Arrested employee, subcontractor holiday pay & pregnant staff…
“I’ve found out my employee’s been arrested! Do I just dismiss him?”
This is a difficult one. At this stage, he’s only under suspicion of a criminal act. There’s no proof… yet.
Depending on the type of business you run, you may be able to dismiss him. That’s if the arrest could damage your company reputation, but you must have evidence for that.
Similarly, if the reason for his arrest means he’s unsuitable for his role, such as fraud, deceit or violence, you could have grounds for dismissal.
In most cases, it’s fair to delay a decision until a guilty verdict.
“A subcontractor’s worked for me for five years. He says I owe him holiday pay. Is he right?”
Whatever the label you give him, if the reality is that he’s a worker or an employee, you owe him paid holiday.
A recent European case said that wrongly-classed workers can’t exercise their right to paid leave, so will carry over any untaken holiday.
So, if you’ve done the same, you might have to pay the sub-contractor a large lump sum at the end of his employment (currently capped at two years carryover).
For now, review your subcontractor’s working status to see whether he’s a worker or an employee.
“My best employee’s told me she’s pregnant. What do I need to do?”
Well, hopefully you’ve congratulated her. Now, start thinking about how you will manage her maternity period.
Ask for information about her pregnancy including when her due date is, when she’ll have antenatal appointments, and when she thinks she’ll take maternity leave.
Then, work out her rights to pay and plan for her leave. You must assess whether there are any workplace risks to mother and her baby, and remove any you find (where possible).