Each week, hundreds of business owners call Employers Direct for free advice on how to fix their biggest HR issues.

Here are the top three questions we received in June, and the answers we gave to stop bosses like you from breaking the law…

“I overpaid my employee. Can I get my money back?”

Yes, you can—so don’t panic.

Talk to your employee and tell them that you’ve noticed your mistake. You don’t need the employee’s agreement to recoup an overpayment from their future wages, but it’s best to talk to them and set up a payment plan to get your cash back over the next few months.

But be careful. If your overpayment was for a big amount, don’t take it all back in one go. Why?

Because there’s an implied term in employee contracts that covers mutual trust and confidence. It sets out how bosses should treat their employees and vice versa.

If you took a large sum from your employee’s next wage without telling them, they could argue that you breached this term.

And if that forces your worker to resign, they could claim constructive dismissal. Then you could be forced to pay out as much as £102,194.

Don’t let a pay mistake cost your business. Call us on 0800 144 4050

“Do I have to adapt my workplace for disabled staff?”

You have a legal duty to make reasonable changes to your workplace to help your disabled employees.

If you don’t, your employee may take you to an employment tribunal. And you could face unlimited damages for discrimination.

Adapting your workplace for disabled staff can be costly. But don’t worry. The government offers grants to help you make changes to support your disabled employees.

Not sure how to support disabled employees at work? Call us on 0800 144 4050

“Can I force older staff into early retirement so that I can hire fresh talent?”

Yes, you can set a retirement age for staff. But, you need to have a strong reason to do so. Because you could be tested at a tribunal…

That’s what happened to Oxford University, when a professor argued that the university’s retirement age was unfair.

The university said its policy had a real business goal. It gave them the chance to hire more women, younger academics, and staff from different races.

On this occasion, the tribunal agreed with the university. But other organisations haven’t been so lucky and have faced penalties for age discrimination.

Want to find out if your business reason is good enough before bringing in an early retirement policy? Call us on 0800 144 4050