1.

If my Company does not recognise a Trade Union, can my employees still bring a trade union representative to accompany them at a disciplinary hearing?

Yes, since September 2000 it has been the right of the employee to be accompanied at a hearing or appeal by a fellow employee or union representative.

2.

If one of my employee's leaves the Company of their own accord having been issued notice during a redundancy exercise, do they forfeit their redundancy pay?

No, however, they may forfeit part of the notice pay.

3.

Can I insist that my male employees take annual leave instead of paternity leave?

No. With effect from 6 April 2003, male employees have the right to two weeks' paid paternity leave. Pay is made at the rate of 90% of the average weekly earnings or £100 per week whichever is the lower amount.

4.

Do Park City Consulting offer ad-hoc project work for clients?

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.

5.

How do you calculate annual holiday and bank holiday entitlement for part time staff?

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.

6.

I want to issue someone with a disciplinary warning - what do I do?

Talk them through disciplinary procedure, from written advice of meeting, right to be accompanied, process of meeting, adjournment if necessary, decision of what level of warning to issue and follow up letter with right to appeal.

7.

I want to make someone redundant - what do I do?

Talk them through process of whether it is a genuine redundancy situation, the consultation period and purpose, selection criteria and its importance, calculation of redundancy payments and final confirmation of decision and follow up letter.

8.

What constitutes a Redundancy situation?

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.

9.

Should payment be made for a Bank holiday when an employee fails to report for work the following day?

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.

10.

Can an employer contact an employee's GP direct to request a medical report?

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.

11.

Can an employer dismiss an employee in cases of long term sickness?

Can dismiss but only by following the capability procedure and by ensuring that medical opinion is obtained at every stage.

If you require any further information on any of these points or you have questions of your own please contact us.