Last Updated 02 February 2010
HR is a complicated , specialist subject - that is why we are here. If you are a client and you need more help with any of the issues below, please phone your Consultant for further advice or information.
If you are not a client, please call us direct on 020 8876 6075 or email us at info@backuphr.com and we will be straight back to you.
1. Q. What are the current minimum wage rates?
A. Workers aged 22 and over - £5.80 per hour
Development rate for worker aged 18-21 -£4.83 per hour
Young workers rate aged 16-17 - £3.57 per hour
2. Q. What are the minimum break periods for employees?
A. 20 minutes every 6 hours. If aged under 18, 30 minutes every 4.5 hours
3. Q. What do I have to pay someone on maternity leave?
A. Statutory maternity pay (SMP) is currently payable for a period of up to 39 weeks.
There are two rates of SMP. For the first six weeks, SMP is paid at the higher rate, ie 90 per cent of the employee's normal weekly earnings. For the remaining 33 weeks, SMP is paid at the lower rate, now £ £123.06 a week or 90% of employee’s weekly earnings if this is less than £123.06 per week. It will increase to £124.88 in April 2010.
4. Q. Do I have to pay holiday pay to someone working under contract?
A. Yes, the Working Time Regulations apply to 'workers' as well employees. A subcontractor can accrue holiday entitlement unless he/she is genuinely self employed.
5. Q. How much Statutory Sick Pay do I have to pay?
A. SSP is currently £79.15 pw and will remain so through 2010. Barring unusual circumstances it must be paid until they return to work or the employee has been paid 28 weeks' SSP in a 'period of incapacity for work'
6. Q. Do I have to allow my staff to be accompanied at a disciplinary hearing by a Union Representative even though we do not recognise a Trade Union?
Yes for all casual, temporary and part-time workers, indeed anyone who falls within the general definition of a worker.
7. Q. What is the limit on a week’s pay for calculating redundancy and unfair dismissal basic awards?
A. £380 per week
8. Q. What is the maximum statutory redundancy pay or basic award for unfair dismissal?
A. £11,400 (30 weeks x £380)
9. Q What is the maximum compensatory award for Unfair Dismissal?
A. £65,300
10. Q Do I have to give paid time off work for public/bank holidays?
A. It depends upon what is provided in the contract of employment. Time off for bank holidays can be counted against a worker’s annual holiday entitlement or can be provided in addition depending upon what is agreed.
11. Q. What is the maximum working week under the Working Time Regulations?
A. Employees may work more than 48 hours in any given week provided that the average weekly working time over the reference period (usually 17 weeks) does not exceed the prescribed 48 hours
12. Q. What are the minimum daily and weekly rest periods under the Working Time Regulations and does an employer have to force their employees to take rest breaks?
A. Adult workers are entitled to:
- a rest period of not less than 11 consecutive hours in each 24-hour period during which they work for their employer, and
- an uninterrupted rest period of not less than 24 hours in each seven-day period during which they work for their employer.
Employers should ensure that workers can take their rest breaks but the law is not clear if an employer has to actually force them to do so
13. Q. What restrictions are there on employing under 18's?
A.The rules are very complex but 'young workers' (that is those over school-leaving age but under the age of 18): are restricted to 8 hours a day,40 hours a week and they must get a 30 min break after 4.5 hours.
No child should be employed under the age of 14 and must not:
do anything other than light duties (a risk assessment will be required),
work more than two hours on a school day (and not before 7.00 or after 19.00),
work more than 12 hours a week, including weekend working.
There are more restrictions on children, including local bye-laws so it is worth checking with the Local Authority.
14. Q. When do I have to report an accident at work?
A. When it is:
- fatal accident
- a major accident/condition
- an incident where, as a result of an accident connected with the workplace, people not at work receive an injury and have to be taken to hospital for it to be treated
- a dangerous occurrence
- an accident causing more than three days' incapacity for work
- a work-related disease
They can be reported to 0845 300 9923 or www.riddor.gov.uk
15. Q. How much is Statutory Paternity pay?
A. SPP will be at the rate determined by the State £123.06 or 90% of weekly earnings (calculated at an average of the eight weeks preceding the Qualifying Week), whichever is the lower. It is either one week or two consecutive weeks’ paternity leave' (not odd days). The figure will increase to £124.88 per week in April 2010.