In this week’s episode of the Podcast I am talking about a subject that has come up in several enquiries we have received recently, and which is particularly important at this time of year when decisions are being made about end of year bonus payments.
So, when is an employer able to use discretion to decide not to pay an employee a bonus?
In this episode I will cover:
The difference between a contractual and discretionary bonus scheme.
The consequences of failing to pay a contractual bonus payment.
Why the Employment Tribunal is reluctant to allow employers to have complete discretion over payment of a bonus.
What you need to consider if you are an employer who includes a bonus scheme as part of your pay package for employees.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this week’s episode of the Podcast I am pleased to say it is a break from furlough and covid related news.
When you make a claim in the tribunal or if you defend a claim you need to set out in writing the details of your claims or defence. In this episode I bring you some useful tips on making or defending a claim in the Employment Tribunal following a recent decision of the Employment Appeal Tribunal.
In this episode I will cover:
What the case of C v D UKEAT/0132/19/RN says about making a claim and keeping it brief.
Some tips on making your case.
Some tips on preparing your defence.
Why my colleague got a ticking off from the Employment Tribunal after the judgement in the C V D case.
You can read the full judgement in the C V D case HERE
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
The furlough extension scheme guidance was published on the 10th November 2020 and updates followed late on the 13th November 2020.
In this episode of the podcast I bring you the key information about the scheme including:
Points to note that differ from the previous scheme
Changes to the scheme which will come into effect on the 1st December 2020
Why you cannot claim for a period of notice after the 1st December 2020
Who employers can claim for
How the scheme works with regards to holidays
What the reference period is for calculating wages
Action to take
Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.
Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.
We have produced a Free Template Letter which you can use – download your free copy HERE.
As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Despite remaining resolute that the coronavirus job support scheme, commonly known as the furlough scheme, would end on the 31st October 2020, it was announced that, along with a second lockdown the scheme would continue.
This means that the level of support employers have received previously and during the first lockdown will continue, with employers claiming 80% of wages for furloughed hours.
In this episode of the podcast I cover the key points to note at this time (01/11/20):
Any business can use the scheme.
Employers must pay 80% of wages for time not worked, i.e. when the employee is furloughed.
There is no additional contribution required, the government will pay the full 80% that you must pay to furloughed employees, up to a cap of £2,500.
Employers are required to pay National Insurance and Pension Contributions.
Flexible-furlough is available, meaning employees can work some of their normal hours and Employers can make a claim for 80% of pay for the remaining time not worked.
Neither employer nor employee needs to have previously used the scheme in order to use it now.
Employees must have been on the employers’ PAYE payroll by 23:59 on 30th October 2020. Meaning an RTI submission must have been made for them on or before the 30th October 2020.
Calculations for pay and hours will broadly follow the same method as previously used under the scheme.
Minimum report period of 7 consecutive calendar days.
Employers need to keep a record of the hours worked and usual hours they would be expected to work in a claim period.
Employers can top up wages if they wish.
There will be no gap in eligibility for support between end of the old scheme and this new extension scheme.
Action to take
Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.
Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.
We have produced a Free Template Letter which you can use – download your free copy HERE.
As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
We will also be producing a free letter to obtain agreement from employees who are going to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover a run down on what we know about the Job Support Scheme currently.
The new scheme aimed at supporting ‘viable’ jobs is available for qualifying employers from the 1st November 2020.
In this episode 157 I will cover:
Which employees an employer can claim for under the scheme.
The qualifying time for an employee to be on the payroll to make a claim.
That large employers will have to demonstrate their turnover has been impacted.
The way the scheme will work and that costs will be split between employer, employee and government subsidy.
That employees have to work a minimum of 33% of their normal hours to make a claim for them.
The minimum wages an employee must receive.
How the scheme will work in practice.
Restrictions on making redundancies and claiming under the scheme.
Steps employers must take if they are going to use the Job Support Scheme.
Outstanding questions on the scheme which we hope will be answered in the further guidance when published.
Observations about the effectiveness of the scheme.
Why I feel that there will be a significantly reduced take up of the scheme (compared to flexible furlough) and it will not prevent redundancies from happening.
We will also be producing a free letter to obtain agreement from employees who are to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.
In light of the increasing number of covid-19 cases in the UK, and increasing number of people with symptoms who are self-isolating whilst waiting for a text result, or are doing so on advice from the NHS, many employers are once again asking “what do I pay an employee who is self-isolating?”.
In this episode of the podcast I answer this common question for employers and employees, as well as tackling other employment issues.
In this episode I cover:
When does an employee have to self-isolate?
When Statutory Sick Pay (SSP) becomes payable to employees who are self-isolating?
What the covid/coronavirus SSP changes are?
Why employers need to ensure employees are encouraged to follow the rules and self-isolate when notified that they should.
Possible new penalties for employers who actively encourage employees to work or who ‘punish’ employees who self-isolate when required to.
Update on the Job Retention Bonus scheme which is payable in February 2021 at £1,000 per employee previously furloughed.
Reminder that the furlough scheme will be coming to an end on the 31st October 2020.
Why it is important to ensure that you are planning ahead and making changes or reductions in the workforce before the end of October.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is the seventh and final episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover answers to the following questions:
I have heard some people say it is unfair to make redundancies when the furlough scheme is still available, is this true?
Can I make redundancies now or do I have to wait until the end of the furlough scheme?
Do I have to keep employees on furlough if there is no work for them in the future?
I have heard that there is a new way to work out redundancy pay is this correct?
How do I calculate redundancy pay for someone who is furloughed?
How much do I have to pay for notice?
Do I pay 80% or 100% for notice pay?
Can I claim furlough pay back from the government if it is for the notice period?
I have heard that you cannot claim under the furlough scheme if you are making someone redundant?
Can I claim the statutory redundancy payment under the furlough scheme?
Can I select someone for redundancy who is furloughed?
Can I change employee contract terms from fixed hours to zero hours to avoid redundancy?
I have an employee who is furloughed and cannot return to work yet because of childcare, can I make them redundant?
I plan to close the business altogether do I need to go through a redundancy consultation?
If the furlough scheme does end in October can we still furlough staff and pay less?
Action Points
Ensure that you seek advice about any issues or changes, before you take action, particularly relating to furlough as it is a developing area of law.
Get all of the documents you need to complete the redundancy process here: Redundancy DIY Toolkit
Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
Redundancy plan – step by step guide
Timetable to use – collective consultation and non-collective consultation versions
Letter warning employees of redundancy situation
First letter to employee representatives re proposed redundancies
Letter to employees requesting volunteers for redundancy
Letter to employee representatives with details of collective consultation process
Ballot paper for election of employee representatives
Nomination form for employee representatives
Notice to employees with outcome of the elections
Notice to employees re Employee representative elections
Letter follow up on individual meeting
Letter offer of alternative employment
Letter to individual employees – provisional selection for redundancy
Letter to individual employees confirming dismissal for redundancy
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
The unusual situation of maternity & redundancy plus answers to some FAQ's
This is the 7th episode of a mini series focusing on redundancy advice for employers and how to ensure you get things right.
In this episode I will cover:
How to deal with employees on maternity leave
What you need to do to consult employees on maternity leave
What to pay employees on maternity leave
When you have to offer an alternative role to an employee on maternity leave as a priority
How to deal with notice for an employee on maternity leave
What to do with employees on sick leave during a redundancy consultation
Points to consider when consulting with a sick employee
How to calculate redundancy pay for an employee on sick leave
The relevance of the ACAS code of practice
The legal obligation to allow an employee to be accompanied during the redundancy process
What to do with those employees who volunteer for redundancy
Action Points
Check your contracts and handbooks to see if you have any contractual obligations in terms of the redundancy process particularly for employees on maternity or sick leave, and with regards to the right to be accompanied during the redundancy process. .
Appointments are available on the telephone, via Microsoft Teams or Skype throughout the UK.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Appointments are available on the telephone or via Skype throughout the UK.
DIY Redundancy Documents
Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
Redundancy plan – step by step guide
Timetable to use – collective consultation and non-collective consultation versions
Letter warning employees of redundancy situation
First letter to employee representatives re proposed redundancies
Letter to employees requesting volunteers for redundancy
Letter to employee representatives with details of collective consultation process
Ballot paper for election of employee representatives
Nomination form for employee representatives
Notice to employees with outcome of the elections
Notice to employees re Employee representative elections
Letter follow up on individual meeting
Letter offer of alternative employment
Letter to individual employees – provisional selection for redundancy
Letter to individual employees confirming dismissal for redundancy
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
Redundancy plan – step by step guide
Timetable to use – collective consultation and non-collective consultation versions
Letter warning employees of redundancy situation
First letter to employee representatives re proposed redundancies
Letter to employees requesting volunteers for redundancy
Letter to employee representatives with details of collective consultation process
Ballot paper for election of employee representatives
Nomination form for employee representatives
Notice to employees with outcome of the elections
Notice to employees re Employee representative elections
Letter follow up on individual meeting
Letter offer of alternative employment
Letter to individual employees – provisional selection for redundancy
Letter to individual employees confirming dismissal for redundancy
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
Redundancy plan – step by step guide
Timetable to use – collective consultation and non-collective consultation versions
Letter warning employees of redundancy situation
First letter to employee representatives re proposed redundancies
Letter to employees requesting volunteers for redundancy
Letter to employee representatives with details of collective consultation process
Ballot paper for election of employee representatives
Nomination form for employee representatives
Notice to employees with outcome of the elections
Notice to employees re Employee representative elections
Letter follow up on individual meeting
Letter offer of alternative employment
Letter to individual employees – provisional selection for redundancy
Letter to individual employees confirming dismissal for redundancy
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover the recent update to the job retention / furlough scheme following the announcement from the Chancellor on the 29th May 2020.
In this episode I will cover:
The key changes to the scheme which come into effect on the 1st July 2020.
Details about the impact on employees who are currently on ‘family leave’ plus listen through to the end for an addition I made following the exemption published on the 9th June 2020.
Recommended steps and planning ideas for employers.
Practical action points for employers.
Action Points
1. The number one thing that you need to consider is the future of your business. If you have not already done so it is crucial to think – what is my business going to look like in the next 2, 3, 4 – 6 months?
2. Do you need to start making cutbacks of staff now or planning for the near future? If so, will you need to start a collective redundancy consultation?
3. Check to see if there is flexibility in your employment contracts? Consider are your workforce flexible and willing to change?
4. Ensure that any calculations and cash projections you have made now include the requirement to pay NI and pension contributions from the 1st August 2020, and then factor in the employer contribution to wages for September and October.
5. Get your ‘house in order’ and prepare your claims and timing as soon as possible. From 1 July, claim periods will no longer be able to overlap months. There is effectively a ‘reset’ of the scheme from the 1st July 2020 as it moves into what I would call phase two of the job retention scheme.
6. You will have until 31st July 2020 to make any claims in respect of the period up to 30 June 2020 thereafter you will be unable to claim for the period of ‘phase one’ of the scheme.
7. If your future planning and re-opening plans mean that it is likely you will need to bring employees back from furlough on reduced hours to start with it is important to start a dialogue with the affected employees now. Begin to prepare them for return and explain what will be required of them, where possible try to get agreement and buy-in to your plans. See my article ‘The Reluctant Returner’ about how to handle this communication.
Resources
If you would like to bring an employee back from furlough on a part-time/reduced hours basis we have produced a template letter with agreement, for you to use and you can request a free copy by sending an email to: alison@realemploymentlawadvice.co.uk please put in the subject line ‘flexible furlough return letter’.
We also have a general return from furlough letter which includes a variety of options for you and this is also available for free by sending an email to alison@realemploymentlawadvice.co.uk please put in the subject ‘return from furlough letter’ and we will email you a copy.
From the 12th June 2020 HMRC will provide more detailed guidance for employers on how to calculate the furlough claim and how the scheme will work.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from www.adviceforemployers.co.uk for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
Redundancy plan – step by step guide
Timetable to use – collective consultation and non-collective consultation versions
Letter warning employees of redundancy situation
First letter to employee representatives re proposed redundancies
Letter to employees requesting volunteers for redundancy
Letter to employee representatives with details of collective consultation process
Ballot paper for election of employee representatives
Nomination form for employee representatives
Notice to employees with outcome of the elections
Notice to employees re Employee representative elections
Letter follow up on individual meeting
Letter offer of alternative employment
Letter to individual employees – provisional selection for redundancy
Letter to individual employees confirming dismissal for redundancy
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is the second episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover:
What the difference is with consultation for 20 or more employees.
What a minimum consultation would be.
How to deal with a Collective Consultation.
Why consultation is vital for a fair dismissal.
When you have to notify the Secretary of State.
How to consult employee representatives.
What the ‘Protective Award’ is.
Things to consider when consulting with employees during the covid-19 pandemic.
Why you should include extra time for the consultation process if staff are working from home or furloughed.
Why it is important to consider timing of the process in light of the recent extension to the furlough/job retention scheme.
Action Points
If you are considering redundancy carefully calculate the number of employees likely to be redundant as a result within the next 90 days (including those who volunteer).
Free Redundancy Webinar: Wednesday 20th May at 10am
In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.
You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.
As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.
This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover:
What the legal definition of redundancy is
How to establish if it is a true redundancy dismissal
Some examples of when it will be a redundancy
Statutory Definition of Redundancy – Section 139 Employment Rights Act 1996
(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—
(a)the fact that his employer has ceased or intends to cease—
(i)to carry on the business for the purposes of which the employee was employed by him, or
(ii)to carry on that business in the place where the employee was so employed, or
(b)the fact that the requirements of that business—
(i)for employees to carry out work of a particular kind, or
(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,
have ceased or diminished or are expected to cease or diminish.
Action Points
If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start.
In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.
You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.
As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.
In this episode of the Podcast I interview Sarah Torres-Ferrick about strategies for managing staff during the current unusual working environment created by the coronavirus pandemic.
About Sarah
Sarah is a human resources officer and creator of the FUN Feedback Framework.
For over a decade Sarah has worked with executives at government agencies on growing and sustaining high performing workforces. Now she uses these skills to bring effective human resources solutions to small businesses. Sarah helps leaders break through the complexities of having employees, so they can advance their businesses with confidence.
Sarah conducts workshops and speaks at conferences of over 300 people.
What we cover
In this episode we cover:
Why change is difficult
The importance of your ‘trust bucket’
How to create and improve trust with staff
Why being honest and transparent with staff is important
Strategies for business owners to deal with the pressure of managing in difficult times
How to cultivate team relationships while working remotely
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover the recent updated guidance about the job retention / furlough scheme following the publishing of an update from HMRC late on the 9th April 2020.
Also including a summary of the scheme, the three key stages of the furlough process that employers should consider and my thoughts on annual leave and furloughing.
In this episode I will cover:
The updated position in respect of TUPE situations and transferring employees.
Reassurance that those on a work visa can be furloughed.
Summary of the key elements of the scheme that employers need to be aware of.
What the three stages of furlough are that employers need to consider.
The position in respect of consultation and collective consultation requirements.
The current position and guidance available in respect of annual leave, including taking leave, bank holidays and requiring employees to take holiday during the furlough period.
A reminder about considering employee relations and your future relationship with employees, and your general reputation.
Action Points
Check employee contracts to see what your obligations are and what changes you can make.
Draw up a list of employees or roles that may need to be furloughed.
Start talking to staff about your plans and the reasons for it.
Communicate with staff and ensure you put the details of the furlough scheme in writing. This must be kept for 5 years for HMRC purposes.
Where possible get the employees written agreement to the change.
Create a spreadsheet to record details of furloughed employees.
Speak to your accountant or payroll provider about how they can assist you in reporting and/or calculations.
Start preparing for the portal to be open and making your claim.
Consider what steps you need to take and will take to reintegrate staff who have been furloughed.
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide:
Review of your employment contracts to check relevant applicable clauses that may assist in your decision making.
Providing advice on options available at this time in respect of staff during the current situation including:
Furlough
Reducing hours
Redundancy
Lay-off
Up to 1-hour of telephone calls to discuss and answer questions.
Template letter depending on your choice of action.
FAQ’s document for furloughed employees.
Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover further detail about the job retention / furlough scheme following the publishing of guidance from HMRC late on the 26th March 2020.
In this episode I will cover:
The qualifying date an employee needs to have been working for you and on your payroll in order to qualify for the 80% wages grant.
How to calculate wages for a zero hours employee.
How to calculate wages for someone with irregular hours and pay.
Your options if you were due to take on a new starter in this time.
How the scheme will work in practice.
What information you need to have to provide to HMRC in order to claim.
How to implement with staff.
Why you have to pay staff and the recover the money rather than withholding pay until you have the money from HMRC.
Action Points
Check employee contracts to see what your obligations are and what changes you can make.
Draw up a list of employees or roles that may need to be furloughed.
Start talking to staff about your plans and the reasons for it.
Communicate with staff and ensure you put the details of the furlough scheme in writing.
Where possible get the employees written agreement to the change.
Create a spreadsheet to record details of furloughed employees.
Speak to your accountant or payroll provider about how they can assist you in reporting and/or calculations.
Listen to the first episode of the podcast – part 1 for more details about the scheme.
DIY Furlough Support Package available to download for £50 plus VAT will be available shortly and will include:
Letter/notice to all staff asking for volunteers and notifying staff of proposal.
Example Selection criteria.
Letter notifying staff that they are being furloughed.
Furlough agreement.
FAQ’s sheet to issue to employees.
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide:
Review of your employment contracts to check relevant applicable clauses that may assist in your decision making.
Providing advice on options available at this time in respect of staff during the current situation including:
Furlough
Reducing hours
Redundancy
Lay-off
Up to 1-hour of telephone calls to discuss and answer questions.
Template letter depending on your choice of action.
FAQ’s document for furloughed employees.
Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover the key points about the job retention / furlough scheme that were known as of Thursday 26th March.
Further details have been released since this episode was recorded and will be followed with a Part 2 episode with more information.
In this episode I will cover:
What is furloughing and what does it mean.
What is the difference between lay-off and furloughing.
The purpose of the job retention scheme.
The impact of furloughing on your contractual obligations.
What an employee can do if you do not pay them the full 100% of salary.
Process for furloughing staff and what you need to do.
Employers obligation to pay employees and then recover the money from HMRC.
Why you need to consider cash flow for the next two months at least.
Options if you cannot make the payment of wages to staff.
Holiday and other contractual benefits during the furlough period.
That the job retention scheme applies to zero hours workers.
Ways to decide who is furloughed.
Ways in which you can incentivise employees to remain working during this time when colleagues are furloughed.
Action Points
Check employee contracts to see what your obligations are and what changes you can make.
Draw up a list of employees or roles that may need to be furloughed.
Start talking to staff about your plans and the reasons for it.
Communicate with staff and ensure you put the details of the furlough scheme in writing.
Where possible get the employees written agreement to the change.
Create a spreadsheet to record details of furloughed employees.
Listen to the next episode of the podcast – part 2 for more details about the scheme.
If in doubt get advice.
Support from the RELA Team
DIY Furlough Support Package available to download for £50 plus VAT will be available shortly and will include:
Letter/notice to all staff asking for volunteers and notifying staff of proposal.
Example Selection criteria.
Letter notifying staff that they are being furloughed.
Furlough agreement.
FAQ’s sheet to issue to employees.
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide:
Review of your employment contracts to check relevant applicable clauses that may assist in your decision making.
Providing advice on options available at this time in respect of staff during the current situation including:
Furlough
Reducing hours
Redundancy
Lay-off
Up to 1-hour of telephone calls to discuss and answer questions.
Template letter depending on your choice of action.
FAQ’s document for furloughed employees.
Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover lay-off and short-time working as possible options for employers in uncertain times.
In this episode I will cover:
What is lay-off and short-time working?
In what circumstances can you use lay-off and/or short-time working.
What guarantee pay is.
When an employee can apply for a redundancy payment.
The consequences of laying someone off or putting them on short-time working if you have no contractual right to do so and no agreement in place.
Some options to consider.
Why it is important to communicate with staff.
Why it is important to plan ahead now.
Action Points
Check your employee contracts.
Note what terms employees have regarding hours, notice and pay.
Consider where you can make quick cut backs if you need to.
Consult with staff about possible options in the event of a downturn in work or if you need to close the workplace.
Check your insurance policy.
Review your business continuity plan.
Understand your numbers, for example how many months can you pay the wage bill for? total operating costs? break even amount?
Seek advice at the earliest opportunity, the investment in good quality advice will save you money in the long run.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover up to date key information for employers to consider.
Correct as at 09/03/2020.
In this episode I will cover:
.What if the Employee returns from holiday in an affected area but has no symptoms or obvious exposure?
What if the employee has possible exposure from someone who is infected and is advised to remain at home by a medical professional or on medical advice issued?
Closure of the workplace or requiring staff to stay away from the office due to concerns?
What if an employee has the virus?
What if an employee wants to stay at home because they are worried or of a nervous disposition?
What if an employee refuses to stay at home?
What if the employee cannot work as their child’s school or nursery is closed?
Some other considerations such as insurance and alternative ways of working.
Action Points
1) Issue a notice to all staff requiring them to inform you immediately if they are at risk because of travel to a location deemed by the Home office to be a risk.
2) Issue a notice to all staff reminding them of the requirement to properly wash their hands and contain any coughs and sneezes.
3) Encourage good hygiene in the workplace and consider increasing cleaning and providing additional sanitising equipment and materials.
4) If your business is such that customers and visitors come onto your premises, display additional notices about hand washing, provide sanitiser and put up notices asking customers to inform you if they have been to one of the affected areas in recent weeks.
5) If you intend to implement a policy of minimum time between returning from holiday to returning to work, notify all staff and inform them how you plan on dealing with this time. If you are going to require them to take holiday for example for these extra days make it clear that you are doing so and refer to the relevant part of your contracts and/or procedures.
6) Review your business continuity plan.
7) Consider your ability to work from home and explore what resources are available to you to enable your business to continue to operate as smoothly as possible.
8) Assign one or two senior people in the business as responsible for monitoring the situation on the www.gov.uk website and within the business.
9) If in doubt seek advice. We are talking to businesses on a daily basis about these issues and we can share best practice, latest advice and support with you.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
Photo-by-Dimitri-Karastelev-on-Unsplash
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I respond to a listener question raised about the risks of allowing alcohol consumption during lunch breaks and whilst at work.
In this episode of the podcast I will cover:
When an absolute ban on alcohol may be necessary.
How to set parameters around alcohol levels.
What to consider if you allow drinking during work time.
A couple of cases where alcohol in the workplace was involved, including two cases about the employer's liability for personal injury caused by intoxicated members of staff.
Guidance on shaping your own alcohol policy.
The Coronavirus & the workplace
In this episode I also mention briefly the coronavirus and what you need to consider if you are sending an employee home who may have been exposed or is at risk of having been exposed to the coronavirus.
Action Points:
If you don't already have a policy consider putting one in place.
Assess if there is high risk in your business if there is any alcohol or intoxication. How will you measure it if there is?
Read my colleague Albert Bargery's article on the coronavirus advice for employers: HERE
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
In this episode of the Podcast I interview Sheryl Andrews about one of the critical skills required by great employers and managers, the ability to listen!
About Sheryl
Author, Speaker and Coach are just a few of the roles she holds. Sheryl has a vision of a world where everyone feels heard, understood and valued. It is her personal mission to change the way the world listens. Listening is one of those skills we are quick to criticise when it is not happening, but few invest in developing their listening skills.
As; “The Listening Detective” with her famous deerstalker hat, she is well known for her fun and engaging talks sharing all aspects of listening, the good; the bad and the sad.
As the Founder of Step by Step Listening and lead coach, she creates a safe to speak environment that gives individuals and groups the opportunity to chat with the purpose of listening to their own inner wisdom.
As an author of Manage your critic – From overwhelm to Clarity in 7 and soon to be published Do< Delegate or Ditch she openly shares her own journey and the journey of her clients to demonstrate how listening can transform your relationship and practical ways to get started. Sheryl continues to write and collate stories to shine the light on those that listen whilst raising awareness and changing the assumption that everyone can and should be able to listen.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation?
Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
