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.

10 things you need to know about flexible working rules

Employees might like the sound of flexible working to give them a better worklife balance. But how flexible do employers really need to be?

By law, employers must "consider" requests to work flexibly from all eligible employees from day one. (Before April 2024, employees needed 26 weeks' continuous service before they gained the right to request flexible working.)
Employees can make two requests for flexible working every 12 months.
Flexible working is any working pattern other than the normal working pattern - it can involve changes to the hours an employee works, the times they are required to work or their place of work. Employees may request to do some or all their work from home. Employers still have health and safety obligations to employees working at their home.
Employers can refuse an application to work flexibly only if there is a valid business reason, such as: the burden of additional costs; inability to meet customer demand or reorganise work amongst other employees; detrimental effect on quality or performance; insufficient work when the employee proposes to work, etc. Before refusing an application, you must consult with the employee.
If you refuse an application to work flexibly, the employee may appeal. They must appeal in writing, and you must arrange a meeting and inform the employee of your decision without "unreasonable delay".
You must conclude all requests (including appeals) and inform the employee of your decision within two months.
In some circumstances, the employee may decide to make a formal complaint to an employment tribunal or to the Acas arbitration scheme.
If you accept a request for flexible working, you will need to amend the employee's contract of employment to reflect the changes. If the new flexible working arrangement involves changes to the number of hours worked, you will need to amend the employee's pay and holiday entitlement.
You must be consistent in your approach to flexible working. Keep records of who has applied to work flexibly, and what your response was. Monitor and evaluate how the new arrangements are working.
Special events, eg major sporting events and royal weddings, are in themselves not reasonable grounds for requesting flexible working. However, granting some flexibility for special occasions could be good for staff morale - providing employees make up the time and it doesn’t detrimentally affect the business.