I DIDN'T KNOW I COULD DO THAT

Employment law is complex and rapidly changing, with both financial and management risks to getting it wrong.

Many employers become overly cautious and agree to demands from employees when they do not have to do so. Our employment law solicitor Alan Jenner gives some reassurance about a few myths:

1. “I must agree to a request for flexible working”
   Not so. Your employees have the right to ask you to consider a request for flexible working but you are not obliged always to agree to the request. You can turn it down with good reasons, but must follow correct procedure in doing so. Make sure you understand your employees’ rights and the procedure to consider them and your position before giving an answer - or risk an employment tribunal claim.
2. “I can’t sack a sick employee”
   Untrue. Lack of capacity is one of the grounds for a fair dismissal but take care to follow the right procedure, including obtaining medical opinion on the health of your employee to support your decision. Consider also whether a sick employee could qualify as being disabled. Be sure of your law before dismissing.
3. “I must advertise job vacancies internally”
   While there is no legal requirement to advertise a new post internally, it may still be a good idea to do so. Your employees may know of potential job applicants or may wish to take the opportunity to improve with a new challenge. Watch out though if the job vacancy has emerged because of economic changes within your organisation. If it is a new job created from several being dispensed with, there will be obligations to consider alternative job opportunities for any employees being made redundant from an old job.
4. “I’m not allowed to give a bad reference”
   Again this is untrue, but do make sure any reference whether in writing or verbally, is fair honest and accurate – if you do make bad comments about an ex-employee, make sure you have evidence to back it up such as their attendance record. Most employers prefer to avoid giving a bad reference by declining to give one.

For more information on any employment law matters, including help setting up the correct employment and redundancy procedures, contact Alan Jenner on 01722 422300 or email Alan Jenner.