Collective Consultation (Redundancy Guide)
Consultation with any affected employees is a requirement in any redundancy situation, but where an employer is considering collective redundancies, a collective consultation exercise may also be required. Failure to comply with the legal requirements for collective redundancies can be a costly error and may also adversely affect employee morale and the business’ reputation in […]
Mutuality of obligation & worker status
Mutuality of obligation is an important concept in employment law, as it forms a key part of the criteria used by tribunals for determining the employment status of an individual. Below we examine this concept in more detail, including how this is applied in the context of HMRC’s IR35 off-payroll working rules. What is mutuality […]
Maternity leave: employers’ guide
Employers have to meet a number of legal responsibilities when an employee is on maternity leave. Managed well, the period of maternity leave can improve morale, provide reassurance to your employees during their absence and contribute to a positive employer brand as a business that values its staff. Failure to meet your obligations and poor […]
Individual redundancy consultation: HR help
The process of managing individual redundancies differs from that of collective redundancies, including the individual redundancy consultation requirements. This makes it important for employers, HR and managers to understand the difference and follow the correct and lawful procedures to avoid tribunal claims. Making an employee redundant Employees become redundant if you are no longer carrying […]
Some Other Substantial Reason & Lawful Dismissal
As an employer, if you are looking to dismiss an employee, you will need a lawful reason to do so, otherwise run the risk of facing an unfair dismissal claim. In this guide, we look at what ‘Some Other Substantial Reason’ means and how, in practice, this can be applied by employers to establish a […]
Pre-employment overseas criminal record checks
Carrying out pre-employment checks for migrant workers can not only be crucial to ensuring that you are hiring someone trustworthy and reliable, but in ensuring that your chosen candidate is likely to be successful in their application for a work visa if you are looking to sponsor them. In this guide, we examine the rules […]
Written warning: disciplinary guide
An employer can give a written warning to an employee where they have breached the organisation’s disciplinary code, or their work or conduct has fallen short of what is expected. Employers however have to ensure they follow a fair and lawful disciplinary process to avoid the risk of tribunal claims. This guide offers employers further […]
Directors’ conflict of interest: how to comply
Directors operate under a number of duties as prescribed by law. In particular, directors must take positive actions in respect of any potential or actual conflict of interest. This duty is placed on the individual director and not the company. Failure to comply can lead to serious consequences, including criminal proceedings. Broadly speaking, there are […]
Employment Rights Act 1996: HR Guide
The Employment Rights Act 1996 (ERA) sets out and governs the majority of statutory employment rights in the UK. In this guide for employers, we outline the key provisions of the Act and the obligations it places on employers, or risk legal action. What is the Employment Rights Act 1996? The Employment Rights Act 1996 […]
Time Off In Lieu: how to manage TOIL
In today’s workplace, flexible working patterns have become extremely common. The rigid nine-to-five regime is not always necessary for many organisations, and employers are continuously looking for ways to offer flexibility to keep their employees happy without disrupting business. For these reasons, many companies opt to give employees time off for working extra hours, rather […]