Employment Practice

The pace of technological development and variation of economic factors are such that change is the only constant. Most employers will, at some time, need to lose staff. Generally the handling of redundancies leaves much to be desired and few employers manage such situations with the tact and humanity it demands. Commentary All employers are obliged to consult with employees, or, if there are more than 20 to be made redundant within 90 days, elected representatives of their employees (whether unionised or not) in good time before redundancies are decided. Where there are no elected representatives then an election needs to take place. Redundancy IS a dismissal, but it is a dismissal for which the employee is in no way culpable - and employees should not be treated as if they were culpable. In addition, the effect on those not being made redundant must also be assessed and managed in the interests of the future operation of the Organisation. Policy Devising a redundanc...

Until fairly recently the number of instances in which an employer was liable to pay an employee when he was not working were few - e.g. time off to seek other work and/or be trained when redundant was virtually the only instance for many years. Since then a whole range of rights to both paid and unpaid leave have been introduced. Holidays All employees are entitled to receive 4 weeks paid holiday within their employers holiday year. This statutory holiday must be taken within the holiday year to which it relates and can neither be carried forward, nor be paid in lieu (except where the employees leaves during the holiday year with unused entitlement). Statutory holiday can be offset against paid contractual holiday to which an employee is entitled. Sickness Subject to the production of an acceptable self-certificate for the first seven days (and the production of certificates from a medical practitioner for periods in excess), employers are responsible for paying Statutory Sick Pay for...

First Aid is action carried out by laypersons to preserve life pending attendance by a trained medical practitioner. Employers should stipulate that those carrying out first aid should never initiate action which goes beyond the limits covered by this definition. As well as providing assistance in the event of injury, etc., employers are also required to notify appropriate authorities under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) of all reportable incidents affecting everyone on their sites whether employed or visiting. The 1995 revision of the regulations requires employers to report acts of non-consensual physical violence done to a person at work. Legal Obligations Under the Health & Safety (First Aid) Regulations 1981 (and the revised code of practice issued in 1997) (available from Health & Safety Executive, PO Box 1999, Sudbury, Suffolk CO10 6FS - Tel 01787 881165) an employer is obliged to provide: suitable first aid staff and s...