John Stamford + Associates Ltd.
FREQUENTLY ASKED QUESTIONS
Question
One of our employees has committed gross misconduct. Can we sack them on the spot?
Answer
No. Suspend, investigate, hold a disciplinary hearing and if there is sufficient evidence for your reasonable belief of guilt, then sack them following the Statutory Disciplinary and Dismissal Procedure and a reasonable procedure. It may take 5 to 6 days to complete the process but that is better than having an Employment Tribunal complaint.
Question
Do we have to pay for a period whilst the employee is suspended?
Answer
Yes. Unless your contract of employment states otherwise. Suspension is a neutral action which neither presumes innocence nor guilt. Therefore, pay for the period of suspension. We also recommend that you give the employee a company contract.
Question
Do we have to pay holiday pay during maternity leave?
Answer
An employee on maternity leave is entitled to proportional holiday pay as allowed under the Working Time Directive (i.e. 24 days a year).
Question
Is it necessary to have an Equal Opportunity Policy?
Answer
In our view, yes. An Equal Opportunity Policy is as important as the Health and Safety Policy. Sex Discrimination, Sexual Orientation Discrimination, Race Discrimination, Religion and Belief and Disability Discrimination are key areas. It is important that the employee is aware of the policy and knows what to do if there is a problem.
Question
We have just had a Tribunal application from an employee who in our view has no case. Do we have to respond to the Employment Tribunal?
Answer
The answer is an emphatic YES. If you do not respond the Employment Tribunal will preclude you from taking any further part in the proceedings. This enables the employee to say what they wish in the Employment Tribunal without risk of being challenged.
Question
Can I raise a Grievance verbally against my boss?
A verbal Grievance has no standing. The Statutory Grievance Procedure requires that the employee puts their Grievance IN WRITING. The employee also has the right of appeal to a higher level of management and who has not been previously involved.