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Ask the Expert – Employees wishing to retract their resignation

Question A discussion that took place between one of our employees and his manager broke down when the manager raised some underperformance issues. The situation became heated and ended with the employee shouting ‘stick your job’. The employee, who has…

Ask the Expert – Introducing CCTV

Question We operate in a safety-critical environment and, after a couple of ‘near-miss’ events, we would like to introduce CCTV to ensure that our employees are carrying out their roles in line with our health and safety obligations. Are we…

Ask the Expert – Wages overpayment

Question We have recently discovered that an employee has been overpaid. The employee reduced their hours from 35 to 28 and signed a new contract to that effect. However, the change was not effected by our payroll and for two…

Ask the Expert – Subject Access Requests

Question An employee whom we are currently investigating under our disciplinary procedure has submitted a subject access request to obtain the contents of their personal file. Do we have to respond to the request and, if so, is there anything…

Ask the Expert – Performance Improvement Plans (PIPs)

Question I have an employee whose performance has started to slip, and to address the situation I would like to put in place a performance improvement plan. Can you tell me what it should contain? Answer The main purpose of…

Ask the Expert – Holiday pay carry over

Question Does holiday pay carry over apply to cases where the employee could have taken the holiday but chose not to? One of our employees has not taken holidays for a number of years. He has now left our employment…

Ask the Expert – Coming to work smelling of alcohol

Question One of our employees has come to work smelling of alcohol. Can we dismiss him? Answer Do you have an alcohol policy in place or does your disciplinary policy deal with such matters? If so, you should firstly look…