Does a 1 month notice period still apply after 8 years? No, is the quick answer to that. In the first month of employment, notice can be immediate on both sides. Their notice period After the first month, it has to increase to one week on both sides. You can keep the notice period at … Read more
If you’re unsure what you need to pay workers who don’t have a written contract, you should review your situation now. The best way is to speak to us and get solid employment contracts in place. The potential penalties and costs are significant and it’s not worth taking any risks when it comes to employment … Read more
The only way to protect your business is to issue a written contract of employment. Otherwise employment law and case law will apply and they are firmly on the side of the employee. For example, there is sometimes a mistaken belief that just because employees have worked in a certain way for a significant period of time … Read more
Does an employee have any rights without a written contract? Short answer, yes. Every employee has a minimum standard of rights under employment law. Even if they do not have a written contract of employment. Implied terms of employment without a written employment contract The law implies certain terms into the contract of employment, even … Read more
When it comes to employment law and employment contracts, it can be difficult to know where you stand sometimes. And one question we’re often asked is what happens when people don’t have a written contract, can they simply be fired without any notice? It’s important to remember that anybody that carries out work for you … Read more
Holiday pay is a legal entitlement for ALL workers. If you think that you’ve got a legitimate reason not to pay holiday pay, you should be prepared to prove this when challenged. In court. Paying legal fees of £300/hour plus VAT. If you don’t pay a worker holiday pay, then you would be liable to legal action. A worker … Read more
You will need to start doing so immediately. Claims for unpaid holiday pay can go back two years. Better to start paying for the holiday now, going forward, and hope that they don’t start a tribunal claim for the unpaid holiday before it is out of time. Call us if you would like to discuss the best way … Read more
People who work irregular hours are also entitled to paid holiday, no matter what contract they are on. Every hour they work counts towards their holiday entitlement, up to the full time working week (normally 40 hours). You must average out their worked hours over the previous 52 weeks to find out how much holiday entitlement they … Read more
If you’ve got a worker who works less than 5 days per week, their holiday entitlement is calculated on a pro-rata basis. So, if they work 3 days per week, they’d get 3/5 of 28 days, which is 16.8 days of paid holiday a year. This calculation works if they have set or regular hours every week.
You can just give your staff 28 days holiday, with no entitlement to paid bank holidays off. This is the best way to go if you need cover 7 days a week and have your staff working shifts, as is usual in hospitality and leisure. If they want a bank holiday off, and they are rota’d to work, … Read more
Bank or public holidays do not have to be given as paid leave. Although bank holidays are not a legal requirement, many employers include them as part of the paid holiday entitlement. So, the UK has between 8 and 10 bank holidays per year (depending on where you live), which means workers can get 20 days of holiday plus bank … Read more
If they work a standard 5-day week, this means they get 5.6 weeks or 28 days of paid holiday each year. It’s often called annual leave or statutory leave entitlement, but it all means the same thing. If they work 40 hours a week (i.e. full time), they can’t earn more holiday by working more … Read more
All workers are entitled to holiday pay. That includes employees, agency workers, casual workers, apprentices and zero-hours workers. In fact, even if someone is classed as self-employed, they might still be a worker. If they do the work themselves and there’s nobody else to do it (no right of substitution), they’re a worker, and if … Read more
If they don’t have a written contract, what holiday pay do I have to pay? If you’ve got workers who don’t have a written employment contract, there’s a few questions you probably have. It all comes back to what their rights are when it comes to employment law. But when it comes to holidays, what’s the … Read more
Oddly enough, the Australians, although they are “just like us”, are actually one of the few nationalities we come across regularly which are NOT entitled automatically to work here. So for starters, when hiring an Australian, ask to see their passport, which is where any valid visa will be. Many Australians come over on a … Read more
The employee had resigned and then said that as she was intending to move up north, and things hadn’t been finalized, could she stay on till the end of term (this was in a preschool). My client agreed (this was before I was advising her, I hasten to add) because she was having trouble finding a replacement. This … Read more
When your employee resigns This might be a relief or a pain in the neck. For a resignation to be valid, it needs to be in writing. If the resignation is straightforward, with just “I am hereby giving you notice“, then you just need to – acknowledge the resignation. – work out their last working day. … Read more
The short answer is “No”. There is no legal right to be paid for not working! However, you may want to offer the following options: that they use their holiday entitlement instead that they work from home – but this obviously will only work if they have remote access to your servers and have a job that … Read more
“It depends” is the short answer. An employee’s statutory holiday entitlement in any year is 28 days. Those days can be any days in the calendar year. However most employers have found it easier to give their employees their holiday entitlement by including the bank holidays in the 28 days holiday. This makes perfect business sense, … Read more
notice period No, is the quick answer to that. In the first month of employment, notice can be immediate on both sides. Their notice period After the first month, it has to increase to one week on both sides. You can keep the notice period at one week for the first year, or after the … Read more
Contract – Employment Contract Legally, since 1 April 2020, you have to give all new employees a contract on their first working day. On a purely practical level, it ensures that they know what is expected of them, i.e. their hours of work. They also know what they are entitled to, i.e. holidays, any sick … Read more
Contract – Employment Contract Legally, since 1 April 2020, you have to give all new employees a contract on their first working day. On a purely practical level, it ensures that they know what is expected of them, i.e. their hours of work. They also know what they are entitled to, i.e. holidays, any sick … Read more
The short answer is “No”, you cannot stop an employees working for competitors for 12 months. The usual way of trying to do this is by putting a restrictive covenant into the contract. That means that you put a noncompete clause in, making it clear that they are not to compete with you after leaving. … Read more
Yes! If you employ anyone, be it a nanny, receptionist, or salesperson means that you have responsibilities under employment law. As is usual in law, ignorance is not a defense and will not protect you! You don’t need to pay redundancy to staff who have worked less than two years for you. You will obviously have to pay … Read more
Are they refusing to sign their contract, or have they just not done so? There are three cases for employees who don’t sign their contract: If they haven’t started working for you If they are working for you but are under 2 years’ service If they are working for you but are over 2 years’ … Read more
Why do I need to allow a resignation cooling off period for an employee? It may seem pointless to allow a resignation cooling off period when an employee announces their resignation to your face – especially if you don’t particularly want them to stay either. But it’s much better to do so than to not. … Read more
Are they refusing to sign their contract, or have they just not done so? There are three cases for employees who don’t sign their contract: If they haven’t started working for you If they are working for you but are under 2 years’ service If they are working for you but are over 2 years’ … Read more
