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FAQs

Question:

I wish to grant employees additional holidays based on their length of service. Is there any problem with doing this?

Answer:

Under the Age Discrimination Regulations 2006, employers require to objectively justify any benefits granted based on length of service. An exception to this is additional benefits granted during the first five years of employment.

Thus, while an employer is able to grant an additional day’s annual leave for each year of service during the first 5 years of employment, if any additional holidays are granted thereafter e.g. after 10 years’ service, this will be viewed as potentially age discriminatory and the onus will lie on the employer to show that the granting of this additional holiday is objectively justified.
Question:

An employee returning from maternity leave has asked to work part-time. Can I turn down her request?

Answer:

Under the flexible working regulations, employees with 26 weeks’ service and who are caring for children under 18 or who have caring responsibilities for other relatives have the right to request to work flexibly. Such arrangements may include part-time work, job share or working from home.

The employee’s right is to make a request and the employer is not obliged to agree to the request if this is not convenient to the business. The regulations set out the grounds under which a flexible working request may be rejected.

Employers should however take care that they are not seen as imposing a blanket ban on flexible working practices either throughout the business or at senior levels within the business. Such practices may constitute indirect sex discrimination and could result in legal action against the employer.

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Employment law

factsheet

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CompliancePlus

Daniel Gorry, Legal Manager

Law at Work’s CompliancePlus service starts with a thorough audit of all employment law documentation you use. This include employment contracts, policies, procedures, and application forms among others. Your legal manager will present you with a detailed report setting out any areas where you are not legally compliant along with guidance on best HR practice.

The legal manager will meet with you to discuss the audit findings and assist you to revise your documentation, and, where necessary, provide you with new policies and procedures tailored to meet the needs of your business.

The audit will take into account future changes in employment law and anticipated changes in your business to allow you to make it easier for you to change course without incurring any legal risks. .

It’s important to note that the audit is not a one off exercise. Your legal manager will regularly review the documentation to ensure that it remains up to date throughout the life of your relationship with us.

Clients also have access to our extensive suite of employment law documentation and guidance notes.

Your legal manager will be available at any time to assist you draft any new policies or procedures as your circumstances change or you (or we) identify a need for additional or updated documentation.