Overpayment of wages: how to reclaim

The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid. In other words, the employer is legally entitled to recover any salary overpayment from the employee. This rule will also apply regardless of whether or […]

Verbal warning at work procedure

The following guide looks at the process that should be followed when a verbal warning at work is issued, including what constitutes a legally recognised warning within the context of fair disciplinary proceedings. What is a verbal warning? In circumstances where an employer has concerns about an employee’s conduct and/or performance at work, it may […]

Dealing with insubordination at work

Insubordination at work can be a serious matter, given its effect of damaging working relationships, undermining organisational authority and the potential to impact wider team morale. In this guide, we look at what insubordination at work means, with common examples of workplace insubordination and how employers should deal with employee insubordination. What is insubordination at […]

How to write a dismissal letter

If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]

Brexit transition period guide for UK employers

The UK leaves the European Union on Friday 31st January 2020 at 11pm. The Brexit transition period will then come into effect until 31st December 2020. This is the deadline by which the UK Government has to agree a deal with the EU as to the final terms of Brexit. Where no agreement is made, […]

New statutory bereavement rights for parents

Bereaved parents who have suffered the loss of a child will be entitled to two weeks’ statutory paid leave from work from 6th April 2020. New statutory parental bereavement entitlement The new Parental Bereavement Leave and Pay Regulations extend existing provisions under the Employment Rights Act 1996, which only allow employees to take ‘reasonable’ time […]

TOIL policy: managing time off in lieu

An effective TOIL policy can help ensure a consistent and legally compliant approach to managing time off in lieu for overtime. What is TOIL? TOIL stands for ‘Time Off In Lieu’. It refers to time off given to an employee to ‘replace’ any overtime they have already worked. Employees may earn the right to TOIL […]

Employment case law update: 2020 watch list

We look at some of the key cases in 2020 that may bring wide-ranging implications for UK employers. Casamitjana v League Against Cruel Sports The Claimant brought a claim against his former employer (The League Against Cruel Sports), an animal welfare charity. The Claimant alleged that his employment was terminated because he had disclosed to […]

ETO TUPE & making workforce changes

Under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulation, employees are afforded certain protections when their employment is transferred to a new employer. If your organisation is planning or has recently undertaken a business transfer, it will be important to understand how the law operates in this context, from the transaction itself and the […]

Agency Workers Regulations 2010: employers’ guide

As an employer, it will be important to understand the employment rules that apply to agency workers, compared to workers or employees who have been hired directly by you. The Agency Worker Regulations 2010 were introduced to remove discrimination facing agency workers in areas such as pay, holiday entitlement and working time conditions. The following […]