Features

HR Update - Legal roundup

Following a raft of recent changes to maternity, sickness and other employment-related legislation, Jacqui Mann of HR4 Nurseries provides a
roundup of 20 things every employer needs to know

1. People don't have to be employed by you to take you to an employment tribunal for discrimination.

2. If someone applies for a job and you don't invite them to an interview they could bring a claim for discrimination.

Make sure you have a selection criteria and process that you follow.

3. Pre-employment health questionnaires are illegal. You can only ask questions about health once an offer of employment has been made.

4. A person does not have to be registered to be covered by disability discrimination legislation.

5. You need to take copies of documents proving a right to work in the UK for everyone you employ.

6. You can be fined up to £20,000 for each illegal worker you employ.

7. By law you must provide a written statement of terms and conditions within eight weeks.

8. You must pay statutory sick pay if any employee is off work for four days or longer.

9. Fit notes are provided by a GP once an employee has been sick for seven days.

10. Flexible working is available to all employees.

jacqui-mann-cdp11. Employees are entitled to 52 weeks maternity leave; 50 can be shared with the other parent.

12. Employees returning to work after maternity leave do not have an automatic right to return to work part time.

13. Very soon, if not already, you will have to offer employees access to a pension. They must be automatically enrolled in the pension if they are 22 or over and have the correct level of earnings.

14. Part-time workers are entitled to 28 days holiday pro-rata.

15. Discrimination claims are uncapped so there is no limit on the payout.

16. Be careful when dismissing an employee with less than two years service as they may not be able to claim unfair dismissal but they can claim discrimination.

Have you checked if they have any protected characteristics?

17. The right to be accompanied at disciplinary and grievance meetings only allows for a work colleague or trade union representative.

18. Clauses in employment contracts cannot be changed without consultation with the employees concerned.

19. All employees have a right to raise a grievance

20. Employees on long-term sick leave still accrue annual holiday entitlement.