10 of the most frequently asked HR questions

‘Do I have to…?’ – we are often asked questions which normally begin with these words and sometimes the answer is ‘Yes’, sometimes ‘No’ and sometimes ‘Maybe’.  When dealing with people there are rarely ‘black and white’ answers only shades of grey. Below are a few of the most frequently asked questions and our responses to those:

1. How do I calculate holiday entitlement for part-timers?

All employees are entitled to a minimum 5.6 weeks’ paid annual leave per year (equates to 28 days and includes bank holidays) so for a part-timer the sum is 5.6 x the number of hours worked per week = total number of hours holiday (remember this includes bank hols).  If you are closed on bank holidays and they were due to work on these days, deduct the number of hours they would have worked on that day.

2. Do I have to give contracts of employment?

Employees have the legal right to a ‘Written Statement of Terms and Conditions of Employment’ either before they start or by day 1 of starting employment.

3. Can I discipline someone who is off sick?

Usually, it would be best to wait until they return to work, however, depending on the circumstances, you may be able to carry out a disciplinary hearing in their absence or allow them to send in written representation.  There are a few hoops to jump through first though so please always seek advice.

4. Do I have to invite an employee to an investigatory meeting and allow them to bring a companion?

Check your policy first, but usually they don’t need to be given advance warning/invite to the meeting and usually they don’t have the right to be accompanied at investigation.

5. Can I sack this person?

Sorry to say this but… it depends on the circumstances! Each case should be decided on its own merits and remember, the punishment should always fit the crime.

6. What should I do if Fred phones in sick but it transpires his child was ill so he needed to stay home for childcare reasons?

Emergency Time Off for Dependants allows employees unpaid time off, usually no longer than 1 day, to deal with a problem and to sort any longer-term arrangements. Fred’s record should not show that he was off sick that day.

7. Can I refuse someone’s holiday request if I already have other staff off?

Yes, but do be mindful not to discriminate if they are requesting holiday as it is a religious holiday

8. Can I automatically deduct money from an employee’s pay?

Only if you have a specific term in the contract of employment. Even then, you can’t deduct sums without justification and be careful if the employee earns minimum wage. It is always best to confirm to them in writing you are going to deduct before you do so.

9. What can I do? Fred is still off sick!

Absence is an issue particularly for small employers.  Where someone has been absent for a period of time you should look to understand when/if they will be able to return and what you can do to support them; ultimately you can dismiss someone due to their absence but need to be careful if they have a disability which is causing the absence.  Where someone has a poor attendance record, talk to them about it and what can be done to minimise their absence.  Just knowing their boss is reviewing is enough to disturb shirkers and for genuine cases, you may be able to help.

10. Fred’s on holiday but he says he’s sick now and wants to take his holiday later, can he?

Yes, as long as he has followed the sickness reporting procedure.

We always say to our clients, we don’t tell you what to do, we provide you with advice, and you choose, although with more than 40 years’ HR experience between the two of us we know a thing or two about what we do 😊 If your case is more complex and/or you are unsure of what do to, we would be happy to help. Please get in touch here