When you are busy running a business and managing your people, it can be easy to overlook some things that can trip you up. Whilst many managers have matters such as unfair dismissal and discrimination on their radar, it will come as no surprise that these aren’t the only traps for the unwary. Below, we take a look at three things that you’ll want to have on your radar.
- Dependent care leave
- Unlawful deductions from wages
- Whistleblowing
Dependent care leave
It’s important to be aware that employees have a right to take a reasonable amount of unpaid time off work to deal with certain emergencies. Due to the nature of this right, no advance notice is required for an employee to take time off work. Whilst businesses are often understanding in these circumstances, there can be situations which can lead to frustration, for example, if an employee seems to be taking this leave with some frequency or there is a disconnect between the amount of time the employee is taking and what the business would expect in a particular situation.
It’s important to bear in mind that where the employee meets the requirements for dependent care leave, they should not be subjected to a detriment for taking it, for example, by being subjected to disciplinary action, and a dismissal in connection with dependent care leave will be automatically unfair.
If you have any questions or concerns regarding dependent care leave, please get in touch for advice.
Unlawful deductions from wages
Sometimes a business wants to make a deduction from an employee’s wages. If that’s ever the case in your business, it’s important to know that there are only certain circumstances in which it is lawful to do so. If you make a deduction from your employee’s wages which you are not permitted to make, they can complain to a tribunal that the deduction you made was unlawful. The Tribunal can require you to pay or repay to your employee the amount you deducted. You can also be required to pay compensation to the employee if they have suffered financial loss because of the deduction, such as bank charges. In some circumstances, the employee may also complain that they have been constructively unfairly dismissed because of how they have been treated.
In most cases, to be lawful, a deduction must be permitted by statute (e.g tax and National Insurance), an appropriate clause in the contract of employment which has been signed by the employee or by prior written consent (the employee must have signed before the event giving rise to the deduction you wish to make occurs).
Remember that in addition to the above, you will usually also need to ensure that you will be able to show that the occurrence, which is the basis for you making the deduction, has taken place. If you are unable to show this, then your deduction can still be unlawful. Bear in mind, you also need to act reasonably in relation to the amount you are going to deduct.
Before making a deduction from an employee’s wages for things other than the usual deductions for tax etc, please get in touch for advice on the facts of your case. If the employee works in retail employment, be aware that there are additional protections against deductions.
Whistleblowing
Whilst many managers have heard of whistleblowing, it can be harder to spot in practice. It’s important to be alert, not only so the matter can be appropriately dealt with, but also because whistleblowers have legal protection from being subject to a detriment or being dismissed in connection with blowing the whistle.
Broadly speaking, whistleblowing is where an employee discloses information, usually to their employer, which they reasonably believe shows certain types of wrongdoing have occurred, are occurring or is likely to occur. The employee must reasonably believe that the disclosure is in the public interest. The types of wrongdoing are criminal offences, breach of any legal obligation, miscarriages of justice, danger to the health and safety of any individual, damage to the environment and the deliberate concealing of information about any of these things. In practice, these categories can be wide, and it’s important to bear in mind that employees can still have whistleblower protection even if it turns out that what they were saying was wrong.
Need help with an HR issue in your business? Please get in touch.