Calculating leave for part-time workers
Statutory entitlement for full-time employees is 28 days paid annual leave. There are normally eight specified bank holidays each year, which may be included as part of the statutory entitlement. Calculations for part-time employees takes a little more work! A part-time employee is pro-rated to the full-time entitlement.
When employees are entitled to bank holidays off work in addition to their annual leave entitlement, this can create questions, because most bank holidays fall on a Monday, so a part-timer who works on a Monday will have a higher proportion of their holiday to take on a specified day than a part-time colleague working other days of the week.
If an employee typically works on a bank holiday and receives this day off as a fixed holiday, this should be taken from their overall holiday entitlement. If an employee does not typically work on a day when a bank holiday falls, they do not need to take annual leave.
The simplest way of calculating entitlements is to deal with all holidays as an inclusive amount. If your organisation allocates more holiday than the statutory entitlement you need to ensure your part-time employees also receive the additional entitlement on a pro-rata basis.
For help with ensuring your employees are treated fairly, please contact us today.
A contract of employment starts once the offer is accepted (whether in writing or not). There is then a legal requirement to give a written statement of employment within two months of starting work, which sets out the main terms of employment. To provide clear expectations it is sensible to go further than a written statement of employment and have a written contract of employment, which clarifies many things such as notice periods, confidentiality and any restrictive covenants etc.
We can review your contracts of employment. If you don't have any we can put them into place for you.
National Minimum Wage and National Living Wage 2019 (and Voluntary Living Wage 2018/19)
The National Minimum Wage (NMW) is set by the low pay commission and is reviewed annually in April. The current rate, since April 2019, for those aged 21-24 is £7.70. This rate is compulsory for all employers.
From 1 April 2016 the National Living Wage replaced the NMW for those aged 25 and over. The current National Living Wage is £8.21. This rate is compulsory for all employers and is also reviewed annually in April.
The Living Wage is a voluntary rate applicable to those aged 18 and over and is set by the Living Wage Foundation,with over 5,000 businesses signed up to the scheme. The current UK rate is £9.00, and for those in London is £10.55. New rates are announced on Monday of the first week of November each year and employers who utilise the living wage should implement the change as soon as possible, and within six months.
Maximum weeks pay for calculating unfair dismissal and unfair dismissal basic award £525.
Maximum basic award for unfair dismissal and statutory redundancy payment: £15,750 (30 weeks pay subject to the limit on a week's pay).
Maximum compensatory award for unfair dismissal (unlimited for certain automatically unfair dismissals, eg whistleblowing, health and safety): £86,444.
Failure to allow right to be accompanied correctly, such as during a disciplinary or appeal hearing: £1,050 (two weeks' pay capped at the statutory amount).
Advise HR in partnership with breatheHR
We are delighted to say that Advise HR is a partner of breatheHR. breatheHR has been implementing HR systems across the UK for over 22 years and offers a complete cloud-based software solution specifically for small and medium sized businesses. Our exciting partnership enables you to use the combined experience of Advise HR as well as increase the value of our service offering with great HR software.
At Advise HR we work hard to understand your business, and our collaborative partnership with breatheHR takes this one step further, using a seamless and integrated platform for managing HR functions in your business.
If you would like to know more, or need assistance with any aspect of HR, please contact us today.
The current weekly rate of statutory maternity/adoption pay is £148.68 or 90% of the employee's weekly wage if this figure is less than the statutory rate.
Statutory paternity pay is paid for two weeks and is also paid at the lower of £148.68 or 90% of the employee's average weekly earnings.
Statutory sick pay is currently set at a weekly rate of £94.25.
To be entitled to these statutory payments the employee's average earnings must be equal to or more than the lower earnings limit of £118 per week.
Employers can usually reclaim 92% of employees' statutory maternity pay, paternity pay, adoption pay and shared parental pay, this rises to 103% if your business qualifies for small employer's relief.
Need your family friendly policies updated? Contact us.
In a recent case Metroline West Ltd v Ajaj, the EAT said that if an employee “pulls a sickie” and this is then found to be untrue, the employee is in breach of trust and confidence. Therefore, the EAT agreed that the employer was right to dismiss the employee.
It is however important to ensure that a proper procedure is followed as well as a proper investigation and the employer has a reasonable belief that the employee is not sick.
We can review your existing absence policy, or if you don’t have one we can put one into place for you.
A current topic in HR is zero hours’ contracts, the Office of National Statistics reported data in January saying that there had been a 6% increase in the use of zero hours’ contracts by UK businesses during the last year. Zero hour contracts have attracted a lot of media attention following the Labour Party saying that they will ban them if they get elected. Some argue that they offer a greater flexibility in working patterns and 54% of those people on zero hours’ contracts are women.
In May 2015 a new regulation preventing employers from enforcing exclusivity clauses were brought in and in January 2016 zero hours’ workers were given the right to claim for unfair dismissal if they were subjected to a detriment for failing to comply with an exclusivity clause.