It is common for employers to use probationary periods for new starters, but does this have an impact on the employer’s options for dealing with someone whose employment is not working out?
The top question this month looks at whether the fact that an employee is still in their probationary period prevents the employer from dismissing them. Another question looks at the legal issues that could arise if a probationer is dismissed.
A question on how employers should respond if an employee appears to be drunk at work also features. The FAQ advises caution about jumping to conclusions and recommends the involvement of occupational health where this is an option.
The calculation of holiday pay for term-time and other part-year workers continues to be a hot topic, following the Supreme Court decision in Harpur Trust v Brazel earlier in the year, and is the subject of one of the most popular FAQs last month. That case focused on individuals who have employee status and an ongoing contract of employment, but who do not work throughout the whole year. On the issue of employment status generally, another question looks at the difference between a casual worker and an employeee.
The top 10 HR questions in November 2022:
2. When does overtime have to be included in holiday pay?
3. How should an employer calculate a term-time worker’s paid holiday?
6. What does dismissal for “some other substantial reason” mean?
7. Can an employer anonymise witness statements obtained during a grievance or disciplinary procedure?
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9. Can unused statutory annual holiday be carried forward to the next holiday year?
10.When does a casual worker become an employee?
