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Is a bad attitude a conduct or capability issue?
An employee's bad attitude could amount to a conduct or capability issue, or both.

Andrew
Sep 29, 20251 min read


Do job applicants have the right to see notes made on them at interview?
Yes, job applicants have the right to see interview notes if the notes are either transferred to computer or form part of a "relevant filing system".

Andrew
Sep 24, 20251 min read


Should you invite an employee to a disciplinary meeting whilst they are off sick
Where an employee who is subject to disciplinary proceedings is absent due to a short-term illness, the most appropriate course of action is likely to be for the employer to postpone the meeting until the employee is well enough to attend.

Andrew
Sep 18, 20251 min read


Can you lawfully demote an employee?
The short answer is, yes. That said, it can't be done in haste.

Andrew
Sep 13, 20252 min read


Can an employer limit its liability by including a disclaimer in a reference?
Many employers aim to limit liability for references by adding a disclaimer stating that they cannot accept any liability for errors or omissions in the content of the reference. While there is no guarantee that a disclaimer will be effective, there is no disadvantage in including one.

Andrew
Sep 10, 20251 min read


What is GDPR?
The General Data Protection Regulation (2016/679 EU) (EU GDPR) is the governing legislation for collecting and processing personal data in the EU.

Andrew
Sep 9, 20251 min read


Are free or subsidised employee meals a taxable benefit?
Providing employees with free or subsidised meals on the employer's business premises or in any canteen is not taxable if the provision is part of an arrangement that is made available to the employer's staff in general.

Andrew
Sep 6, 20251 min read


Is an employer obliged to supply a reference?
Most employers are not obliged to provide a reference about an employee or ex-employee, regardless of whether the request for the...

Andrew
Sep 3, 20251 min read


Can employers be held liable for harassment that takes place during a work-related social event?
Employers can be held vicariously liable for discriminatory acts by employees - even if the event is held off site and out of normal working hours.

Andrew
Aug 30, 20251 min read


Can you anonymise witness statements from a grievance or disciplinary procedure?
Yes, an employer can anonymise witness statements obtained during a grievance or disciplinary procedure. That said, while there is no legal requirement to disclose the identity of witnesses, failure to do so undermines the employee's right to challenge properly the evidence.

Andrew
Aug 20, 20251 min read


How should an employer calculate a week's pay in relation to holiday pay entitlement?
The rules for calculating a week's pay for the purposes of holiday pay are set out in ss.221 to 224 of the Employment Rights Act 1996, as modified by the Working Time Regulations 1998.

Andrew
Aug 16, 20252 min read


Who is covered by the definitions of irregular hours workers and part-year workers in the Working Time Regulations 1998?
There are specific rules on the calculation of holiday entitlement and payment of holiday pay for "irregular hours workers" and "part-year workers".

Andrew
Aug 11, 20252 min read
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