Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Is someone with 'worker' status entitled to claim statutory sick pay?

Is someone with 'worker' status entitled to claim statutory sick pay?

Is someone with 'worker' status entitled to claim statutory sick pay?As set out in the section: ‘SSP—definition of employee’ of Practice Note: Sick...

In a scenario where an employer has moved an employee with a high-risk pregnancy from a night shift to a day shift on medical grounds (solely relating to the pregnancy), can the employer remove her nightshift premiums from her pay?

In a scenario where an employer has moved an employee with a high-risk pregnancy from a night shift to a day shift on medical grounds (solely relating to the pregnancy), can the employer remove her nightshift premiums from her pay?

In a scenario where an employer has moved an employee with a high-risk pregnancy from a night shift to a day shift on medical grounds (solely relating...

Legal Guidance

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q& A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...
15th Aug
tag iconBrexit
Q&As

Given the new rules requiring staff in certain settings to wear face coverings, does refusal to wear a face covering when required by law or by the employer (as a result of its risk assessment) amount to misconduct? Who should provide the face covering?

Given the new rules requiring staff in certain settings to wear face coverings, does refusal to wear a face covering when required by law or by the...
15th Aug
tag iconCOVID-19
Q&As

Is it discriminatory to signpost to potential employees that the organisation does not accept candidates that require sponsorship?

For information on the requirements for sponsoring a skilled worker generally, see:•the section of Practice Note: The points-based immigration system...
12th Aug
Q&As

Can an employer have a policy that it will only sponsor a skilled worker if the role they are applying for pays a salary at a threshold that is higher than the general minimum salary threshold for skilled worker sponsorship (or the going rate for the relevant role)?

Can an employer have a policy that it will only sponsor a skilled worker if the role they are applying for pays a salary at a threshold that is higher...
12th Aug
Q&As

What issues arise when an employer ghosts a prospective employee?

This Q& A considers the issues that arise when an employer ghosts, or ceases contact with, a candidate or applicant during the recruitment process....
Produced in partnership with Elise Turner of Morton Fraser MacRoberts LLP 12th Aug
Q&As

Does an employer have a legal obligation to collect information on the race and ethnicity of new employees?

There is no legal requirement for an employer to collect information (eg by the use of monitoring forms) to find out personal information about its...
12th Aug
Q&As

Can an employer give a job to whomever they want, or do they have to go through a specific process before taking on a new employee?

The answer to this will depend on:•the extent to which the employer wishes to minimise risks (particularly of discrimination claims)•whether the...
12th Aug
Q&As

Where the employer is asked to provide a reference in respect of an employee for the purposes of the employee’s housing check or mortgage application, can the employer rely on consent as the lawful condition for processing personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR)?

Where the employer is asked to provide a reference in respect of an employee for the purposes of the employee’s housing check or mortgage application,...
12th Aug
Q&As

Where an employer requests a medical report by an external Occupational Health (OH) adviser in respect of an employee, is the employee entitled to see employer’s letter of instruction/request? Are there any exemptions that apply?

Where an employer requests a medical report by an external Occupational Health ( OH) adviser in respect of an employee, is the employee entitled to...
12th Aug
Q&As

Where an employer is consulting with an affected employee as part of a redundancy process, would it impact on the fairness of the process in relation to that employee if the employer were to continue with redundancy consultations while they were on holiday for two weeks, or must the employer suspend consultation until the employee returns to work, in order for its obligation to act reasonably in all the circumstances to be discharged?

Where an employer is consulting with an affected employee as part of a redundancy process, would it impact on the fairness of the process in relation...
12th Aug
Q&As

What potential liability does the employer have in circumstances where it cannot find a former employee’s personnel file, which was archived in a secure offsite location, and the former employee has now made a data subject access request?

What potential liability does the employer have in circumstances where it cannot find a former employee’s personnel file, which was archived in a...
12th Aug
Q&As

What happens to pension contributions when an employee is on Statutory Sick Pay?

All employees, irrespective of age, are entitled to claim a statutory sick pay ( SSP) as long as they have average earnings of at least £112 per week...
12th Aug
Q&As

What are the rights of employees dismissed just before a TUPE transfer, who otherwise would have been entitled to have their employment contracts transferred across to the transferee business?

For information on the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246 generally, see: TUPE—overview....
12th Aug
Q&As

On a relevant transfer under TUPE 2006, where the transferee proposes to dismiss transferring staff after the transfer but the collective redundancy consultation obligations do not apply, can the transferee (with the transferor’s permission) consult with potentially redundant staff before the transfer, with a view to effecting dismissals on the day of the relevant transfer (or shortly after it)?

On a relevant transfer under TUPE 2006, where the transferee proposes to dismiss transferring staff after the transfer but the collective redundancy...
12th Aug
Q&As

Is nationality and immigration status special category data when collected for the purposes of a right to work check?

Immigration status will not inherently be deemed special category data under Assimilated Regulation ( EU) 2016/679 ( UK GDPR). Under Article 9(1) of...
12th Aug
Q&As

Is it advisable for an employer to record, electronically, formal meetings it has with an employee eg relating to discipline, sickness absence and performance?

An employer may, depending on the circumstances, consider an electronic recording to be desirable, such as:•if there is a factual dispute as to the...
12th Aug
Q&As

In relation to maternity leave, what are the consequences if an employee takes more than ten keeping in touch (KIT) days?

For information on maternity leave generally, see Practice Note: Maternity leave. For information on maternity pay, see Practice Note: Maternity pay....
12th Aug
Q&As

In circumstances where one relevant transfer under TUPE 2006 (from employer A to employer B) is followed by a second relevant transfer (from employer B to employer C), does employer B’s joint and several liability under TUPE 2006, SI 2006/246, reg 15(9) (under a claim that has not yet been decided) transfer to employer C under TUPE 2006, SI 2006/246, reg 4(2)?

In circumstances where one relevant transfer under TUPE 2006 (from employer A to employer B) is followed by a second relevant transfer (from employer...
12th Aug
Q&As

If, during a trial period of an alternative role following a redundancy situation, an employee decides not to accept it, do they lose their right to redundancy pay?

A worker is entitled to a redundancy payment when:•he is an employee•he has been continuously employed for not less than two years•he has been...
12th Aug
Q&As

How are statutory redundancy and notice pay calculated for an employee with normal contractual hours of 39 per week but whose hours have been less recently due to illness?

Statutory redundancy pay A statutory redundancy payment is calculated by reference to a week’s pay, calculated in the usual way, subject to the...
12th Aug

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