Employment Law Update Archives | Page 2 of 4 | Employment Law Services (ELS) LTD

Handing notice in to a job is not always a letter of resignation

Posted on 9 October 20188 June 2023 by @deliver_els

A letter that sets out one months’ notice should not be automatically assumed as a letter of resignation, an EAT Judge has confirmed.

In the case of East Kent Hospitals University NHS Foundation Trust v Levy, Judge Jennifer Eady dismissed the appeal and confirmed the tribunals earlier decision that the employee had in fact been unfairly dismissed.

In this case, the employee was offered a new role in the radiology department, as a result of this she submitted a letter to her line manager giving “one months’ notice”.

After the claimant had become unhappy in her current position, she successfully applied for a role in the radiology department – on June 10, 2016 – subject to pre-engagement checks.

Her letter to her manager, Gorton Davey read: “Please accept one month’s notice from the above date”.
On the same day, her manager responded saying: “Thank you for your letter… in which you tendered your notice of resignation. I can confirm that your last day of work within Health Records will be 8th July 2016. I would like to take this opportunity in thanking you for your hard work, dedication and contributions to a highly successful team over the years, and I wish you every success with your future employment.”

However, on 16th June, the claimants new job offering was retracted on the grounds of her poor attendance record. Because of this, Levy attempted to withdraw her notice, but her manager refused and wrote to her to confirm the date of termination, addressed the issue of outstanding holiday entitlement and filled out an employee termination form.

Mr Gorton-Davey wrote: “It is with regret that I cannot accept your request and as a result, your last day of work with us will be on Sunday, 10 July 2016. I also need to inform you that due to the number of days annual leave taken already this financial year, the Trust will be looking to recover 88 hours pay from you”.

As a consequence of this, Levy brought a claim of unfair dismissal against her employers. In April 2017, the Employment Tribunal held in favour of the claimant and held that her employers had unfairly dismissed her.

Her employers responded arguing that the wording used by Levy in her letter of notice was unambiguous. The Employment Tribunal rejected this response and said the letter could have been either a notice of intended transfer or a notice of termination. Stating that the employees’ letter would lead a reasonable observer to agree that the claimant was not ending her employment but simply making her manager aware that she intended to accept the offer.

The Tribunal also took into consideration the conditions of the claimant’s letter in that she was unaware that her employment history had potential to affect the conditional offer and that she needed to work to support herself and her family.

East Kent Hospitals University NHS Foundation Trust appealed and failed. At the EAT, Judge Eady expressed: “…once it became apparent that the offer of a position in the Radiology Department had been withdrawn, and the claimant was seeking to withdraw her notice of departure from Records, the respondent’s position was that the claimant’s employment must come to an end.

“Given its findings of fact, however, I do not consider the [employment tribunal] erred in finding that this, in context, amounted to a dismissal and not simply the acceptance of a resignation.”

Employer considerations

It is important to note, that the events in this case are rare. However, the circumstances of this case should serve a reminder to all employers to ensure a clear understanding when an employee resigns or offers to give notice of resignation. Employers should attempt to understand why the employee is resigning, the notice they intend to serve and clarify when the employment relationship will terminate.

How can Employment Law Services (ELS) help?

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.

Employee Onboarding – 5 Best Practices to Improve Retention

Posted on 30 August 20188 June 2023 by @deliver_els

What is an onboarding process?

Onboarding is the procedure an employer should use to help a new employee acquire the knowledge and skills needed to become a successful member of the team. Onboarding should cover the following steps:

• Preparations prior to the start date;
• An introduction to tools used;
• Orientation of the office culture;
• A chance to meet the rest of the team;
• An evaluation of the full process afterwards.

Why is employee onboarding important?

SME business owners should view onboarding as an opportunity to ensure all new starts hit the ground running and grow to become loyal satisfied members of the team.

After all, you put a lot of management time and effort into finding the perfect candidate for the job. So, you should not stop there, employers should then put as much effort into ensuring that their new employee succeeds in their new position.

Communicate often and before the employment begins

Once you have selected the right candidate for the job, and before the employment commences, there are a few steps you can take to ensure the onboarding process runs smoothly and successful:

(1) Get the employees personal information; for example, the candidates name, title, national insurance number, proof of right to work in the UK etc;
(2) Notify all relevant departments; inform your HR support, payroll, IT and anyone else that may need the new employee’s personal details. Ensure that you follow up with all relevant departments and confirm they are prepared ahead of time for the new arrival.

It is advised that employers begin the welcome process before the employee arrives. The more information that your new employee has on your company and your plan for their first few weeks, the less nervous they will be on their first day. Before an employee starts, they should be aware of the following pieces of information:

(1) The companies dress code;
(2) Office hours;
(3) What time they should arrive on their first day;
(4) The schedule for their first week.

Introduce them to the team

Generally, the first day of employment will be filled with training and paperwork. If this is the case, you are missing the chance to really welcome someone to your team. Employers should:

(1) Give the new employee a proper tour of the office;
(2) Introduce the new employee to their colleagues (remember it is not easy being the new kid at school);
(3) Ensure their workspace is stocked, organised and ready for use.

Once the employment has started – set achievable goals

Give your new employee direction and realistic goals right from the offset. By setting easy-to-reach goals, your new employee will find instant success and feel motivated about their decision to join your business.

Explain the companies long term goals

You should explain to the new employee your future goals and vision for the company and let them know where they fit in that picture. Making your employee aware of their role in the company’s long-term goals will provide them with job security and an understanding of the mission that you and your team are working to achieve.

Arrange one-to-one time each week

At Employment Law Services (ELS), we recommend that employers put aside 10-15 minutes each week for the first 2-3 months of a new employee’s employment. This will keep you informed of any potential challenges they may be facing and provide you both with some time to stay connected and engaged and provide each other with feedback.

Employer considerations

Implementing a thorough and consisted onboarding plan takes time and effort. There are a few critical errors that employers should recognise and attempt to avoid ensuring a new employees induction period runs smoothly.

(1) Avoid overloading a new employee with too much information too soon; the first few weeks in a new job can be daunting for any employee. Therefore, you do not want to give them excessive amounts of work before they are ready.
(2) Don’t assume new employees will understand everything right away; it is important that employers remember that even new employees with lots of industry experience should be given the opportunity to properly digest any additional information they are given.
(3) Don’t forget to evaluate the full process; measuring the outcome of your onboarding process should be the key to improving it. Assess your metrics and take note of any improvements you find in employee performance, increased retention and time to proficiency. Once you have the answers to this, you should consider how to improve the value of a better onboarded employee.

How can Employment Law Services (ELS) help?

It’s all very well having an employee who is qualified and experienced for the job, but if you want to get the most out of that employee an efficient onboarding process is key. If you are an employer who has any issues or concerns about the topics raised in this blog, give us a call today for your free consultation: 0370 218 5662.

Know when to outsource a HR function

Posted on 14 August 20189 June 2023 by @deliver_els

As a small business owner, how many times have you gone into the office early to find mountains of paperwork that you just never seem to get through?

Most employers will understand the frustration of spending more time than necessary on non-revenue generating activities. Therefore, outsourcing a HR function can make the business more profitable and productive.

What size is the business?
Generally, employers with fewer than 80 employees tend not to have an in-house HR function. Instead, managers deal with any HR or employment issues that arise. However, with the business growing each day, staying compliant becomes a growing concern.

What services do SME’s require?
The nature of the work carried out by an employment law and HR specialist varies and is usually determined on the nature of the organisation and the roles carried out by its employees.

With regard to Employment Law Services (ELS), we work with employers who have no HR function to ensure their business consistently meets all of its legal requirements in terms of HR policies and employment contracts. As well as this, the team are qualified to advise and support business owners and managers who are faced with discrimination claims, redundancy issues, settlement agreements and dismissals.

How much does it cost to outsource?
At Employment Law Services (ELS) we keep our price structure simple. Our clients benefit from a cost-effective solution that saves them extensive amounts of time. Which in turn allows them to focus on the core business activities.

(1) Ad hoc Service

The team at Employment Law Services (ELS) provide UK employers of all sizes with employment law advice, support and representation on an ad hoc basis. Ad hoc work was initially established to help smaller start-up companies draft employment contracts and policies, ensuring new employers are complying with complex employment legislation whilst protecting their business.

(2) Annual Retainer Service

Our fixed-fee annual employment law and HR retainer service is provided by our specialist team of fully qualified employment law practitioners who understand how to balance compliance with UK employment legislation with the practicalities of successful people management in an operational environment where organisational objectives need to be met.
This helps employers manage their employees across all aspects of their employment from offer letters and contracts of employment, to managing absence, poor performance, disciplinaries, grievances and terminations.

Benefits of HR outsourcing

Reduced cost
Increased efficiency
Access to improved HR IT systems
Improved management information (including human capital metrics)
Access to HR expertise not available internally
Increased flexibility and speed of response
Reduced risk

Employer considerations

Employers should consider the following factors when deciding to outsource:

Are you spending too much time on activities that do not generate profits or competitive success?
Are you carrying out jobs that waste valuable time and energy?
Do you have temporary tasks that arise, yet recur in cycles?
Do you require skills that are so specialised, but it would be impractical for you or management to do it?

If you are a business owner who employs people and you are not sure what to do next, contact us today for your free consultation. 0370 218 5662.

Can menopausal symptoms amount to a disability?

Posted on 28 June 20187 June 2023 by @deliver_els

Under the Equality Act 2010, a person is viewed as disabled if they suffer from a physical or mental impairment that has a substantial ‘long term’ negative effect on their ability to carry out day to day activities.

A woman going through menopause is likely to suffer from symptoms such as depression, mood swings and sleep disturbances.

The level of symptoms differ, and in some cases some women will suffer more extreme symptoms. But do these amount to a disability? This was reviewed in the Employment Tribunal (ET) case of Davies v Scottish Courts & Tribunal Service.

In this case, the claimant worked as Court officer for over 20 years. She began to suffer substantial symptoms related to menopause, which included stress, anxiety, heart palpitations, memory loss and pins and needles in her hands and feet. As well as this, she experienced tiredness, light-headiness and was at risk of fainting. Despite this, she kept on working and was put on medication for a bout of cystitis.

Ms Davies stored the medication – which came in granules – that were to be dissolved in liquid – in a pencil case on her desk, adding her medication to her water jug throughout the day.

However, one day Ms Davies returned from an adjournment and discovered two men drinking water from her jug. She voiced her concerns to them; that they had been drinking her medication when an argument broke out with one of the men launching into a rant.

As part of the disciplinary process, an Occupational Health Report was obtained. Details within this report concluded that not only did Ms Davies’ condition lead to heavy bleeding, but she suffered from amnesia too and as a result was easily confused and forgetful. Her employers disregarded this report and argued that she had knowingly misled the men about her mediation in the water – and she was dismissed.

Employment Tribunal considerations

The ET established that the report and the employer’s knowledge on how extreme her symptoms were, clearly met the definition of disability. This was supported because her symptoms were a physical impairment which had a long-term adverse effect on her ability to carry out normal day to day activities. Her employment was reinstated, and her employers were forced to pay over £19,000 in damages.

Employer considerations

The decision in this case highlights the importance of employers making an effort to understand the extent in which any condition affects an employee’s ability to carry out day to day activities. While most women will only suffer from minor symptoms, it is important that employers recognise some will suffer more severely. All employers should be aware of the possibility of discrimination complaints being brought against them and ensure they take necessary action to make reasonable adjustments in the workplace.

How can Employment Law Services (ELS) help?

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.

Top tips to help employers stay on the ball throughout the World Cup

Posted on 19 June 201812 June 2023 by @deliver_els

World Cup fever is well and truly underway, this blog focuses on how to manage your football fanatic employees and embrace the competition in the workplace.

From football crazy fans, to those that just enjoy the occasional game, times like these will see most employers having to deal with a larger number of annual leave requests, sick days and moans about not having time to watch some of the matches.

Acas’ full guidance for the World Cup 2018 include top tips such as:

Sporting and events policies

These can be used for all sporting events and not just the World Cup. This policy should be made up of provisions that cover HR and health and safety issues; outlining any exceptions you would be willing to make during a major event.

Time off

All annual leave requests should be considered fairly. As football is not everyone’s thing, a consistent approach should be applied throughout.

The right to refuse

Employers should note that they are well within their rights to refuse annual leave if they receive too many requests, or if it is clear that the business will suffer with too many employees off at the same time.

Absence levels

Employers should be aware of high levels of absence and late attendance throughout the World Cup. In this instance, monitoring absences in line with the companies’ absence policy is recommended.

Social media policy

It is likely that there will be an increase in the use of social media such as, Facebook, Instagram, Twitter etc throughout the World Cup. Employers should remind all employees of the company’s social media policy during working hours. This policy should be clear on what will be viewed as acceptable and unacceptable internet use.

Alcohol policy

Showing up to work under the influence may be viewed as a matter of disciplinary. Employers should have drug and alcohol policies in place to ensure that problems are dealt with effectively and consistently. All employees should be reminded of this policy.

Employee behaviour

Employees may get fairly competitive and carried away with rivalries during the World Cup. It is important that employees are aware that verbal abuse will not be tolerated in the work place. Verbal abuse includes threatening, shouting, swearing, insulting or mocking an individual.

Employers are responsible for preventing bullying and harassment and will be liable for any harassment suffered by their employees. Having an anti-bullying and harassment policy in place can help prevent these problems.

Most importantly, have fun!

Employers should treat the World Cup as an opportunity. Any international sporting event is a great way to bring your team together and create a fun working environment. Employers may wish to relax some of the rules (for example, allowing employees to wear football shirts or organise a sweepstake) gestures like these will not go unnoticed and can really boost employee morale in the workplace.

How can Employment Law Services (ELS) help?

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.

Employment Status: Supreme Court dismisses Pimlico Plumbers’ appeal

Posted on 14 June 20188 June 2023 by @deliver_els

Yesterday, the Supreme Court handed down its eagerly sought verdict on the employment status of plumber, Gary Smith.

In the unanimous vote, the Supreme Court dismissed Pimlico Plumbers’ appeal and upheld earlier rulings that Mr Smith was in fact a worker and not a self-employed contractor.

In this case, the Supreme Court had to conclude:

Whether Mr Smith was obliged to personally carry out his work duties; and
Whether Pimlico Plumbers could be viewed as a client or customer of Mr Smith

The main feature of Mr Smith’s contract was that he had the obligation to carry out the work himself and did not have the right to pass the work on to someone else. However, he did have the right to pass on the work to another Pimlico Plumber, this was a qualified right which was not set out in the written contract.

Mr Smith was able to decline work and take some financial impact, but this did not outweigh the factors that pointed against Pimlico Plumbers being a client. Further, Pimlico Plumbers were in control of Mr Smith’s work uniform, his administrative duties and his wages. This relationship was a fundamental indictor when determining whether Pimlico Plumbers were a client of Mr Smith.

Taking all of the above into consideration, the Supreme Court held that the original tribunal had been right to conclude that Mr Smith was a worker and not self-employed.

What does this mean for employers?

The Supreme Court’s decision does not set any new legal grounds or redefine any of the legal tests that should be used when verifying an individual’s employment status.

However, it is important that employers are aware of what defines the employment relationship as it not only sets out their responsibilities, but individuals rights too. It also affects how they pay tax and national insurance and some entitlements.

A person will be classed as a worker if:

They have a contract or other arrangement to do work or services personally for a reward (your contract doesn’t have to be written)
Their reward is for money or a benefit in kind, for example the promise of a contract or future work
They only have a limited right to send someone else to do the work (subcontract)
They have to turn up for work even if they don’t want to
Their employer has to have work for them to do as long as the contract or arrangement lasts
They aren’t doing the work as part of their own limited company in an arrangement where the ‘employer’ is actually a customer or client

A person will be classed as an employee if:

They’re required to work regularly unless they’re on leave, for example holiday, sick leave or maternity leave
They’re required to do a minimum number of hours and expect to be paid for time worked
A manager or supervisor is responsible for their workload, saying when a piece of work should be finished and how it should be done
They can’t send someone else to do their work
The business deducts tax and National Insurance contributions from their wages
They get paid holiday
They’re entitled to contractual or statutory sick pay, and maternity or paternity pay
They can join the business’s pension scheme
The business’s disciplinary and grievance procedures apply to them
They work at the business’s premises or at an address specified by the business
Their contract sets out redundancy procedures
The business provides the materials, tools and equipment for their work
They only work for the business or if they do have another job, it’s completely different from their work for the business
Their contract, statement of terms and conditions or offer letter (which can be described as an ’employment contract’) uses terms like ‘employer’ and ‘employee’

A person will be classed as self-employed if:

They’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit
They can decide what work they do and when, where or how to do it
They can hire someone else to do the work
They’re responsible for fixing any unsatisfactory work in their own time
Their employer agrees a fixed price for their work – it doesn’t depend on how long the job takes to finish
They use their own money to buy business assets, cover running costs, and provide tools and equipment for their work
They can work for more than one client

How can Employment Law Services (ELS) help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Government Equalities Office has published new guidance on dress codes & sex discrimination

Posted on 25 May 20188 June 2023 by @deliver_els

Setting a workplace dress code – your responsibilities as an employer

Dress codes are seen as a legitimate part of an employer’s terms and conditions. There are many different reasons why employees may be asked to wear a uniform. For example, an employee may be asked to wear a uniform to communicate a corporate image and ensure that its customers/clients can easily recognise them. However, it is important that this dress code does not discriminate, for example, allowing both men and women to wear trousers in the workplace.

Government guidelines state employers should avoid gender prescriptive requirements. For example, any requirement to wear make-up, have manicured nails, wear hair in certain styles or to wear specific types of hosiery and skirts will be viewed as unlawful, assuming there is no equivalent requirement for men. These guidelines state further: “A dress code that requires all employees to dress smartly would be lawful, provided the definition of smart is reasonable.”

Health & Safety

When setting a dress code, employers should consider any health and safety implications. For example, if your employees are required to wear particular shoes (as part of a dress code rather than for PPE purposes).

Reasonable adjustments for disabled employees

Where an individual meets the definition of a disabled person under the Equality Act 2010, employers will be required to make reasonable adjustments to any elements of the job which may place a disabled employee at a disadvantage in comparison to a non-disabled person.

Transgender employees

Transgender people are those who have gender identity or gender expression that differs from their assigned sex. Many of whom will undergo the process of aligning their life and physical identity to match their gender identity – this is called transitioning.

Government guidelines state: “Transgender employees should be allowed to follow the organisations dress code in a way which they feel matches their gender identity. If there is a staff uniform, they should be supplied with an option which suits them.”

Dress codes and religion

An employer’s uniform requirements must not be discriminatory in respect of the protected characteristics governed under the Equality Act 2010 – religion being one of these characteristics.

Guidelines provide that employers should be flexible and not set dress codes which prohibit religious symbols that do not interfere with an employee’s work.

Frequently asked questions by employers

“Is it lawful for an employer to set dress codes for men and women?”

Employers can regulate what their employees wear to work to a certain extent. However, men and women should be treated equally. For example, if you require male employees to wear a shirt and tie, then it would not be unlawful to ask female employees to dress in smart office attire.

“Is it lawful to ask a female employee to wear high heels to work?”

It is likely to be viewed as unlawful asking a female to wear heels to work, due to the discomfort and health complications that come with high heels, there is also no male equivalent.

Mental Health Awareness Week 2018

Posted on 14 May 20189 June 2023 by @deliver_els

Mental health awareness week (14^th-20^th May 2018) focuses on stress and how we cope with it.

This blog will look at helping employers and employees create a mentally healthy working environment where everyone feels valued and supported.

What is mental health?

Mental health includes a person’s emotional, physiological and social well-being. It affects how we think, feel and act. It also determines how we handle stress, related to others and make choices.

Why is recognising and addressing mental health so important?

Employees who feel good about themselves tend to work more productively, interact better with others and bring value to the workplace.

A survey, commissioned by the Mental Health Foundation and Mental Health First Aid England found that a quarter of millennials said they put their health at risk to do their job, compared with 18% of baby boomers – those aged between 53 and 71.

A study conducted by the Chartered Institute of Personnel and Development (CIPD) highlights the impact mental health has on the workplace. The main findings of this study were:

57% find it harder to juggle multiple tasks
80% find it difficult to concentrate
62% take longer to do tasks
50% are potentially less patient with customers/clients

Here are a few simple steps you can take to ensure your workplace is mentally healthier:

(1) Recognise that all employees have mental health

It is important that employers are aware that all employees have mental health, in the same way an individual has their physical health. Both can deteriorate from good to bad, depending on circumstances that may be going on in and out of the working environment.

(2) Keep in contact with employees who are off with a mental health issue

You should find the right balance when keeping in touch with an employee who is off sick, employers should be aware that the longer an employee is off with a mental health issue, the less likely they are to return to work. This is because they will begin to lose confidence and feel kept in the dark from the business. Therefore, whilst an employee is off on long-term sick leave, employers and managers should:

Be clear the business will support the employee during this period and their job will still be there when they return
Keep employees in the loop about important developments at work
Have an open door policy so the employee can approach you at any time with concerns they may have

(3) Culture

Employers should develop a mental health policy, by doing this employee’s will be reassured that the business cares for their wellbeing. Having these policies in place will create an overall awareness in the workplace and encourage individuals to talk about mental health.

(4) Communication

Employers should use staff newsletters, posters and other internal communications to promote mental health awareness. As well as this, introducing discussions into staff meetings can be used as an opportunity to check in with how employees are feeling.

(5) Ensure all managers are properly trained

By training up managers, employees will be reassured that their management team is educated in mental health matters, meaning they will feel more inclined to come forward and discuss any problems they may be having in and out of the working environment.

(6) Zero tolerance to bullying policies

All employers should ensure there is a zero-tolerance approach taken to bullying in the workplace. It should be communicated in these policies that those found guilty of such conduct will be subject to disciplinary action.

Employment Law Support for Employers

If you are an employer and require employment law advice on workplace policies or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

The Supreme Court hands down its long-awaited decision in the appeal of Newcastle upon Tyne Hospitals NHS v Haywood

Posted on 1 May 201812 June 2023 by @deliver_els

This complaint was brought by Haywood who was dismissed after being made redundant by her employers, Newcastle upon Tyne Hospitals NHS Foundation Trust. In this case the claimant had worked for the NHS for over 30 years as an associate director of business development.

The provisions of her employment contract ensured that she was entitled to a minimum 12-week notice period but was silent on how the notice should be communicated.

On the 13^th April, Haywood received the news that her role was at risk of redundancy following the merger of the two NHS bodies. She accepted this, however, requested that the final decision should not be made in her absence – informing her employers she was on annual leave from the 19^th April 2011 – these holidays had already been approved by her employers.

On the 20^th April, the Trust sent a letter to Haywood that provided her with a written notice of termination – with the knowledge that she was away on holiday at the time.

However, they mistakenly said that they had given her written notice that was dated the 21^st April, which appeared to be misdated; the letter was sent on the 20^th April to her home address by recorded delivery and by normal post. A copy of this letter was also sent to her husband’s email address.

This meant that should the claimants employment be terminated before her 50^th birthday, she would receive a reduced pension.

Because Haywood had told her employers she would be on holiday and would not be back until 26^th April, there was no one at home when the recorded delivery letter arrived.

It wasn’t until the 26^th April that her father in-law went and collected the letter from the local sorting office. Haywood then returned home from her holiday on the 27^th April, it was this date that the letter was read.

Her employers claimed that the notice was communicated effectively on the 20^th April, which meant her 12-week notice period lapsed before her 50^th birthday, which fell on the 20^th July.

The claimant argued that the notice of termination was not communicated until she actually read the letter on the 27^th April. Thus, her termination date would be after her 50^th birthday.

Both the High Court and the Court of Appeal upheld this case, agreeing that the claimants notice period commenced on the 27^th April, with the Court of Appeal expressing that the effective date is when the individual reads the termination letter.

A statement from the Supreme Court read: “On the unusual facts of this case, the date on which the 12-week notice period started to run was highly material. If it commenced on the 27^th April, it expired on the 20^th July 2011 – the date of Mrs Haywood’s 50^th birthday – and Mrs Haywood would be entitled to claim a non- actuarially reduced early retirement pension.”

Due to the absence of an expressed contractual provision, the courts had to determine the implied contractual term to work out when the notice to effect. Haywood’s employers argued that a common law rule, that originated from landlord and tenant cases, maintained that notice was given when the letter was delivered to the claimant’s address.

Haywood was then dependent on the approach taken by the Employment Appeal Tribunal (EAT) in previous employment cases; that notice takes effect when it has been received and read by the employee. The Supreme Court majority supported this approach and agreed that the EAT was correct.

Employer considerations

The decision made in this case is important for both employers and employees, as the date in which the employment relationship is terminated can play a crucial factor when determining an employee’s entitlement to a bonus or contractual payment, insurance, employee benefits, the right to claim unfair dismissal, redundancy pay and pension rights.

How can Employment Law Services (ELS) help?

For employers that already have contracts of employment in place, we can review all existing documents and update them as required; for employers that have nothing in place, we can produce effective contracts of employment for all employees from scratch.

Therefore, If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Supporting employees during Ramadan 2018

Posted on 26 April 201812 June 2023 by @deliver_els

This year Ramadan begins on the 16^th May and will last for 30 days, until the 14^th June. Ramadan is the 9^thmonth of the Islamic calendar and is observed by Muslims worldwide as a month of fasting to commemorate the first revelation of the Quran.

Throughout this period, Muslims will fast and engage in extra prayers and worship. Therefore, it is extremely important employers are aware of their obligations towards their Muslim employees.

What does the law say?

In the Equality Act 2010, religion or belief can mean any religion. For example, an organised religion like Christianity, Judaism, Islam or Buddhism, or, a smaller religion like Rastafarianism or Paganism. Legislation also covers those with no beliefs or lack of beliefs.

Therefore, it will be viewed as unlawful should you treat an employee less favourably because of their religion or beliefs.

Have workplace policies on religious observance

Employers should have workplace policies regarding religious observance during working hours. This will ensure the workplace is consistent and managers are aware of what they can do to support employees. Lack of policies or failing to support your employees will expose the business to complaints of religious discrimination.

Employers and managers should be considerate and understanding

Throughout Ramadan, managers should be mindful of Muslim colleagues and offer support to help manage their workload. Employers may find that the productivity levels of employees who are fasting are affected, thus, employees should not be unduly penalised or criticised in the even that they lose productivity during fasting hours.

Flexible working

Where possible, employers may wish to consider implementing flexible working arrangements during Ramadan, all of which should be clearly set out in the workplace religious observance policy. In this instance, employees may prefer to start working earlier and work right through lunch in order to finish early. Employers will find that productivity is less likely to be affected when employees are granted the right to work flexibly during Ramadan.

Be corporative with holiday requests

With Ramadan ending in the middle of June this year, Muslim employees may wish to take annual leave to allow them to celebrate Eid with friends and family. There is no automatic legal requirement to time off, however, employers and managers should try their best to accommodate any requests during this time period.

Should an employer decide to refuse an employee time off following Ramadan, there should be a clear and fair reason provided as to why their annual leave request cannot be accommodated at that time.

How can Employment Law Services (ELS) Help?