Peter Etherington
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Employment Update for Small Businesses
May 2019

Dear Subscriber

This month we felt it was about time we introduced you to our newest team member, Lindsey, and told you about her charity challenge on Sunday.  Please support her if you can.  Also, as there have been no significant employment law updates to report recently, we felt it was be a good opportunity to let you know the key questions employers have asked us for support with over the last month.
Please contact me if you would like to find out a bit more about any of the subjects raised in this update or if you need any help or advice.

Please forward this email to any of your contacts who might find it of benefit.

Regards
Peter Etherington
Tel: 01664 668164

www.etherington.co.uk

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Peter Etherington
An Introduction to Lindsey Tomley
Consultancy Assistant
Lindsey joined PEELS as a Consultancy Assistant at the end of February and has hit the ground running!  She has a background in Human Resources within the food manufacturing industry which has given her experience of dealing with a range of HR and people issues. Prior to that she gained experience within training and recruitment.

Lindsey handles a wide range of customer queries, is skilled at drawing up HR letters and associated documents, and will be helping set up a range of training programmes for our clients.  She has also become the first point of contact for queries relating to our recommended HR system, breatheHR.

Lindsey is climbing the Yorkshire Three Peaks this Sunday raising money for two fantastic charities – SANDS (Stillbirth & Neonatal Death Society) and Cancer Research.  She is taking on the challenge to walk/climb the 23.3 miles within 12 hours. These charities are very close to Lindsey’s  heart, and if you want to support her then please click here to donate. Many thanks in advance, and Lindsey will update you next month on how she gets on!

April’s Top 5 FAQs
This is what our customers asked us about last month
Does an employer have to pay holiday pay to its casual workers?
Yes, every worker (whether an employee or otherwise) is entitled to 5.6 weeks’ paid annual holiday, and should be paid for any accrued outstanding holiday pay on termination.

What is TUPE?
It is the acronym used to refer to the Transfer of Undertakings (Protection of Employment) Regulations 2006.  It protects employees when the business they work for transfers to a new owner, or when the service they provide (e.g. IT support) is outsourced.  The new owner inherits all rights, liabilities and obligations in relation to employees.

How can an employer tackle poor performance?
Ensure the employee has a clear job description and that performance reviews are being held. Any issues should be highlighted and timescales set for improvement.  Should there be insufficient improvement then informal warnings can be given, progressing to formal warnings through the disciplinary procedure.

If an employee resigns after disciplinary proceedings have started should the disciplinary procedure proceed?
No – If the employee resigns with immediate effect. As employment will terminate there is little point in continuing a disciplinary procedure as no disciplinary sanction can be imposed against a former employee. However, the information should still be retained in line with your data protection retention policy, should there be any future constructive dismissal or unlawful discrimination claims.
Possibly – If the employee resigns with notice. Employers may progress through to conclusion during the employee’s notice period.  If the outcome is summary dismissal on the grounds of gross misconduct, and is effected during the employee’s notice period, it will supersede the resignation.

What should be included in a Job Description/Exit Interview/Performance Appraisal document?
We have general templates to assist you, please contact us if you would like a template e mailed to you or require any advice.

Why not send us your own Q&As?  The best ones may be selected to be included in future newsletters.

National Minimum and Living Wage Rate​s
The current National Living Wage and National Minimum Wage rates are:

  • £8.21 per hour for workers aged 25 and over
  • £7.70 per hour for workers aged 21 to 24
  • £6.15 per hour for workers aged 18 to 20
  • £4.35 per hour for workers aged 16 and 17
  • £3.90 per hour for apprentices under 19 and those over 19 in their first year*

*N.B. Apprentices over 19 and who have completed at least one year are entitled to the appropriate rate for their age.

www.etherington.co.uk