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August 30, 2013

Sickness, Absence and Annual Leave

The UK’s Working Time Regulations oblige employers to grant workers a minimum period of paid holiday each year. As such, employees have a statutory entitlement to no less than 5.6 weeks’ paid annual leave (or a pro rata entitlement for those working part time). This equates to 28 days for someone working five days a week. Entitlement is capped at 28, so an employee who works six days a week will only be entitled to 28 days' leave. Public or bank holidays may be included…

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bridge being built
August 29, 2013

The sky’s the limit for Infinity’s new ‘Cloud’ HR management tool

Infinity Training and Consultancy is reigning over the competition with ‘The Cloud’ by adding a cutting-edge HR management tool to its client services. The business consultancy specialist has teamed up with a leading payroll and HR provider, Moorepay, to help Scottish businesses benefit from one of the fastest growing HR and payroll solutions in the UK market. Having been shown Moorepay’s state-of-the-art cloud-based solution, Moorepayhr, Infinity TC felt it could radically improve its existing services and offer increased value to their existing clients. Infinity TC…

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the sky
July 31, 2013

Disciplining Employees Over Grievances

Can you discipline or dismiss an employee for raising multiple unfounded grievances? The case of Woodhouse v West North West Homes Leeds Ltd [2013] has highlighted the difficulties for employers faced with how to deal with an employee who raises multiple baseless grievances and tribunal claims. Over a period of four years, Mr Woodhouse, raised multiple grievances and brought a number of tribunal claims against his employer alleging race discrimination. Eventually, his employer decided that his behaviour in continuing to raise grievances, his refusal to…

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June 24, 2013

Status Given Go Ahead

The Growth and Infrastructure Bill received Royal Assent on 25th April 2013, making it the Growth and Infrastructure Act. The Act will introduce ‘employee shareholder’ employment status, enabling an employee to relinquish certain employment rights in exchange for shares in the employer’s business. The first £2,000 of shares will not be subject to income tax. In addition, there will be capital gains tax exemption for profits up to £50,000. What will this mean for employers? The legislation is expected to be introduced on 1st September…

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peace lily close up
May 31, 2013

The Dangers of Working on Fragile Roofs

In May 2013, a roofing company was fined for exposing workers to serious risk of injury at a site in North Wales. The Magistrates’ Court heard how the roofing contractor had been contracted to replace the roofs of light industrial units. The work involved replacing fragile asbestos cement roof sheets with metal roof cladding.  In November 2012 an off-duty inspector from the Health & Safety Executive (HSE) spotted two men employed by the contractors on the roof of one of the units. He could see…

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tree growing out from a large rock
May 10, 2013

Tribunal rules: What’s to come

Almost two years ago, it was requested of Mr Justice Underhill that he conduct a review of Employment Tribunals Rules of Procedure (or ET rules). These recommendations were published in July 2012 and, although the new rules are yet to be officially released, a consultation published by the government in March implies that the majority of Underhill’s recommendations have been accepted. While there is little dispute that certain areas of the ET rules require something of a makeover, there is concern among some groups that…

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statue holding ancient scales
April 29, 2013

Builder fined for failing to provide proper facilities

An employer has neglected to provide his workers with adequate facilities, Bodmin Magistrates’ Court has heard. The Health and Safety Executive (HSE) recently visited a site being operated by a reinforcement specialist contractor in Cornwall and found there was no hot or cold running water, or even a basin to wash in. A partner of the contracting company pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007. He was given a two year conditional discharge and ordered to pay costs…

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builders working with a sunset
March 27, 2013

Health & Safety Legislation Changes

Safety legislation in the UK are usually updated twice yearly in April and October, the intention of changes being introduced on two separate occasions is to help minimise disruption to businesses throughout the year. Since coming into power the Coalition Government has attempted to rationalise UK Safety legislation. A number of reports have been commissioned and completed to identify areas where legislation can be relaxed, combined, revoked etc in order to remove the so called “red tape” thus allowing businesses to do what they do…

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stethoscope on keyboard
July 19, 2012

Students in Employment

The P38(s) procedure is still with us for the 2011/12 year, but when should it be used and when should a P46 be used instead? The CWG2 Employers Further Guide to PAYE & Nic’s now calls the P38(S) a Special Procedure – You can use a P38(S) but it does not have to be in this format and can be your own version provided that it covers all the same questions and is only where: The student is going to work during term holiday periods…

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alarm clock on books
January 1, 1970

Terminating an employee’s contract due to long term sickness

When an employee's contract is terminated due to long term sickness, there is the potential for an unfair dismissal to arise. We're going to examine the following scenario: What are the risks of terminating the contract of an employee on long term sickness absence before the employee’s entitlement under sick-pay and permanent health schemes has been exhausted? Putting aside any potential claims for wrongful dismissal, breach of contract or disability discrimination, this blog considers just one of the complexities and circumstances in which an unfair…

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woman blowing nose in office