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Employment Law FAQs

How Do Employers Juggle Working Parents?

As the school holidays approach, working parents cross their fingers that their childcare plans hold. In this article I look at what employers need to consider when it comes to flexibility for working parents.

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What are the statutory rates and compensation limits for 2019?

National Minimum Wage (NMW)
1 April 2019 – 31 March 2020

 Former Rate (£)Current Rate (£)
National Living Wage – Workers aged 25 and over7.838.21
Workers aged 21 -247.387.70
Workers aged between 18 – 205.906.15
Workers aged under 18 but above compulsory school age who are not apprentices4.204.35
Apprentices under 19 years old or over 19 and in their first year of their apprentices3.503.90
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How can we handle an employee who is underperforming?

Allow the employee every opportunity to explain their underperformance. Establish whether there are any underlying reasons for the poor performance, such as disability, health, or personal problems outside of work. If necessary, provide the employee with additional support, supervision and training.

Let the employee know exactly what they need to do to improve their performance. Put targets in writing and include a timescale of how long they have to improve. Ensure that you continue to monitor their performance and meet with the employee frequently and note their progress.

When performance problems persist or escalate these should then be dealt with on a formal basis. Ensure you follow a fair procedure, as defined in your company capability procedure.

It may be reasonable to dismiss an employee who is not meeting your required standards as long as you have followed a fair and legal procedure.

Remember, an employee with more than two years’ service who is dismissed on grounds of incapability may bring an unfair dismissal claim.

Solution

If you would like to develop a capability policy, or have an employee who is underperforming, call us for a free initial consultation for specific guidance tailored to your individual case. 

Can I dismiss an employee for making inappropriate comments on social media?

If you do not have a clear social media policy in place, you need to remember that an employee cannot be dismissed or even disciplined regarding their social media activities. If you end up at a tribunal, they would find the employees dismissal to be unfair.

The reason for this is an employee can only be dismissed or disciplined for misconduct if they knew that the particular action or behaviour would be unacceptable to the practice. If they didn’t, they cannot be accused of any wrongdoing.

You should be clear throughout a social media policy about the distinction between business and private use of social media. Remember your employees are representing you at all times even outside of normal working hours, and what is written on a social networking site can reflect on you.

Solution

We can assist you in the drafting and implementation of bespoke social media policies, tailored to suit your company. We can also provide advice and support when dealing with misconduct issues arising employees’ use of social media, whether within the workplace or outside working hours.  

Holiday Entitlement FAQs

As a niche employment law firm, here at SCE Solicitors we speak to new enquiries daily.  The topics vary from unfair dismissal, discrimination and unpaid wages to name only a few.  Holiday entitlement, holiday rights, annual leave, however you choose to label it, is something we are often asked about so as the school holidays approach an end, here are some frequently asked questions, and answers, about this hot topic.

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