It has been a busy year at Bell HR! We have helped lots of businesses with advice on day-to-day people management questions as they have come up.
I have looked over the advice provided and picked out some of the most common questions, I thought I would share them on my blog with you this month to give you a flavour of some of the issues we deal with. I hope you find this insightful and helpful. If you would like to access our advice and support, please do not hesitate to get in touch.
I have an employee who has been signed off work and has a valid Fit Note. They have been in touch to say they are feeling better and would like to come back to work. What should I do?
An employee can return to work even if they have a valid Fit Note. They do not need to go back to see their GP as it is not necessary to be signed “fit to be at work”. If an employee asks to come back to work early employers should discuss this with them and satisfy themselves that the employee will be fit to do the job, the early return will not slow long-term recovery and will not put other employees at risk. If the employer is fully satisfied that there are no risks associated with the early return, then plans can be put in place for the employee to return to work.
If, after investigation, the employer is not comfortable with the employee returning to work early this request can be declined. An employer must be able to show justification for this decision and it is good practice to maintain communication with the employee.
I have received a flexible working request, and I am not keen to accept it as it does not fit with our business needs. What are our legal obligations?
The employee has a right to submit 2 flexible working requests in a 12 month period and the employer is obliged to consider the flexible working requests, deal with it in a reasonable manner and inform the employee of the decision. There are set timescales for the employer to deal with the request which must be followed. There are set reasons for refusing the request and these are set out on the government website: https://www.gov.uk/flexible-working/after-the-application
It is important when considering the request to have an open mind and assess if it would be possible to accommodate the request. Do not automatically assume that a job cannot be amended just because it has never been tried out before.
What will the new government employment law changes mean for my business?
New changes in employment law were announced in October 2024. The Employment Rights Bill will go through a period of consultation before it becomes law. The key areas that are likely to have the biggest impact on small business are:
These changes are not expected to become law until 2026. See my October blog for more information.
If I suspect someone has come to work drunk can I ask them to take a breathalyser test?
If an employer has a policy which states that they will carry out tests for alcohol if they suspect an employee has come to work drunk, then they can ask the employee to take a test. The employee would be obliged to accept the request, if the employee declined to take the test this could be treated as a disciplinary matter.
If the employer does not have a policy in place to cover this then the employer could ask the employee to voluntarily take the test. If the employee refuses they should not be forced to take the test. The employer should meet with employee and gather evidence based on the way they are acting and any smell of alcohol. Findings should be documented and statements should be taken from other employees who have witnessed drunken behaviour. Based on this information the employee may be subject to disciplinary action so a positive test is not always required to manage this scenario.
Can an employee insist on being able to record a disciplinary hearing on their phone?
Unless the employer’s disciplinary policy gives permission for the employee to record a disciplinary meeting then there is no obligation for the employer to accept this request. Notes should be taken at the hearing, and the employee should be remined that they will be given a copy of the notes after the hearing.
If the employer decided to accept this request, then written agreements should be put in place prior to the hearing to define who will be allowed to access the recording and clear instructions should be given in relation to sharing the recording. Immediately after the hearing the recording should be shared with all those in attendance.
If you have a specific situation which has arisen in your business, and you would like to discuss it please do not hesitate to get in touch!
[email protected]
I have looked over the advice provided and picked out some of the most common questions, I thought I would share them on my blog with you this month to give you a flavour of some of the issues we deal with. I hope you find this insightful and helpful. If you would like to access our advice and support, please do not hesitate to get in touch.
I have an employee who has been signed off work and has a valid Fit Note. They have been in touch to say they are feeling better and would like to come back to work. What should I do?
An employee can return to work even if they have a valid Fit Note. They do not need to go back to see their GP as it is not necessary to be signed “fit to be at work”. If an employee asks to come back to work early employers should discuss this with them and satisfy themselves that the employee will be fit to do the job, the early return will not slow long-term recovery and will not put other employees at risk. If the employer is fully satisfied that there are no risks associated with the early return, then plans can be put in place for the employee to return to work.
If, after investigation, the employer is not comfortable with the employee returning to work early this request can be declined. An employer must be able to show justification for this decision and it is good practice to maintain communication with the employee.
I have received a flexible working request, and I am not keen to accept it as it does not fit with our business needs. What are our legal obligations?
The employee has a right to submit 2 flexible working requests in a 12 month period and the employer is obliged to consider the flexible working requests, deal with it in a reasonable manner and inform the employee of the decision. There are set timescales for the employer to deal with the request which must be followed. There are set reasons for refusing the request and these are set out on the government website: https://www.gov.uk/flexible-working/after-the-application
It is important when considering the request to have an open mind and assess if it would be possible to accommodate the request. Do not automatically assume that a job cannot be amended just because it has never been tried out before.
What will the new government employment law changes mean for my business?
New changes in employment law were announced in October 2024. The Employment Rights Bill will go through a period of consultation before it becomes law. The key areas that are likely to have the biggest impact on small business are:
- Unfair dismissal rights will be given from the first day of employment (although probationary periods are likely to still be applicable)
- A ban on zero hours contracts which are “exploitative” and a requirement to offer employees a contract which reflects the hours they work
- Statutory Sick pay will be paid from the first day of absence
- Bereavement leave will be introduced
- Protection from third party harassment legislation will be introduced
- Fire and Re-hire will become unlawful.
These changes are not expected to become law until 2026. See my October blog for more information.
If I suspect someone has come to work drunk can I ask them to take a breathalyser test?
If an employer has a policy which states that they will carry out tests for alcohol if they suspect an employee has come to work drunk, then they can ask the employee to take a test. The employee would be obliged to accept the request, if the employee declined to take the test this could be treated as a disciplinary matter.
If the employer does not have a policy in place to cover this then the employer could ask the employee to voluntarily take the test. If the employee refuses they should not be forced to take the test. The employer should meet with employee and gather evidence based on the way they are acting and any smell of alcohol. Findings should be documented and statements should be taken from other employees who have witnessed drunken behaviour. Based on this information the employee may be subject to disciplinary action so a positive test is not always required to manage this scenario.
Can an employee insist on being able to record a disciplinary hearing on their phone?
Unless the employer’s disciplinary policy gives permission for the employee to record a disciplinary meeting then there is no obligation for the employer to accept this request. Notes should be taken at the hearing, and the employee should be remined that they will be given a copy of the notes after the hearing.
If the employer decided to accept this request, then written agreements should be put in place prior to the hearing to define who will be allowed to access the recording and clear instructions should be given in relation to sharing the recording. Immediately after the hearing the recording should be shared with all those in attendance.
If you have a specific situation which has arisen in your business, and you would like to discuss it please do not hesitate to get in touch!
[email protected]
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