Author: barred

Risk Assessments

[Editor’s note: this section will be expanded] Managers should bear in mind that they have a duty to conduct risk assessments for a range of situations. Some of those assessments have to be repeated at specific times. Pregnancy – Risk Assessments An employer should conduct an assessment when he/she is notified that a woman is expecting. Beware that a second risk assessment has to take place when the woman reaches her 26th week of pregnancy. […]

Placed on Short Time Working or Lay Off

An employee placed on short term working for less than half his/her normal hours or laid off without pay may be entitled to redundancy pay if:– his right to be paid under his contract will depend on the employer providing him with work to do under that contract;– the lay off or short-time working lasts for 4 or more consecutive weeks or 6 weeks in a 13 week period of which no more than 3 […]

Sickness or Health Issues

[Editor’s Note -This is a new section which will be expanded with additional topics]. Updated 01/01/2022 Rates for the current and previous year are given (The rates for the previous year rates are shown in brackets) Self-Certificates for Sickness Absence – temporary change Normally an employee is required to provide a self-certificate to cover up to the first 7 calendar days* of a period of sick absence. From the eighth consecutive day of absence, a […]

Remedies Open to an Individual Claimant

Many of the sections on Key HR Facts make reference to the remedy or award available. This topic notes the less known awards that may be sought by an individual. Another section notes the fines and other issues about which a Tribunal may decide to make an order. The latter however do not generally lead to an increase in compensation for the employee as, for example, fines are paid to the Government. ACAS Code – […]

Fines & Other Tribunal Orders Against an Employer

[Updated 03/09/2021] Fines and Orders Against an Employer A Tribunal has various powers to award compensation and other remedies to an employee when a statutory entitlement has been breached by an employer. Employment Tribunals also have other powers that the judge/panel can exercise but those orders do not generally lead to payments to an employee. Those may take the form of a fine against an employer which is payable to the Goverment or an award […]

Notice Periods re Employee and Employer

Notice Periods Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice. Always check your written particulars/statement of terms for your notice periods Notice to be Given to an Employee Statutory entitlement is based upon the length of continuous service with the employer: –  Under 1 month’s service – no statutory notice requirement–  Between 1 month and up to 2 year’s service  = notice […]

Leave for Family Events/Issues (including Dependants)

[Updated 01/01/2022] Rates applicable from 6th April 2021 ~ Quick references to various statutory employment rights in the UK are given below.  Being statutory, they serve as the minimum entitlement of employees.    Rates of payment are given for the current year and the rate for the previous year is shown in brackets. Adoption Leave and Pay – Statutory Entitlement  ~ Eligibility An individual must have 26 week’s continuous service with you by the date a child […]

Written Particulars of Employment

Written Particulars of Employment Tnese must be provided to an employee on or before their start date. The Principal Particulars below must be given in one document. In contrast, the Additional Particulars can be given in separate documents and after the individual’s start date. Principal Written Particulars of Employment The following must all be included in the same document (known as the ‘principal statement’): the employer’s name the employee or worker’s name the start date (the […]

Contract of Employment

Contract Terms v Written Particulars of Employment ~ Often, people use these phrases interchangeably but their effect is quite different. Contract Terms These should contain the complete terms on which an individual has been employed i.e. a comprehensive document of the respective rights of the employer and employee based on the: express clauses in the document plus; implied terms i.e. those which the Courts will view as being part of the contract such as the […]

Notice Periods

Notice Periods Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice. Always check your written particulars/statement of terms for your notice periods Notice to be Given to an Employee Statutory entitlement is based upon the length of continuous service with the employer: –  Under 1 month’s service – no statutory notice requirement–  Between 1 month and up to 2 year’s service  = notice […]

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