Pre Employment Screening Checks (HR Guide)
Pre employment screening checks are a critical part of a business’s recruitment and onboarding process. The following guide looks at the various different types of checks that should be conducted and how to carry these out, as well as the legal, practical and financial consequences of failing to do so. What are the pre […]
Can an Employer Withhold Pay?
Employers are only permitted to deduct or withhold pay in certain circumstances. To ensure you are acting lawfully and not exposing the organisation to legal claims, it is important to understand the rules and legal risks of making changes to someone’s pay. Can an employer withhold pay? The fundamental terms of any contract of […]
Perceptive Discrimination at Work
In the UK, it is unlawful to treat someone less favourably than someone else at work because of certain protected characteristics, such as their age, sex, disability, race or religion. This includes treating someone unfairly because of a perception that they possess a particular characteristic. The following guide for employers outlines the law relating to […]
When Does TUPE Not Apply?
The law on transfers of undertakings is intended to support a relatively simple underlying purpose: to protect and preserve an employee’s rights if the business that employs them changes hands. The legislation itself, however, is notoriously complex and technical. It is therefore important, especially for the incoming employer, to understand when and why the statutory […]
SOSR Dismissal: What Is Some Other Substantial Reason?
To dismiss an employee lawfully, employers have to be able to provide a fair reason. There are five potentially fair reasons for dismissal set out under section 98 of the Employment Rights Act 1996. These relate to employee conduct, capability and performance, redundancy, breach of a statutory restriction or Some Other Substantial Reason (SOSR). […]
Dealing with Misconduct at Work
Misconduct at work relates to behaviour deemed by an employer to be unacceptable in the workplace environment. Misconduct can have the effect of damaging a business’ reputation as a fair employer or a trustworthy company to deal with. It can cause damage to the property and belongings of the business and can lead to complaints […]
Redundancy Pay: How to Calculate
Redundancy pay is one of the statutory entitlements for most employees being made redundant. In this guide for employers, we explain how to calculate redundancy pay and the rules on who is entitled. Right to redundancy pay? Whilst it’s lawful for an employer to bring an employee’s contract of employment to an end by […]
Employing Casual Workers (HR Help)
The term ‘casual worker’ describes an individual who is not part of a business’s permanent workforce. Casual workers typically supply services on a flexible or irregular basis, usually to meet varying demand for work. It is not defined in employment law, rather, it is a catch-all phrase used to describe someone who does not have […]
Data Subject Access Request (Employer’s Guide)
Under the General Data Protection Regulation (GDPR), employees have the right to request and obtain a copy of their personal data held by their employer, or former employer. This is known as making a data subject access request (DSAR). The GDPR places strict compliance requirements on employers to deal with subject access requests. While the […]
Hiring Contractors (Employers’ Guide)
How an individual is employed by an organisation to undertake work, for example, on an employed or self-employed basis, will be key in determining the legal rights and responsibilities between the parties. This includes important matters such as the way that person is paid, and any respective liabilities to deduct or account for Income Tax […]