Sick leave, half term holidays & TUPE
“My employee is off sick. He says if I contact him, it’s harassment. Is this true?”
Keeping in contact with sick employees is an important part of managing absence. It can help make his return to work easier and quicker, as he won’t feel forgotten about or isolated.
But don’t repeatedly contact him. That may be harassment.
To get the balance right, take into account factors such as the nature of his illness, how often you’re contacting him and whether contacting him again is necessary at all.
“My employee asked to take the October half term off to look after her children. Do I have to allow it?”
She needs to submit a holiday request in line with your holiday booking procedure. If she gives you enough notice and you can continue to meet current business demands, you must consider her request as normal.
Some companies have limits to how many people can be off at the same time, so don’t forget to check if other people in her team are on holiday. If the maximum number of people have already booked leave for that period, you can decline her request.
Alternatively, has she asked to take unpaid parental leave? If so, she must have been with your company for at least a year and given you 21 days’ notice. She can then take up to four weeks’ leave per child.
“I’ve taken over a cleaning contract where the on-site employee also works at other sites for his existing employer. Do I have to transfer him to my company under TUPE rules?”
Working at other sites—or for other clients—doesn’t automatically mean he won’t transfer to your company, but you should know why people transfer under TUPE rules.
Amongst other requirements, staff transfer under a service provision change where there is an organised grouping of employees whose principal purpose is carrying out the relevant activities on behalf of a client. Unfortunately, that isn’t easy to determine.
TUPE will apply after looking at details including the existing company’s structure, the organisation of work, the employees’ contractual duties, and whether the employee works for other clients. TUPE is complex, so if you’re unsure about what to do, please seek professional business advice.