Q1. Who should have a contract of employment?

All employees - permanent, part time, fixed term, casual and temporary staff should have one. The law requires they have one within 8 weeks of taking up post. However, we advise that you issue one prior to an employee starting work. The contract specifies the basis of the appointment. It ensures that the employee is in no doubt of them commencing employment with you.
Click here if you require further support

Q2. How long can a trial period last?

It is called a probationary period and it is entirely up to you. The key issue is that after 12 months service an employee has the right to go to Employment Tribunal and claim unfair dismissal. A probationary period is probably your most valuable business tool. Three months probationary period is probably too short, why give yourself 12 weeks to decide if an employee is competent in accordance to their job description. Inour view 6 months is more reasonable. You could consider having a clause giving you the facility to extend the probationary period for a further period of 3 months.
Click here if you require further support

Q3. Can I take disciplinary action against a member of staff who is persistently absent with minor ailments?

You can. As long as you are not disputing the “genuineness” of their illness but their capability to do their job when they are regularly off sick. It is important that you meet with the employee and try to get to the bottom of the reason for their poor attendance. If there is not a positive response and absences continue then disciplinary action would be appropriate.
Click here if you require further support

Q4. Can I contact employees at home when they are off sick?

There are a number of reasonable reasons why you might wish to do this.

• To check on progress and a possible back to work date.
• As a good employer it would be reasonable to call ring to check if there is any support you might be able to provide.

Q5. What can I do to improve “attendance” in my department?

• Emphasise the importance of good attendance from day one.
• Have return to work interviews with employees with every absence. This will highlight how important you consider the issue.
• Make sure absence levels are mentioned at staff meetings and do not forget at the very least to thank and/or your employees for good attendance at the end of each year.
• During the recruitment stage ask references to confirm how many absences the applicant has had in the last 12 months. This might effect your selection decision.

Q6. I have recently inherited a department and a employee has claimed five days holiday pay from the previous year as the previous manager only granted 15 days paid holiday a year. Am I liable?

Q7. I have decided I need to reduce my workforce as the department structure is not working. One of the employees who might be selected has now advised me she is pregnant. Does this now mean that I can not consider her for redundancy?

If she has not as yet commenced her Maternity leave then she can be considered for redundancy. However you must of course follow a fair procedure, objective selection criteria and ideally have a written redundancy policy. If the employee is able to demonstrate that it was her pregnancy that resulted in her selection then she can claim a potentially very large award at Employment Tribunal.
Click here if you require further support

Q8. What are the ways in which I can dismiss an employee?

We are aware that on occasions you have that difficult employee who you want to dismiss straight away. Legally there are 5 reasons for dismissal – 1) capability, 2) redundancy, 3) disciplinary, 4) contravention of a statutory enactment, and 5) any other substantial reasons. You must ensure that the correct procedure is followed in all instances.
Click here if you require further support

Q9. How do I calculate part time workers holiday entitlement?

If you are a part-time worker, you are still entitled to 5.6 weeks' holiday – 5.6 of your normal working week. For example, if you work two days a week you would be entitled to 11.2 days' annual leave a year:
2 days x 5.6 weeks = 11.2 days
The employee should be treated no less favourably if they are a part-time worker than an equivalent full-timer.
Click here if you require further support

Q10. How do I write letters to employees ensuring that the content is legally correct? (Employee Letter writing support)

This is an area that you do not need to worry about. Let us handle the management of writing your employee related letters.
Click here if you require further support