Frequently Asked Questions
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Question

I want to make one of my employees redundant on Friday. How do I do it?

Answer

Redundancy is about following a procedure and in order to make the redundancy fair all steps have to be followed.

Question

One of our employees has committed gross misconduct. Can we sack them on the spot?

Answer

No. Suspend, investigate, hold a disciplinary hearing and if there is sufficient evidence for your reasonable belief of guilt, then sack them following the Statutory Disciplinary and Dismissal Procedure and a reasonable procedure. It may take 5 to 6 days to complete the process but that is better than having an Employment Tribunal complaint.

Question

Do we have to pay for a period whilst the employee is suspended?

Answer

Yes. Unless your contract of employment states otherwise. Suspension is a neutral action which neither presumes innocence nor guilt. Therefore, pay for the period of suspension. We also recommend that you give the employee a company contract.

Question

Do we have to pay holiday pay during maternity leave?

Answer

An employee on maternity leave is entitled to proportional holiday pay as allowed under the Working Time Directive (i.e. 28 days a year).

Question

Is it necessary to have an Equal Opportunity Policy?

Answer

Emphatically, yes. An Equal Opportunity Policy is as important as the Health and Safety Policy. Sex Discrimination, Sexual Orientation Discrimination, Race Discrimination, Religion and Belief and Disability Discrimination are key areas. It is important that the employee is aware of the policy and knows what to do if there is a problem.

Question

We have just had a Tribunal application from an employee who in our view has no case. Do we have to respond to the Employment Tribunal?

Answer

The answer is an emphatic YES. If you do not respond the Employment Tribunal will preclude you from taking any further part in the proceedings. This enables the employee to say what they wish in the Employment Tribunal without risk of being challenged.

Question

Can I raise a Grievance verbally against my boss?

A verbal Grievance has no standing. The Grievance Procedure requires that the employee puts their Grievance IN WRITING. The employee also has the right of appeal to a higher level of management and who has not been previously involved. If you dismiss you should always give the right of appeal.

 

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