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Frequently Asked Questions - HR Issues

Briefing / Briefing Papers
Date: Jun 17, 2009 - 08:58 AM
Last Updated 25th May 2010

Examples of typical questions asked.

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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

From October 2010, the National Minimum Wage rates will increase to: £5.93 an hour for workers aged 21 and over £4.92 an hour for workers aged 18 to 20 £3.64 an hour for workers aged 16 to 17

The rise is around the 2% mark in each category. The Government has extended the adult minimum wage rate to 21 year olds from October 2010. Until October, the qualifying age for the National Minimum Wage is 22. For the first time, an apprentice minimum wage rate has been set at £2.50 an 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 £124.88 a week or 90% of employee’s weekly earnings if this is less than £124.88 per week.

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. 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?
A. 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 Holidays?
A. It depends upon what is provided in the contract of employment. Time off for public 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 £124.88 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).

    Current Questions

    Q. We have received a new style fit note saying that the employee is fit to return 'on light duties'. Their job involves some heavy manual work. Do we have to have them back?

    A. The new medical statement means GPs can advise employees that they are Unfit for work or May be fit for work.

    The new note has a section which states, if available and with the agreement of the employer, they may benefit from: A phased return to work; Amended duties; Altered hours or Workplace adaptations.

    Both the employer and employee have to agree on any phased return to work. If the employer cannot provide this flexibility then the employee will be deemed unfit for work and they would remain on sick leave until again seen by their Doctor. Light duties could involve any one or more of the above adaptations which may be an effective way of getting someone back to work.

    A phased return to work would involve coming back part-time and increasing this back to their normal hours and may include less physical work for a short period of time.

    Amended duties means that you could consider giving them quite different work duties which they should be capable of doing, for an agreed length of time, that would involve less manual handling.

    Workplace adaptations may involve more frequent job rotation on jobs so there is less physical manual work or it could include using mechanised equipment to reduce the amount of physical work required.

    If the employee is already known to be 'disabled' then you must consider reasonable adjustments as a matter of course.

    We would also always encourage clients to try to get employees back to work if possible as the longer some one is off sick the harder it becomes for them to return at all. If you are not sure about what you can do the Government has provided to Employers on a trial basis free access to Occupational Health Advisors and it might be worth ringing them, explain the working environment and see what they recommend. This service is called the Health for Work Adviceline' Tel: 0800 0778844 and the website is: www.health4work.nhs.uk

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