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refusing to work notice

Is your employee refusing to work their Notice Period?

28th Sep 2016
Employee Engagement, Employment Law, Human ResourcesPayroll

An employee with a one-month notice period in his employment contract has just tendered his resignation. He’s also stated that he won’t be coming into work again. Where do you stand legally? Technically speaking, where an employee refuses to work some or all of their notice period, it amounts to a breach of contract on his part. Although you can point this out, the employee can’t be forced to turn...

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calculate working time

How to calculate working time

28th Sep 2016
Absence Management, Employee Benefits, Employment Law, Human ResourcesPayroll

Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as: any period during which the worker is working, at his or her employer's disposal and carrying out his or her activity or duties; any period during which he or she is receiving relevant training; and any additional period designated as working time under a relevant agreement. The Government provides guidance1 on what this includes. What counts as work...

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Zero Hours Contracts

No more exclusivity allowed in zero hour contracts

17th Aug 2016
Employment Law, Human Resources, PayrollRecruitment

The Government has now brought into force legislation which prohibits the use of exclusivity clauses in zero-hours contracts. Such clauses are deemed to be unfair as they prevent an individual who has no regular or guaranteed income (due to the nature of a zero-hours contract) accepting work from another employer. Therefore, such exclusivity clauses should no longer be used. That said, you can still have an express term in a...

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Human Trafficking Statement

What you need to know about Human Trafficking Statements

3rd Aug 2016
Employment Law, Human ResourcesPayroll

The Modern Slavery Act 2015 s.54 requires certain commercial organisations to publish an Annual Slavery and Human Trafficking Statement. Application The organisations this applies to are those: with a total annual turnover threshold of £36 million or more, which are carrying on business, or part of a business, in the UK which supply goods or services. Turnover is determined on a global scale and it includes subsidiaries. Both UK and...

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manage the impact of travel disruptions on your business

How to manage the impact of travel disruptions on your business

6th Jun 2016
Absence Management, Employment Law, Human ResourcesPayroll

Regardless of geographical location travel disruption can affect employees’ ability to either get to work on time or indeed to get there at all. Public transport may be disrupted due to strikes, extreme weather, a major incident or technical failure, and even when using your own transport, issues can occur. Main issues to manage Make a Plan Have a severe disruption policy in place that deals with the steps employees...

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birthdays and national minimum wage pay increases

Employee birthdays and national minimum wage pay increases

27th Apr 2016
Employee Benefits, Employment Law, Human ResourcesPayroll

Happy Birthday? Have a pay increase! The National Minimum Wage (NMW) is paid according to an employee's age, with the rates reviewed each year and increase normally in line with inflation.  If you have employees between the age of 18 – 25 years, a birthday may mean a pay rise. [table id=1 /] To help you manage this, our tips are: Make sure that you write to the employee informing...

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risk breaching holiday

Employers risk breach of holiday rights with contract wording

11th Apr 2016
Absence Management, Employment LawPayroll

Some employees are set to suffer a breach of their annual leave rights as a result of the way that Easter bank holidays fall this year and next year. The wording in some employees' contracts may result in an unanticipated shortfall in their holiday entitlement, for which their employer will be liable, as a result of variations in Easter dates. The issue will affect employers that operate an annual leave...

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holiday pay

Employers Will Have To Pay Commission As Part Of Holiday Pay

1st Mar 2016
Employee Benefits, Employment Law, Human ResourcesPayroll

 The decision was handed down in the long-running case of Lock v British Gas Trading Ltd, which was first brought to tribunal in April 2012. The case involves Mr Lock – a British Gas salesperson – whose remuneration package included a basic salary plus commission, based on the number and type of contracts to which customers agreed. When he took annual leave, he would only receive basic pay, which was...

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living wage money pounds

The New National Living Wage

2nd Feb 2016
Employee Benefits, Employment Law, Human Resources, PayrollRecruitment

The Government’s New National Living Wage became law on 1 April 2016. If you’re an employer, you need to make sure you’re paying your staff correctly, as the National Living Wage will be enforced as strongly as the current National Minimum Wage. All workers aged 25 and over are now legally entitled to at least £7.20 per hour. If you haven’t already, you need to take these four steps: Check you know who...

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2016 to 2017 Statutory Rates. Good news for employers.

The 2016 to 2017 Statutory Rates

2nd Feb 2016
Employee Benefits, Employment Law, Human ResourcesPayroll

2016 to 2017 Statutory Rates Statutory parental payments and statutory sick pay are generally increased annually. However, there’s some good news on the 2016 to 2017 Statutory Rates for employers. What’s going to happen? Budget announcement When the Chancellor delivered his summer Budget 2015 he announced a four-year freeze on working age benefits. However, to the disappointment of employers he went on to state that this freeze excluded all statutory...

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Untaken Annual Leave - The rules when off sick

Big Employment Law Issues For Smaller Employers in 2016

8th Jan 2016
Employee Benefits, Employment Law, Human Resources, PayrollRecruitment

What SMEs should look out for in the coming year Employment continues to be a highly politicised issue and significant changes to the law governing it have been brought in nearly every year during the last decade. This year is running true to form, and small and medium sized enterprises (SMEs) should start planning now for the most significant developments. National Living Wage Despite the name, this is best understood...

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employees who choose not to take leave

Managing employees who choose not to take leave

1st Dec 2015
Absence Management, Employee Benefits, Employment Law, Human ResourcesPayroll

The Working Time Regulations 1998 (WTR) states all employees have the right to statutory paid annual leave. If an employee works five days a week they are entitled to 5.6 weeks’ annual leave. Annual leave entitlement is then calculated on a pro-rata basis for part-time workers. Do you have a clear policy stating what happens if the full annual leave entitlement is not taken through personal choice? Employees sometimes choose...

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modern slavery

Modern Slavery Act 2015 – What are the implications?

18th Nov 2015
Employment Law, Human Resources, Leadership, PayrollRecruitment

From 1 October 2015 employers with an annual turnover of more than £36 Million will be required to produce and publish a slavery and trafficking statement each year. Here we ask about the Modern Slavery Act 2015 - What are the implications?  Section 54 of The Modern Slavery Act 2015 is the legislation that will attempt to resolve the issues of slavery with the requirement of the statement. The statement will need...

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calculating redundancy pay

How To Calculate a Redundancy Payment In Lieu Of Notice

6th Nov 2015
Employee Benefits, Employment Law, Human ResourcesPayroll

Where an employee is dismissed with a payment in lieu of notice, to calculate his or her length of service for the purposes of statutory redundancy pay, the employer should add on the minimum statutory notice period to the employee's service as at the date on which the employment ends. An employee's length of service for redundancy pay purposes should be calculated as at the "relevant date" in accordance with...

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Grandparental Leave

Grand-parental Leave: the Next Big Thing?

6th Nov 2015
Absence Management, Employee Benefits, Employment Law, Human ResourcesPayroll

Grandparents will be able to take shared parental leave under plans announced at the Conservative Party conference. The announcement follows indications in the summer that the Government was looking at allowing parents to transfer part of their family-friendly leave to grandparents. Shared parental leave was introduced in April 2015, enabling working mothers to end their maternity leave in order to share leave and pay with their partner. By being able...

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tribunal payout

Directors Face Criminal Proceedings For Failing to Comply

6th Nov 2015
Employment Law, Human Resources, LeadershipPayroll

It has been reported that three former directors of the now defunct parcel-delivery business, City Link, are facing criminal proceedings for failing to notify the Secretary of State of proposals to make large scale redundancies at the firm. Implications Under the Trade Union and Labour Relations (Consolidation) Act 1992 ("TULRCA"), employers are obliged to notify the Secretary of State, in writing, where they are proposing to dismiss as redundant 20...

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Untaken Annual Leave - The rules when off sick

Could You Be Breaching The NMW and Not Know It?

1st Nov 2015
Employee Benefits, Employment Law, Human ResourcesPayroll

Retailer Monsoon Accessorize has been “named and shamed” by the government for failing to pay more than a quarter of its UK store staff the national minimum wage (NMW). In HM Revenue and Customs’ (HMRC) latest list of offenders, the private retailer neglected to pay 1,438 workers, a total of £104,507.83. The company has now been forced to reimburse staff and pay a fine of £28,147.81. In a statement, the...

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Salary Payment & Bank Glitch

How to manage bank errors in relation to salary payments

28th Sep 2015
Employee Benefits, Employment Law, Human ResourcesPayroll

In August 2015 thousands of employees’ salary payments were held up in a banking glitch which resulted in many individuals experiencing financial loss and additional expenses. In a situation like this who is responsible - you, the employee or their bank? What happened? On 28 August 2015 (which was the Friday of the August bank holiday weekend) HSBC bank experienced severe problems with its BACS payment system. As a result,...

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adhesive note at office desk

How To Manage Absence

20th Aug 2015
Absence Management, Employment Law, Human ResourcesPayroll

Absence is a cost for any business - both financially and operationally - and therefore reducing and preventing absence makes good commercial sense. There are many ways that an organisation can look to reduce absence. Detailed below are MAD-HR's 10 top hints. Some will be more appropriate than others (depending on the organisation and culture). All will support the absence management process. There is however no single solution to reducing...

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Tax-Free Childcare – What’s The Deal?

14th Aug 2015
Employee Benefits, Human ResourcesPayroll

Tax-free childcare is part of the government's long-term plan to support working families and will provide up to 1.8m families across the UK with up to £2,000 of childcare support per year, per child, via a new online system. It was originally planned that the scheme would launch in Autumn 2015, but, as a result of a direct legal challenge from a small group of childcare voucher providers, development of...

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Brilliant service and advice from MAD-HR.   Thank you so much, you’ve made the process of taking on our first employee an absolute breeze! Highly recommended.