Are you in danger of new staff taking you to tribunal?
“My ex-employee wants to take me to an employment tribunal. He had less than two years’ service with me, so I’ve nothing to worry about, right?”
Maybe. He can’t claim unfair dismissal with less than two years’ service, but that doesn’t mean you’re safe.
There are still situations with less than two years’ service that can lead to tribunal—and it’s easier for employees to do now that they don’t have to pay fees.
One example would be for an automatic unfair dismissal (note the difference). The potential compensation amount is unlimited, which could be devastating. That’s why you must always follow a fair process.
“My employee’s returning from maternity leave and has asked to work fewer hours. Do I have to agree?”
Not necessarily. She has the right to return to the same job as before her maternity leave, with the same terms and conditions.
If that’s impossible, she has a right to a similar role on the same terms as her previous position. In general, that also means working the same hours.
But if she makes a statutory request to change her hours, you have to handle it reasonably. Meet with her, discuss the changes, and try to reach an agreement. You can refuse the request, but only for one or more business reasons, such as being unable to recruit cover.
“What wage should I pay my sleep-in staff?”
However often you pay them—weekly, fortnightly, monthly—you must pay them, on average, at least the National Minimum or Living Wage.
It’s not enough to pay a sleep-in allowance if you still pay staff below the minimum wage for their standard working hours.
Be careful when classifying time spent on sleep-in shifts as working hours. You have to take many complex factors into account such as the purpose of the shift and the terms of contract. If you get it wrong, you may end up having to make large backpayments to underpaid staff.