Practical employment law information to support your business, from Clover HR

Recruitment and employment contracts

Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Pay and pensions

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

Working time: hours, leave, flexible working

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

Employment policies

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

Sickness and sick pay

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Maternity, paternity and adoption

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

Discrimination

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Managing home workers, remote workers, lone workers

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

Information and consultation

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Discipline and grievance

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Dismissals and redundancies

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunals

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

When is a dismissal is automatically unfair?

There will automatically be a finding of unfair dismissal against you, if you sack an employee for any of the reasons below. Their age, or their length of service is immaterial

Taking, or seeking to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave;
Taking leave for family emergencies or to care for dependants;
Taking, or seeking to take, time off for antenatal or adoption appointments;
Performing certain health and safety activities;
Refusal of Sunday working by shop and betting employees;
Refusal to perform certain activities that would breach the Working Time Regulations;
Performing certain functions as a trustee of an occupational pension scheme;
Performing certain functions as an employee representative under the TUPE or collective redundancies legislation;
Making a protected disclosure (ie whistleblowing);
Asserting certain statutory rights;
Seeking to exercise the right to be accompanied or to accompany a fellow worker at a disciplinary and grievance hearing;
Taking certain steps under the National Minimum Wage Act 1998;
Seeking to exercise the right to flexible working;
Because they are a part-time worker;
Because a zero hours worker works for other employers;
Participating in ‘protected’ industrial action;
Performing certain functions in relation to trade union recognition;
Participation in trade union membership or activities;
Exercising rights relating to fixed-term working;
Undertaking jury service;
Carrying out pension auto-enrolment obligations for an employee.

There will also automatically be a finding of unfair dismissal against you, if an employee can prove to an Employment Tribunal’s satisfaction that you selected them for redundancy for any of the above reasons.

This list is not exhaustive. If you are considering dismissing anyone who might be able to attribute your action to any of the above causes, you are strongly advised to take legal advice first.