Latest Employing Staff Questions and Answers
Can I make long-standing staff member redundant?
Can I legally make redundant staff who have been employed longer on the books and who do the same hours as subcontractors, while keeping the subcontractors employed?
Employee wants to convert SSP to annual leave
I've paid an employee statutory sick pay as he's been off for two weeks and it’s ongoing. However now he wants to take some of it as annual leave. Do I have to agree this as I have already run payroll, paid him and printed his payslip?
Casual worker asking for p45
I had a casual worker (no contract) working two hours a day for one or two days a week. She is now asking for p45 and wage slips. This person has some property that belongs to my company and she will not return it until I produce the p45. What is my move?
Hiring youth workers
The local council is no longer paying for our two youth workers and we propose to do this ourselves. They work three hours each Tuesday evening. Is there anything legally we need to know in employing them?
Is employee entitled to holiday pay?
An employee worked 14 weeks, booked a weeks' holiday then gave a week’s notice while on holiday and never came back. Is she entitled to any holiday pay? She worked 17 hours a week.
What is the legal number of hours between shifts?
What is the legal number of hours between shifts?
How will the delay of auto-enrolment affect my company?
How will the delay of auto-enrolment affect my company?
What is the simplest way to employ on a casual basis?
I am a one-man consultant/product developer and currently have more work that I can cover. What is the simplest way that I can employ a student or other person on a casual/part time basis to help out when required?
Can I reduce staff hours?
I run a struggling business and need to cut costs. My employees work varied hours and if I was to reduce the hours each worked would I have to do it as a percentage of their hours worked or could I reduce all employees the same amount of hours?
Can I make a deduction from an employee's salary?
If an employee fails to return corporate property eg laptop, clothing, mobiles phone etc, is it permissible to deduct the value of the equipment from their final salary?
Do I need to pay employee for travelling time?
One of my employees, who travels 50 miles each way to work, is arguing that he should get paid for travelling time. How should I proceed?
Staff and Christmas bonuses
I have an employee who did not meet the Christmas bonus requirement. However, she claims that she should qualify as her extra day off was an 'emergency hospital visit'. Where do I go from here?
How can I attract the best apprentices?
Following news of the drop in University applications, how can I attract the best apprentices to my business?
Will I be able to dismiss an unproductive member of staff?
Under the new employment law proposals, would I be able to dismiss a member of staff who isn't as productive as I want?
How do I check that staff are not on benefits?
How do I check that staff are not on benefits?
How can I get my staff as excited about my business as I am?
How can I get my staff as excited about my business as I am?
Staff member takes excessive smoking breaks
What is the official HR policy on smoking breaks? One member of staff has complained about another taking excessive time out.
How do I approach making two employees redundant?
I want to make two employees redundant and use subcontract labour when I have work. How do I do this?
Reducing contractual hours
I have advised staff that we need to reduce contractual hours to break even. This period is always low and additional hours are essential when things pick up. What are the legal considerations if staff do not agree to new hours? The contract says that normal hours may be varied to meet needs of employer.
Is it legal to use foreign drivers in the UK on an agency while they are self-employed?
Is it legal to use Romanian drivers in the UK on an agency while they are self-employed, or does the Agencies Act of 1974 still prevent this?
Employee on sick leave
We are a small business employing five people. One is frequently going sick for one or two days at a time. We are still paying that employee for the days she is off sick. Can I remove her self-certification and not pay her if she has any further short term sickness leave?
Do I need to consider maternity pay?
One of my employees is pregnant. What are my considerations in regard to maternity pay?
Non-resident employees
Can I put non-resident employees on my UK company payroll for limited periods of time? If yes, how are they treated under PAYE?
What contract should I offer?
I am looking to hire sales staff at my outsourcing company. What are my options in regard to employment contracts?
'Sick' employee went for interview at another company
What rights do we have when an employee is 'off sick' and goes for a job interview at another company?
Company vehicle for private use?
Do I have to inform HMRC if an employee is using a company vehicle for private use?
Can I put sales staff on a month's trial?
I am looking to hire sales staff to promote my outsourcing B2B company. Can I legally put them on a month’s trial on the basis of if they bring in ten new contracts, they get the job permanently?
Employee used up sick leave
An employee is on sick leave after a planned operation, and recovery is longer than planned. He has used up his three weeks of paid sick leave. What now?
Can workers take less time between shifts?
Can workers take less time between shifts than is stated if they are doing it voluntarily, for example overtime on a Saturday morning following a late shift finish on the day before?
Would it be better for workers to be self-employed?
The company has two partners / owners and two employed staff. Our wage is a 25 per cent cut of monthly profit. The company pay NI and Tax for two employees. Would it be better for employees to be self employed and pay their own NI/Tax so company does not pay NI and Tax?

