Your Questions Answered

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No. The employee's consent must be obtained in writing prior to the letter being sent to the doctor and the employee given the opportunity of seeing the report before it is sent to the Company.

Can dismiss but only by following the capability procedure, consideration of whether reasonable adjustments to the role or workplace might facilitate the employee’s return and by ensuring that a relevant medical opinion is obtained at every stage.

No. Fathers, or the person with parenting responsibilities (which could be a same sex partner) who have had 26 weeks continuous service are entitled to 2 weeks paid paternity leave. They may also be entitled to Additional Paternity Leave of up to 26 weeks. Depending on their Terms and Conditions, the pay may be at the statutory rate.

Yes, Park City can offer ad-hoc project work either to existing or prospective clients. We would meet with you to understand your requirements and provide a detailed proposal which we would subsequently present and agree a course of action.

Annual holiday is strictly pro-rata, bank holidays can either be paid if it is a normal working day or pro-rata as for annual leave but calculation on a pro rata basis is better practice.

Talk them through disciplinary procedure, from written notification of meeting giving at least 48 hours’ notice of that meeting and an indication of the possible outcome, inform them of their right to be accompanied and copies any evidence on which you may rely in making your decision. Following the meeting, take an adjournment if necessary, decide and inform the employee of the level of warning to issue and follow up with a formal letter explaining right to appeal.

Talk them through process of whether it is a genuine redundancy situation, the consultation period and purpose, discuss and consult on selection criteria and its importance where appropriate and encourage counter proposals to avoid the need for redundancy. As consultation progresses you may inform them of the calculation of redundancy payments and at the point of dismissal give final confirmation of decision and follow up letter.

Yes, it is the right of the employee to be accompanied at a hearing or appeal by a fellow employee or union representative or union official.

Possibly, depending on contractual provisions and the reason for their departure. However, they are likely to forfeit all or part of their notice pay.

The employees Terms and Conditions should be checked and/or the situation fully investigated. If the reason is found to be genuine then it would be appropriate to normally make payment.

The need to no longer maintain a particular job or a significant reduction /diminished requirement for work of a particular kind. If a number of posts of a particular kind are to be made redundant then an agreed selection criteria must be applied to ensure a fair selection process.

It is planned for flexible working rights to be extended to all employees during 2014. However, there will be guidance which accompanies this change as to what a legitimate and reasonable reason for the request might be. Don’t forget that as is the case at the moment, if you have genuine and justifiable reasons for rejecting the application, this will still be possible.

No your part time workers are entitled to be paid at basic rate for additional hours worked (and approved by you as overtime) up to 39 hours. Anything worked over 39 hours as overtime will attract the enhanced rate.

No, if you don’t have a scheme in place or there is a scheme that no one has accessed, you can now wait until you set up a pension as part of the auto enrolment obligations.

Yes, on the proviso that you can provide her with notice of the requirement to take the leave which is twice the length of the amount of leave i.e. two weeks, you can insist on this unless your Company procedures or contract dictate otherwise.

No, there is no longer a default retirement age in the UK and retirement itself is no longer a fair reason for dismissal. There are some organisations which have retained a retirement age because they have been able to objectively justify doing so but if this is not the case with your Company, then proceed carefully as you could be faced with an age discrimination claim if you dismiss. If you are anxious because your employee is no longer performing satisfactorily you may be able to address this using your capability or disciplinary procedures.