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Ask the Expert – Absence history and recruitment

Question We are currently recruiting for a post in our admin team and have invited candidates to interview. Our normal practice is to request references in advance of interviews, and as part of our reference request we ask for their…

Ask the Expert – Sending employees home sick

Question We operate in a safety-critical manufacturing environment. Our employees are required to operate heavy machinery, and if they are unable to do so there is significant risk to the production process. An employee of ours was recently in an…

Ask the Expert – Protected conversations

Employers who have experience of attempting to reach a mutual agreement with an employee to terminate their employment will most likely be familiar with the idea of the ‘without prejudice’ (“WP”) conversation. The purpose of the WP conversation,  in this…

Ask the Expert – Adverse weather

Question We operate in a remote region and in winter we often experience extreme weather. In previous years we have had issues with employees being unable to attend work for this reason. We would like to know what the law…

Ask the Expert – Anonymous witness statements

Question An employee who has been with us for several years has been accused of bullying members of their team. The allegations are serious and could result in dismissal. In line with our policy we have commenced an investigation by…

Ask the Expert – Right to work checks and Brexit

Question I recently offered someone a new job. When I asked them to prove their right to work in the UK, they provided me with a Polish passport. The only thing is, the passport expired a few years ago and…

Ask the Expert – Young workers

Question I run a restaurant and am currently recruiting new employees. I have received applications from candidates aged 16 and 17 and I’m considering taking them on, but I’m unsure whether I should apply different rules to them or just…

Ask the Expert – The Taylor Review

Matthew Taylor and his team have finally published their review of working practices in the UK. As well as commenting on many aspects of employment (and self-employment) law and practice, the review makes recommendations as to how those aspects could…

Ask the Expert – Social media and disciplinary action

Question One of our employees has made derogatory comments about the organisation on social media. Are we able to take disciplinary action in response to this and, if so, what sort of sanction is appropriate?   Answer Disciplinary action will most…