My Accountant, who's wife is due to have a baby very soon, has told me that he is entitled to two weeks paid paternity leave. Is he right?
Yes, he is right. From April this year qualifying fathers are entitled to two weeks' paid paternity leave but there are certain conditions attached to this. The rate is currently £100 per week.
(Contact us for further information on Paternity Rights.)
One of my staff who is currently on maternity leave has requested to return to her old job on a part-time basis. I don't need any part-time staff and have now offered her old job to someone else, full-time. Does she have a right to request part-time and do I have to allow her to return on this basis?
You are treading on very thin ice and risking possible claims for both indirect sex discrimination and unfair dismissal. If it is not too late, carry out a damage limitation exercise immediately - call her in and explain the situation to her. In the meantime try and find her a suitable part-time position with the same or better terms and conditions as her previous job. Many women seek to return to work on a part-time basis following maternity leave and the employer will have to justify completely the decision that the job must be filled on a full-time basis. A very risky business.
(Contact us for further information on Maternity Rights.)
And what about Parental Leave ... how can I allow my staff to take thirteen weeks off, and if they have four children under five, what then?
Firstly, they can't take off the whole 13 weeks all at once, usually in periods of one week at a time, and no more than four weeks per child in any year. Secondly, while you must consider all such requests, you also have to consider the business needs before agreeing to the leave, and if your business would be harmed, leave can be postponed for up to six months. Also - remember that it is unpaid.
(Contact us for further information on Parental, Family and Other Leave.)
At what stage must I give my employees their Contracts?
As you know, a contract is entered
into as soon as you make an offer and it is accepted. You must give them written
details of their terms and conditions of employment within eight weeks of
them starting with you.
(Contact us for further details of what the contract must contain.)
I only have 3 employees. Must I still give them a written statement containing the conditions of their employment?
It is a legaI requirement to
provide a Statement 0f Terms and Conditions of Employment to all new employees
who work for you continuously for more than one month.
(Contact
us for further details of what the contract must contain.)
I am thinking of changing the working times for my staff. Can I just inform them of their new hours?
The hours someone works is one
of the basic conditions of their contract with you which has been mutually
agreed. You cannot change this or any other term or condition of their contract
without their consent. You should discuss your plans, and your reasons for
wanting to change their hours with your staff and reach an agreement with
them before you can implement the change. Be aware of the Working Time Regulations
no-one should work more than 48 hours per week etc.
(Contact us for further information.)
I have been told that I must keep all the cleaning materials used in my office fully labelled and locked away when not in use. Is this correct as it seems rather extreme for everyday items such as washing up liquid?
Under COSHH regulations (Control
of Substances Hazardous to Health) all sorts of substances can create a danger
to someone - they might misuse it, they might not take the proper precautions
to protect themselves, they might even drink it if it is in the wrongly labelled
container! You have been advised correctly.
(Contact us for further details.)
Do I really have to have a fire drill? It is so disrupting.
Yes, you do. Your staff rely
on you to provide a safe working environment for them and you have a duty
of care. Do you have the correct fire extinguishers?
(Contact us for further details of how to do this properly.)
One of my staff has told me they need to have an eye test because they are spending so much time on the computer and that I must pay for this. Is this right?
Yes. You may also have to contribute towards the cost of new glasses for them, but you can set a limit of the benefit for both tests and spectacles. You are not expected to pay for designer glasses!
(Contact us for further details of how to do this.)
The above are intended to be
examples only. No responsibility for the currency or comprehensiveness of
the material reproduced here is accepted by us as each situation is different.
Although great care has been taken in the preparation of the above answers
to ensure accuracy, we cannot in any circumstances accept responsibility for
any errors or omissions. If you require more detailed answers or advice we
will need to be provided with more detailed information before we can provide
a definitive answer.