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Complying with Employment Legislation
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Retaining Staff by Managing Absence and Performance
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Frequently Asked Questions

Question 3
What are return to work interviews?
Answer
Such interviews are a very effective method of dealing with suspect sickness absence claims. They are held when the employee returns to work, but should be carried out for everyone returning to work after an absence that was not pre-arranged.

The interview is only an investigatory meeting and not disciplinary, so the employee is not entitled to bring a companion along. However, you are entitled to allow them to do is if you so wish. Do think carefully about who is permitted to hold the interview as you may be discussing intimate medical matters. It is wise to chose someone of an appropriate gender or ethnic group, and to ensure that they are fully trained.

If you are satisifed that the absence was genuine, then do offer sympathy and be understanding. Offering help in settling back in, perhaps with a lighter workload, or fewer hours, would certainly give out the message to other employees. that those with genuine absences will be well treated if they try to keep their absences to a minimum.

If you are satisfied that the claim is indeed false, then inform the employee that you will be taking the appropriate disciplinary action. As this is still an investigation at this point, do not give a warning there and then.Our Sales Engineer has been living with his partner and her children from a previous relationship for over five years. He is now going to adopt her children and has requested adoption leave.
Question 4
Must I provide bottled water?
Answer
Despite what the adverts from office suppliers may say, there’s no legal requirement for you to provide bottled water to your staff.

You must provide drinking water that’s readily accessible, free from contamination and preferably from the public water supply. This must be through either a drinking fountain or via a tap, where cups must be provided. They must be clearly labelled as drinking water. Bottled water dispensers are acceptable as a secondary supply and not primary.
Question 5
Can we insist that a pregnant employee arranges her ante-natal appointments outside working hours?
Answer
The employee has the right to attend the first appointment at a time agreed with the registered medical practitioner, midwife or health visitor. After that you can request that a certificate or appointment card be shown to you. If the timing conflicts with business then you can ask her to find a more suitable time. If you make what she considers to be an unreasonable request, she can make a complaint to an employment tribunal who will determine if it was reasonable or not; thus it may be safer in such circumstances to allow her the paid time off.

From my own personal experience, ante-natal classes were on a Wednesday afternoon at 2pm when a whole group of pregnant ladies met at the same time. If you were unable to attend at that time, there was no alternative so in a case like this, it would probably be seen as unreasonable to prevent an employee from attending.
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