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HR Services and Employment Law specialist: For Employers
Call Us: 01491 598 600 Email Us: cw@gaphr.co.uk

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Sick leave & social media

Written by Carolyne Wahlen

What can I do if I have an employee who is currently on sick leave from work, but they have been posting images of themselves going out on social media?

Managing sickness absence is rarely a straightforward task and dealing with someone that you suspect is not genuinely ill has always been at the trickier end of the scale.

The situation is not helped by the fact that employees who are off work on sickness absence don’t have to hole themselves up in their home and not go outside. While it is frustrating, it is important to move with caution and not make any knee-jerk decisions regarding how you will deal with the issue upon their return to work.

What is the reason that the employee is off sick and the nature of the work that they perform for you? Some illnesses which make someone unfit for work will not mean that the employee cannot continue as normal in other parts of their life.

If an employee tells you that they cannot come into work because they have broken their ankle, and then you see them on Facebook dancing on both feet without crutches in a night club, you will probably be right in doubting the truth of their sickness.

The same goes for an employee who claims they have a contagious illness. You would assume that they therefore cannot be in the presence of other people, but are then seen on Instagram hugging people at a party!

In both cases you need to follow your disciplinary procedures. Falsifying sickness absence is theft (they are being paid sick pay when they aren’t sick) as well as lying, and should be handled as misconduct, potentially gross misconduct.

[Read more…]

Filed Under: Disciplinaries

Heat of the moment resignations

Written by Carolyne Wahlen

My employee gave me their verbal resignation yesterday and wants to come back today – do I have to let them?

If it was a “heat of the moment” resignation, usually yes.

Resignation is unilateral, in that you don’t need to “accept” it for it to be valid.

That said, if there has been a discussion, tempers got frayed, and your employee storms out saying “you can stuff your job!”, then you should give them the chance to cool down.

[Read more…]

Filed Under: Business, Disciplinaries, Dismissal, gross misconduct, Managing Employees, Resignation

Disciplinaries and solicitors

Written by Carolyne Wahlen

When can they bring a solicitor to a disciplinary meeting?

When the consequences of them being dismissed would mean that they could never work in their profession again. Ever.

[Read more…]

Filed Under: Business, Disciplinaries, Grievance, Managing Employees

Verbal warnings

Written by Carolyne Wahlen

When can you give verbal warnings to an employee?

Never! Verbal warnings were abolished in 2009.

At a recent talk I was asked “but can’t we keep using them, if they are part of our policies and procedures?”.

[Read more…]

Filed Under: Business, changing terms, Contracts of Employment, Disciplinaries, Dismissal, Managing Employees, Warnings

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About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

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Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Ashley Lewis, Wallingford Tiles and Bathrooms

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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