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.
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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.