IM in the Know
In this section, we provide YEN members with information and legal updates to help you in understanding legal obligations and get answers to commonly asked questions.
Please note that nothing in this section, through our guidance notes, articles or myth busters should be relied on as a substitute for legal advice. It is general guidance only and we always recommend that you take legal advice to get specific advice on your situation and how the legal principles could best be applied against it. We would be more than happy to help you in this.
For more information or if there is a specific area that you are interested which is not covered in this section, please get in touch with a member of the team, quote “YEN” and we will put you in touch with someone who can help.
The Employment team at Irwin Mitchell advise businesses of all sizes and sectors in managing HR and employment law issues including the defence of tribunal claims. As a management team, one of the key ways to ensure that you are … Read More
1. Background 1.1 – As of April 2015, new parents and adopters have had an opportunity to share up to 52 weeks’ leave between them, in a way which best suits their families, via a right called shared parental leave … Read More
Q1: Can we treat absence as a form of misconduct and discipline staff with poor attendance? Genuine absence is not a form of misconduct and should be dealt with as a capability issue. Repeated short-term absence may be dealt with … Read More
Myth: You can’t change the terms and conditions of a transferred employee under TUPE Busted: There is no absolute bar on changing an employee’s terms and conditions of employment following a TUPE transfer but your ability to make changes will … Read More
Myth Employers cannot dismiss if their employee is genuinely ill. Busted Many employers are nervous of dismissing staff who are genuinely ill, even if they have been off sick for a very long time. This can be for a number … Read More
Myth Employers have to accommodate all religious sensibilities and beliefs. Busted It is unlawful for an employer to discriminate against a member of staff because of their religion or belief (or on any other protected ground). Protection is also afforded … Read More
Myth You can vary an employment contract by giving notice. Busted Generally, an employment contract can only be amended if the contract terms permit the change, or the parties agree. Employees are usually happy to accept beneficial changes to their … Read More