Tag Archive for employment law

Hot Business News Today

Do I have to pay staff who are self-isolating?

by Calum Covell • July 21, 2021 • 0 Comments

By Calum Covell on Small Business – Advice and Ideas for UK Small Businesses and SMEs

With the lifting of lockdown restrictions from July 19, there is likely to be an increase in Covid-19 positive test results, increasing the number of staff who are self-isolating.

Between July 19 2021 and August 16 2021, it is a legal requirement to have your staff self-isolating if they test positive for Covid-19 or have been notified by Track and Trace to self-isolate.

This all means that employers are likely to encounter self-isolation of employees, if they have not already, so being aware of the options for you and your employees will help.

It will depend on the circumstances as to why staff are self-isolating as to whether you must pay them, the amount you will have to pay them and what you are able to claim back.

>See also: Small business owners face increased national insurance contributions

Can an employee work from home if they have tested positive for Covid-19 or have been told to self-isolate?

Yes. If an employee is well enough to work from home and can perform their role at home, there is no reason why they cannot do this and be paid as usual for their

Hot Business News Today

Do I have to pay staff who are self-isolating?

by Calum Covell • July 20, 2021 • 0 Comments

By Calum Covell on Small Business – Advice and Ideas for UK Small Businesses and SMEs

With the lifting of lockdown restrictions from July 19, there is likely to be an increase in Covid-19 positive test results, increasing the number of staff who are self-isolating.

Between July 19 2021 and August 16 2021, it is a legal requirement to have your staff self-isolating if they test positive for Covid-19 or have been notified by Track and Trace to self-isolate.

This all means that employers are likely to encounter self-isolation of employees, if they have not already, so being aware of the options for you and your employees will help.

It will depend on the circumstances as to why staff are self-isolating as to whether you must pay them, the amount you will have to pay them and what you are able to claim back.

>See also: Small business owners face increased national insurance contributions

Can an employee work from home if they have tested positive for Covid-19 or have been told to self-isolate?

Yes. If an employee is well enough to work from home and can perform their role at home, there is no reason why they cannot do this and be paid as usual for their

Hot Business News Today

Government flags employment law change to cheerlead ‘wave of startups’

by Timothy Adler • December 7, 2020 • 0 Comments

Originally written by Timothy Adler on Small Business
The government is pushing to change employment law to encourage a “wave of startups” across Britain.
The business department today launched two consultations: one looking to reform the use of non-compete clauses, which prevent individuals from starting up a competing business after they leave a position; the other enabling low-paid workers to work elsewhere rather than being tied to just one employer.
The Department for Business, Energy and Industrial Strategy (Beis) said the reform of the use of non-compete clauses would ensure talented individuals would unleash “a wave of new start-ups across the country”.
>See also: 8 legal considerations for setting up a business during the pandemic
If an employer does want to tie an individual into a non-compete clause, restricting them from starting a business within their expert field, then they would have to compensate them financially.
The government is also seeking views on whether it is necessary to go further and ban non-compete clauses altogether.
The move to liberate staff from non-compete clauses in employment law is squarely aimed at workers in technology and legal sectors who want to launch their own startups.
Other countries have also restricted exclusivity clauses in order to stimulate innovation, including Germany and

Hot Business News Today

Government flags employment law change to cheerlead ‘wave of startups’

by Timothy Adler • December 4, 2020 • 0 Comments

Originally written by Timothy Adler on Small Business
The government is pushing to change employment law to encourage a “wave of startups” across Britain.
The business department today launched two consultations: one looking to reform the use of non-compete clauses, which prevent individuals from starting up a competing business after they leave a position; the other enabling low-paid workers to work elsewhere rather than being tied to just one employer.
The Department for Business, Energy and Industrial Strategy (Beis) said the reform of the use of non-compete clauses would ensure talented individuals would unleash “a wave of new start-ups across the country”.
>See also: 8 legal considerations for setting up a business during the pandemic
If an employer does want to tie an individual into a non-compete clause, restricting them from starting a business within their expert field, then they would have to compensate them financially.
The government is also seeking views on whether it is necessary to go further and ban non-compete clauses altogether.
The move to liberate staff from non-compete clauses in employment law is squarely aimed at workers in technology and legal sectors who want to launch their own startups.
Other countries have also restricted exclusivity clauses in order to stimulate innovation, including Germany and

Hot Business News Today

What should you include in an employment contract?

by Alex Bearman • September 15, 2020 • 0 Comments

Originally written by Alex Bearman on Small Business
A written employment contract is not necessary to establish an employment relationship in law. However, there are many good reasons why employers will want to have in place well-drafted terms of employment.
Fundamentally, like all written agreements, employment contracts help to provide the parties with certainty. Staff are more likely to feel that they are part of a well-run business if the terms of their employment are set out in a sensibly drafted contract. The sense of security which this provides should not be underestimated.
Here are some of the tangible benefits for businesses of investing in the preparation of a written employment contract.
>See also: How to deal with a furloughed employee who refuses to return to work
The legal obligation
Subject to some very limited exceptions, all employers are required to provide their employees with a written statement of employment particulars setting out certain key terms including:

the names of parties
the date of commencement of the employee’s employment
the rate of pay
terms relating to hours of work
the place of work
terms relating to holiday entitlement
the length of notice required by either party to terminate the contract

Where an employer fails to provide the employee with written particulars, a complaint can

Hot Business News Today

What should you include in an employment contract?

by Alex Bearman • September 12, 2020 • 0 Comments

Originally written by Alex Bearman on Small Business
A written employment contract is not necessary to establish an employment relationship in law. However, there are many good reasons why employers will want to have in place well-drafted terms of employment.
Fundamentally, like all written agreements, employment contracts help to provide the parties with certainty. Staff are more likely to feel that they are part of a well-run business if the terms of their employment are set out in a sensibly drafted contract. The sense of security which this provides should not be underestimated.
Here are some of the tangible benefits for businesses of investing in the preparation of a written employment contract.
>See also: How to deal with a furloughed employee who refuses to return to work
The legal obligation
Subject to some very limited exceptions, all employers are required to provide their employees with a written statement of employment particulars setting out certain key terms including:

the names of parties
the date of commencement of the employee’s employment
the rate of pay
terms relating to hours of work
the place of work
terms relating to holiday entitlement
the length of notice required by either party to terminate the contract

Where an employer fails to provide the employee with written particulars, a complaint can

Hot Business News Today

How to deal with a furloughed employee who refuses to return to work

by Molly Dilling • June 16, 2020 • 0 Comments

Originally written by Molly Dilling on Small Business
Across the country tens of thousands of employees are being asked to return to work. But many employers are faced with a furloughed employee who refuses. The most obvious parallel is in schools, where unions, local councils, parents and teachers fundamentally disagree on how and when to reopen.
Similar stories are emerging about employers and staff, in sectors large and small, across the country. What rights do employers have in such cases, and how do you protect yourself against a detriment/dismissal claim?
Can a furloughed employee refuse to return to work?
The issue many employers are grappling with is whether a furloughed employee who refuses to return to work because of a stated fear of catching coronavirus can be dismissed.
Under the standard employment contract, the furloughed employee is obliged to follow reasonable instructions. One of those instructions contained in the employment contract will be that employees are to attend work within the hours set out.
The key issue in employment law is what is reasonable, and this depends on the precise facts of the case. As a result of the possible ambiguity an employer should carefully consider potential consequences before taking any disciplinary action for failure to

Hot Business News Today

How do I make someone redundant? – small business redundancy guide

by Mike Tremeer • April 1, 2020 • 0 Comments

Originally written by Mike Tremeer on Small Business
The Covid-19 pandemic is having far-reaching consequences for businesses across the globe. Many have found that demand for their goods and services has fallen away drastically while others are prevented from operating due to government lockdowns. Other employers have been forced to consider redundancies in order to cut staff costs, but any small business based in the UK should give thought to other measures available before proceeding with redundancy as a last resort.
Coronavirus Job Retention Scheme
The newly announced Coronavirus Job Retention Scheme provides vital and unprecedented support to business to help pay their staff wages during the current crisis. The scheme offers employers reimbursements of up to 80 per cent of “furloughed workers” wage costs capped at £2,500 per month, in addition to other costs to employers. Furloughed workers are those who have no work to do, and they must not carry out any work while they are furloughed.
One of the key elements of the scheme is that it applies to those who would otherwise have been “laid-off”. For most employers the alternative to placing an employee on the furlough scheme would be to make their role redundant, and indeed the guidance from

Hot Business News Today

Short-time working and lay-offs – what’s the difference?

by James Simpson • March 30, 2020 • 0 Comments

Originally written by James Simpson on Small Business
As Covid-19 continues to spread across the UK, many firms have seen an extreme reduction in business. Social distancing measures introduced by the government may cause a decline in sales, as well as employees choosing to self-isolate, therefore slowing production.
To try and soften the impact, businesses are having to make the decision to let employees work from home or requiring them to take annual leave.
Badly affected businesses, however, may need to take further steps, such as reducing work hours or staff numbers.
To ensure your business stays compliant, here are some steps you need to make:
Look at your options
When deciding between short-time working and lay-offs, it’s crucial that you understand the difference between both, and what they could mean for your business and staff. “Short-time working” is when employees are provided with less work and less pay for a short period. “Lay-offs” are when employees are not provided with any work or pay for a short period, but are kept on as employees.
These are both temporary cost-cutting measures you may use when there is not enough work to go around. Short-time working and lay-offs can help you avoid dismissals or permanent redundancies, while reducing

Hot Business News Today

7 ways to cut staff costs during the coronavirus crisis

by Peter Finding • March 27, 2020 • 0 Comments

Originally written by Peter Finding on Small Business
Cashflow is a major concern for small businesses during the coronavirus crisis. The vast majority are looking to cut staff costs in order to survive the coronavirus pandemic, and indeed prosper once normality is restored.
But what if you have a talented workforce who you don’t want to lose? We all know how hard it has been to recruit over the last couple of years, especially in tech and for highly skilled positions.
How can businesses cut staff costs during the coronavirus crisis?
>See also: How to get the government’s £10,000 cash grant for small businesses
#1 – Furlough leave
Furlough leave is a new concept in the UK – it’s indefinite leave during which the government covers wage costs. Businesses can recover 80 per cent of wage costs, up to a maximum of £2,500 per month per employee.
It will cover employees who might otherwise have been made redundant, laid off or put on unpaid leave. There is no limit on the number of employees who can be furloughed. The scheme is initially in place until June 2020, although it is expected this will be extended.
While some employers will top up the grant, so employees receive full pay,

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