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Frequently asked questions from employers

I have received a grievance from an employee who is making serious allegations of discrimination in the workplace, what do I do?

Receiving a grievance with very serious allegations such as discrimination can be daunting, primarily because most employers want to protect employees from any such conduct in the workplace. Upon receipt of such a grievance, like any other, it is essential that you manage it in accordance with your internal grievance policy and procedure. Of course, at the very minimum you should handle the grievance in accordance with the ACAS Code of Conduct for Grievance Procedures. Act quickly, take advice and ensure any appropriate measures are in place to protect the employee from any further misconduct, for example, considering if any other employees should be suspended pending investigation subject to the severity of the allegations and any risk to safety. For more information check out our guidance for handling employee grievances.

Can I dismiss an employee with less than two years’ service?

An employee can be dismissed at any point of their tenure, regardless of their length of service. Employers should be cautious however in their approach to pre qualifying service dismissals, as there are some circumstances that will allow an employee to bring an unfair dismissal claim before they reach their two year anniversary. Ensuring that a fair, full and robust procedure was conducted and that the grievance was fair and genuine may assist employers in defending claims of automatic unfair dismissal and discrimination (where employees have claimed that a dismissal was discriminatory).

How long do I have to provide an employment contract to a new employee?

All employees, workers (including agency workers) are entitled to a written statement of employment particulars. It is essential that new employees and workers are provided with a statement of particulars of employment, otherwise known as an employment contract, before they commence their first day of employment with you. Worried your employment contracts are not up to date, need refreshing or do not include the essentials, contact one of our employment solicitors today for assistance with contract reviews or new contracts.

My employee has called in sick due to their disabled child/dependent’s sickness. What do I do?

Anyone who is considered an employee can take time off to help and care for a dependant who needs long-term care, from the first day of their employment. The leave entitlement for employees in such circumstances is up to one week of carer's leave every 12 months. For more information about who is entitled to this leave, when it applies and what employees should be paid, read our blog here.

I have concerns about an employees level of sickness absence and want to know what can be done to help, what do I do?

In scenarios where an employee has frequent short term sickness for the same reasons, or is on long term sick leave, and you would like to explore how you can assist their return to the workplace with the correct support measures in place you may consider making a referral to occupational health, or obtaining your employee’s medical records. It is important that you only make decisions regarding an employee’s employment with you where you are well informed, and such reports can assist you in your decision making. Ensure that you obtain the necessary consent from employees before engaging such methods however and where possible, meet with them to remind them of any contractual obligations that they have in this respect and why engagement will benefit them. Read more about managing performance and sickness here.