggled up indoors in front of a roaring log fire. However it can be a nightmare if they are trapped by the weather unable to get into work or stranded as a result of public transport cancellations. With the uncertainty of the impact of climate change on our weather system, it is inevitable that travel disruption will become an…

Taken for a ride?

By Angela Clay / November 2, 2016
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Uber loses landmark case on the employment rights of its drivers Love them or loathe them, it is undeniable that since Uber was founded in 2009, it has emerged as a major global player in the ‘hail a cab’ arena.  It was founded in 2009 with the simple concept of allowing people to book and pay for taxis using an app. Since then it is estimated that they now operate in over 66 countries and 507 cities worldwide. The firm…