If you are considering the dismissal of an employee you must ensure you follow the ACAS Code of Practice and ensure your companies Policies and Procedures are followed fully and to best practice.

Failure to act reasonably could result in a claim to an Employment Tribunal for Unfair Dismissal with high financial awards, high Employment Tribunal costs and loss of company reputation.

Employers need to remember that HR comes under Civil Law and the balance of probabilities and need to ensure they demonstrate reasonableness at all times.

If you are considering dismissing somebody, please contact us ASAP so that we can support you.

All companies should have a detailed set Policy and Procedure for employee absence so that it is managed correctly.  Persistent sickness can cause bad moral amongst the team whilst also result in costly implications for your business.

Companies need to follow a robust fair, best practice and legal Policy and Procedure, with the option of also following the Bradford Index, if needed.

HR Policies and Procedures should be easily obtainable for all members of the team, when needed, and used correctly for the success of the business and employees.

Employers should seek to obtain a system that allows them to record employee absence and the action that was taken.  We are partnered with Breathe HR, and IT system that provides this.

If your business is experiencing a high number of sickness, contact us now to discuss how we can help you.

This is a question we get asked continually and especially when a new member starts with the business and team.   All full-time employees are entitled to 5.6 weeks holiday per year which includes eight bank holidays.  This is for a full-timer, five days a week and will be pro-rata for part-timers.

Some businesses provide additional holidays for the team based on a service or performance criteria.

Holidays are accrued from day one of employment and all employees should be encouraged to take them as and when they want unless there are business constraints.

If you are unsure of how many holidays members of your team are entitled to legally, then please contact us now.

Maternity leave in the workplace needs to be managed correctly, ensuring that up to date Policies and Procedures are followed, as they are changing consistently.

Once an employer is informed of a pregnancy or adoption, they must take the necessary steps for the welfare of the employee and company.

There are a range of options available from Ordinary Maternity Leave, Share Maternity Leave, Adoption Leave to name a few and we would suggest that upon being informed of a pregnancy or adoption that you contact a HR provider immediately.

If we can help, please do not hesitate to contact us.

All members of the team are entitled to make a flexible work request once in a twelve-month period and must follow the companies Flexible Working Policy and Procedures.

Firstly, a letter needs to be written by the employee outlining what they are requesting, whilst also explaining how they believe the change could be managed.  Once this is received a meeting is arranged to discuss and the decision given to the employee of the outcome of their request.  The outcome may be straight forward or entail changes to their current T&C’s.

If you are considering a Flexible Working request or have a member of the team that has requested on, please contact us now so that we can explain fully the procedure and what is expected from the employee who is requesting flexible working.

Recognised Disabilities are continually changing and what is legally classed as one needs to be fully investigated to check on current law and any recent cases that have taken place.

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

What does ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed
• ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

There are special rules about recurring or fluctuating conditions, eg arthritis.

Progressive conditions

A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

What isn’t counted as a disability

There’s guidance on conditions that aren’t covered by the disability definition, eg addiction to non–prescribed drugs or alcohol.

If you have reasons / concerns for an employee and their ability to perform a role, you should seek HR advice immediately who will arrange the relevant best practice / law Policies and Procedures to be followed; such as consent to write for advice / suggestions to a medical professional.  No employer should make assumptions as it could result in a very costly penalty financially and impact on the reputation of the company.

If you wish to discuss how best to manage this due to a concern you have, do not hesitate to contact us.