Holidays, sick leave and dismissals
Staff management problems always seem to crop up at the worst possible time.
That’s why we’re helping you stay prepared with free employer advice. Read on to get started…
I’m trying to work out holiday pay for my staff. Should I include all overtime worked in my calculation?
It’s a grey area. By law, you have to work out holiday pay based on your workers’ normal pay and compulsory overtime.
But the law’s unclear about whether you should also include voluntary or non-guaranteed overtime.
Yet recent tribunal decisions imply that employees will win claims if they don’t get that overtime in their first four weeks of holiday pay.
I need to dismiss one of my staff members who’s still an apprentice. Do I need to follow a different process?
It depends on where you are in the UK. If you’re in England or Wales and using an ‘apprenticeship agreement’, just follow the normal dismissal process.
But if you’re in Scotland, it’s different. Don’t go ahead with the dismissal process. If you do, you’ll likely face a large payout at an Employment Tribunal.
It’s because the Scottish ‘contract of apprenticeship’ puts the focus on learning rather than the job itself. So, instead of dismissal, you have to offer training and support.
My employee has a long-term illness and I’m unsure if she’ll ever recover enough to come back. What should I do?
You must still try to see how you can support her return to work. This may be through using medical evidence, an occupational health report or just by talking to her.
If the accident left her with a disability, then by law, you have to see if any reasonable adjustments to the role and workplace could help her return.
But if you can’t make reasonable adjustments and she’s unable to return, you may achieve a fair dismissal for capability.