Business Link for the chop | News | EN for Business

Business Link for the chop | News | EN for Business.

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The Press Association: Men ‘less enthusiastic about work’

The Press Association: Men ‘less enthusiastic about work’. The findings of this research suggest that older workers are more productive.

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Are part-timers entitled to paid Bank Holidays?

We have an employee who works part time and as a result she never works on a Monday. Do we have to pay her for Bank Holiday Monday’s?

In 2007 the employment appeal tribunal ruled that a part time employee will only be entitled to claim paid leave on a bank holiday if their full time counterparts would be paid on a Bank Holiday AND  if the part time worker would usually have worked on that particular Bank Holiday. So you can work out whether that would apply in your case. 

The potential problem was that by refusing to give part time workers the same benefit as full time workers the employer was discriminating against part time workers in breach of the regulations which protect them.

However, the court held that although the employee does suffer a detriment it is not because she works part-time but simply because she doesn’t work on Mondays. 

ELE members will find more information on their ELE web service account.

Warm regards

Carolyn

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Tories plan to move the unemployed to areas with more jobs – mirror.co.uk

Tories plan to move the unemployed to areas with more jobs – mirror.co.uk.

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What are your options when an employee is absent without leave?

If an employee doesn’t turn up to work and gives no explanation the employee is likely to be in fundamental breach of the employment contract because they have failed to provide their labour as required by the contract of employment.

However, tribunals expect employers to act reasonably in such circumstances and so it is necessary to make an effort to find out whether there is a good reason for the absence rather than simply firing the employee.  Get it wrong and it could be very costly!

In such cases an employee is effectively absent without leave so you could start by writing to the employee asking why they are not attending work. Give them a date by which their reply must be received and explain that they should either attend work or give a good reason for their absence otherwise you will treat it as a serious disciplinary matter and their job could be at risk.

Alternatively, you could treat their continued absence as a resignation but this is more risky.

ELE members: You will find the relevant letters and guides in the Absence Managers Toolkit on your webservice account.

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A new starter has had an accident out of work, what am I able to do? Must I keep her on and pay SSP or can I let her go?

Some companies pay full pay during sickness absences and it is not unusual for them to include a clause that enables them to refuse to pay if the employee’s accident results from them engaging in dangerous sports outside of work or they may seek to claw back payments from 3^rd party insurance settlements. It does seem harsh to dismiss an employee who has, perhaps through no fault of their own, been involved in an accident especially if the financial liability from the company’s perspective is only SSP; however I understand that it may also cause you difficulties in terms of covering her work during her absence.

In which case, if the employee is not suffering from a disability and if there is nothing in her contract to prevent you dismissing her now, and if there are no other factors at play which may amount to discrimination or unfair dismissal then you could let her go on grounds that she was unsuitable for the post because as you say, she is a new starter and would not ordinarily have unfair dismissal rights.  Please note that I have included a lot of ‘ifs’ in that answer so it would be advisable to get an employment lawyer to look at the particular facts of the case before you end her employment.

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Retirement age rise plan attacked by charities and unions | Money | The Guardian

Retirement age rise plan attacked by charities and unions | Money | The Guardian.

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Optician prosecuted for paying staff less than national minimum wage

Optician prosecuted for paying staff less than national minimum wage.

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Can I make an employee redundant while she is on sick leave?

An employee of ours is on sick leave and I have plans for restructuring which mean her job would no longer exist. Would there be risks attached to restructuring while she is away?

It is advisable to conduct the consultation with the employee when she returns to work, however, if that is impractical then you can conduct the consultation with her while she is on sick leave, but be very careful that you are not selecting this particular employee for reasons of her being disabled. There is no specific period for consultation but it is advisable to ensure that you give her time to respond in writing to your consultation letters.

Redundancy is, in effect, a dismissal and so the employee should be afforded the right to know why you are considering making her job redundant; to discuss the pros and cons of any decision before it is made; to be accompanied by a colleague or trade union official; and to appeal your final decision.

Remember that consultation is a ‘two-way’ process so provide the means for her to respond where appropriate. It’s all about keeping the employee informed and giving her full rights to consultation even though she is on sick leave. It is advisable to send letters by recorded delivery and if you don’t receive a response, try other routes to contact her. Whatever you do, don’t just send a redundancy notice through the post!

Check your Redundancy Managers Toolkit on your ELE web service for different rules where several jobs will be made redundant within a given period.

Carolyn

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Scared workers taking fewer sick days due to recession – Telegraph

Scared workers taking fewer sick days due to recession – Telegraph.

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