FAQs
ACAS defines bullying and harassment as "any unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. It is not necessarily always obvious or apparent to others, and may happen in the workplace without an employer's awareness.
Bullying or harassment can be between two individuals or it may involve groups of people. It might be obvious or it might be insidious. It may be persistent or an isolated incident. It can also occur in written communications, by phone or through email, not just face-to-face".
Examples include:
spreading malicious rumours or insulting someone
exclusion or victimisation
unfair treatment
deliberately undermining someone through constant criticism
ridiculing someone, picking on them, setting them up to fail
overbearing supervision or other misuse of power or position
unwelcome sexual advances - touching, standing too close, displaying offenstive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected
making threats or comments about job security without foundation
preventing someone progressing by intentionally blocking promotion or training opportunities
If you have to withhold a day's pay for any reason - for example if an employee takes a day of unpaid leave - how should you calculate the pay?
The Supreme Court ruled in Hartley v King Edward VI College 2017 that (in the absence of any contractual wording to the contrary) the correct deduction is 1/365th of the employee's annual salary.
If you wish to use a different calculation - e.g. 1/260th of the annual salary - then this should be stipulated in the employment contract.
This does not apply if the employee has a set hourly rate rather than an annual salary.
School children carrying out work experience placements are considered employees for insurance purposes.
Provided you already have employers' liability insurance then you do not need to obtain any additional cover.
If this is the first time you have taken on a work experience student, it is worth checking with your insurance company in case they need you to do a risk assessment or they have any requirements or restrictions regarding the role.
The employee has a statutory right to time off to accompany the partner, provided they are in a 'qualifying relationship':
a husband or civil partner
living together in an enduring family relationship (but not related)
the father of the expected child
the intended parent in a surrogacy arrangement
The statutory right extends to a maximum of 2 antenatal appointments, but there is no right to be paid for the time off taken.
You should always see the original document, as you are obliged to validate that the original document is genuine, the person presenting it to you is the rightful holder and the person is permitted to carry out the type of work you have on offer.
It is best to make your own photocopies and refuse any other copies if the originals are not available - even if certified a 'true copy of the original'.
If the documents are fake you could face a penalty of up to £20,000.
You can introduce a rule that bans employees from drinking alcohol during the working day, provided you can demonstrate why the rule is necessary.
If employees are operating dangerous machinery, or driving, it's quite simple to demonstrate the need for the rule. For less clear situations, you could say that you are a responsible employer and, as drinking alcohol affects people differently, you are introducing a zero limit to protect the health and safety of all employees and people they come into contact with.