A large part of my HR consultancy week is made up of answering questions like this so I thought it might be helpful this month to share this information on my blog:
Is there a legal obligation to authorise a period of unpaid leave for an employee?
Employee’s have a right to the statutory minimum holiday entitlement (28 days for a full time employee). There are other types of leave which can be unpaid such as family emergency leave and parental leave. If a request is made for unpaid leave because an employee has no more holidays left to use this can be considered by the employer but there is no legal obligation to authorise this type of leave.
I am not sure if I can accept the flexible working request can I put a trial period in place?
Yes, it is good practice to put a trial period in place if you are not sure if you can accept a flexible working request. The employer must take time to fully consider a request for flexible working, this request can be rejected but only on specified grounds. If an employer is unsure if they can make a request work it is much better to put a trial period in place to test it out rather than reject it altogether. If a trial period is put in place this should be documented and a review date should be defined.
Can I make an employee redundant because they are underperforming?
If there is no downturn in work, then the answer is no you cannot make an employee redundant because they are underperforming. A redundancy situation will arise where an employer ceases to carry out business or where work of a particular kind has ceased or diminished. If an employer has a situation where an employee is not performing this should be dealt with under a performance management procedure.
How do I manage a case where someone is not fit to undertake their role?
If an employee has an illness and is no longer fit to undertake the role the first step will normally be to gather information on the medical condition. The employer should assess how long the medical condition is likely to last and whether the employee may be fit to undertake an alternative role. Termination of employment on the grounds of capability is one option, but the employer must gather relevant information and follow a fair process to avoid claims of disability discrimination and unfair dismissal.
Can an employee work elsewhere when they are off sick?
The fact an employee can work elsewhere when off sick could be evidence that the sickness absence is not genuine, however, this is not always the case. The employer must look at the medical condition and the needs of the job before reaching a conclusion. It is appropriate to investigate the circumstances fully before deciding to treat this as a disciplinary matter. Employers can include a clause in contracts of employment which states employees must be given consent by the employer if they wish to take on a second job. If an employee had this clause in their contract, a breach of this clause could be dealt with as a disciplinary matter.
Is there a legal obligation to authorise a period of unpaid leave for an employee?
Employee’s have a right to the statutory minimum holiday entitlement (28 days for a full time employee). There are other types of leave which can be unpaid such as family emergency leave and parental leave. If a request is made for unpaid leave because an employee has no more holidays left to use this can be considered by the employer but there is no legal obligation to authorise this type of leave.
I am not sure if I can accept the flexible working request can I put a trial period in place?
Yes, it is good practice to put a trial period in place if you are not sure if you can accept a flexible working request. The employer must take time to fully consider a request for flexible working, this request can be rejected but only on specified grounds. If an employer is unsure if they can make a request work it is much better to put a trial period in place to test it out rather than reject it altogether. If a trial period is put in place this should be documented and a review date should be defined.
Can I make an employee redundant because they are underperforming?
If there is no downturn in work, then the answer is no you cannot make an employee redundant because they are underperforming. A redundancy situation will arise where an employer ceases to carry out business or where work of a particular kind has ceased or diminished. If an employer has a situation where an employee is not performing this should be dealt with under a performance management procedure.
How do I manage a case where someone is not fit to undertake their role?
If an employee has an illness and is no longer fit to undertake the role the first step will normally be to gather information on the medical condition. The employer should assess how long the medical condition is likely to last and whether the employee may be fit to undertake an alternative role. Termination of employment on the grounds of capability is one option, but the employer must gather relevant information and follow a fair process to avoid claims of disability discrimination and unfair dismissal.
Can an employee work elsewhere when they are off sick?
The fact an employee can work elsewhere when off sick could be evidence that the sickness absence is not genuine, however, this is not always the case. The employer must look at the medical condition and the needs of the job before reaching a conclusion. It is appropriate to investigate the circumstances fully before deciding to treat this as a disciplinary matter. Employers can include a clause in contracts of employment which states employees must be given consent by the employer if they wish to take on a second job. If an employee had this clause in their contract, a breach of this clause could be dealt with as a disciplinary matter.
RSS Feed