There is no legal requirement for an employer to collect information (eg by the use of monitoring forms) to find out personal information about its job applicants and their protected characteristics as part of the recruitment process. However, guidance from the Equality and Human Rights Commission (EHRC) suggests that it is good practice for an employer to do so in order to: • see who has applied for the job and who has been selected, in terms of their protected characteristics • then compare who has applied for jobs against the profile of jobseekers in the local

Under sections 80A–80E of the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002 (PAL Regs 2002), SI 2002/2788, employees are entitled to paternity leave (SPL) in certain circumstances relating to the birth or placement for adoption of a child or children. For further information on: • the statutory right to paternity leave, generally, see Practice Note: Paternity leave and pay • eligibility requirements for SPL, see Practice Note: Paternity leave and pay, under the main section dealing with ‘Overview of paternity leave and pay’ An employee is entitled to SPL for a period of up to two weeks on the birth or adoption of their child if: • they satisfy the conditions listed in the PAL Regs 2002, SI 2002/2788, reg 4(2) (in the case of birth); or PAL Regs 2002, SI 2002/2788, reg 8(2) (in the case of adoption) • they have complied with the notice requirements in the PAL Regs 2002, SI 2002/2788,

There is no specific statutory right to paid or unpaid time off for compassionate leave, except in the limited circumstances set out in the statutory right to time off for dependants (sometimes known as 'emergency leave'). However other statutory provisions may dictate the manner in which an employer responds in circumstances where an employee suffers a bereavement and these are discussed below. The first step is to check whether the employer already has in place a bereavement policy or another policy (such as a compassionate leave policy, an absence from work policy, or leave policy) which covers the situation. The employer should obviously follows the terms of, and guidance in, any such policy. Right to unpaid time off for dependants Although not amounting to as much as a right to bereavement or compassionate leave, there is a statutory right for employees (not workers) to reasonable unpaid time off to care for 'dependants' in an emergency. See Time off for dependants. It applies only

Subject to certain conditions, employers are required under sections 259–261 of the Pensions Act 2004 and the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (the Pension Consultation Regulations), SI 2006/349, to consult with members or their representatives before making certain 'listed changes' that affect occupational or personal pension schemes. This is discussed in Practice Note: Pension consultation requirements. In summary, this means that employers must consult if: • they employ in Great Britain at least 50 employees • they are not an excluded employer (in the context of a personal pension scheme, they will

The answer to this question depends on the sector in which the employer operates, and whether references are generally given in respect of former employees. General position An employer is under no general duty to provide a reference for a former (or current) employee. However: • this is subject to certain exceptions • if the employer chooses to provide a reference, he owes a duty of care to both the former employee and the recipient Exceptions Even though there is no general duty to provide a reference, the employer should consider: • whether he is under a contractual obligation to provide a reference. This may be express (eg set out in the employment contract) or implied (on the basis that the employer has always given a reference for former employees) • whether where there is any specific statutory obligation to provide a reference in the employer's sector, eg: ◦ the financial sector—authorised firms are required to provide a reference in respect of a former employee who is being

An employer is liable to pay statutory sick pay (SSP) to an employee in respect of a day of incapacity for work if: • the day forms part of a period of incapacity for work, ie a period of at least four consecutive days, each of which is a day of incapacity for work • the day falls within a period of entitlement • the day in question is a ‘qualifying day’, and • certain notification and evidence requirements are satisfied A 'day of incapacity for work' means a day on which the relevant employee is (or in certain circumstances is deemed to be) incapable by reason of some specific disease or bodily or mental disablement of doing work which they can reasonably be expected to do under their contract of employment. Medical information required for the purpose of determining the employee’s

Cost of training Employees have the statutory right to time off for training in a number of circumstances. See for example Practice Notes: • Rights relating to activities involving unions • Health and safety—employer consultation and employee representatives • Right to request study or training In other circumstances, the question of whether an employer has to pay the cost of training they instruct the employee to go on is likely be a matter of contract. If the employment contract is silent on the question, and the matter is not otherwise agreed, the question of whether the cost of training is paid by the employer or the employee may be relevant to whether the instruction

If the homeowner is, as in this scenario, without any means of seeking recourse directly from the contractor involved in constructing its property, the other party to whom it may look to impose liability, and recover losses that it has suffered, will be the employer. The extent to which it is able to do so will depend, however, on the terms of the contract entered into between the homeowner and the employer and the nature/extent of the defects in the property. The homeowner should consider very carefully the terms of

Practical completion marks the end of the construction period of a project, when the works are ‘finished’ and the employer can occupy and/or use them. The Court of Appeal has held that practical completion is a state of affairs in which the relevant works have been completed free from patent defects, other than ones to be ignored as trifling, and can be achieved notwithstanding the existence of latent defects. See generally Practice Note: What is practical completion? Once practical completion has been achieved and certified by the relevant person, ordinarily the contract administrator, this would typically mark the start of the defects liability period (also known as the rectification period or defects notification period). Usually in a construction contract, the contractor will retain an express right for the contractor to have access to site to carry out the work to remedy any

For information on medical reports generally, see Practice Note: Medical reports—data protection issues and AMRA 1988. The Access to Medical Reports Act 1988 (AMRA 1988) gives an individual the right of access to any medical report relating to the individual which is to be, or has been: • supplied by a medical practitioner who is responsible for the individual’s clinical care • for employment purposes, ie the purposes of the individual’s employer or potential employer AMRA 1988 also provides for the individual to be notified and informed of a request for a medical report, to provide or refuse consent and to request amendment of the report. In brief: • AMRA 1988, s 3 prevents an employer applying to the employee’s medical practitioner for a medical report relating to the employee unless the employee has been notified of the

The answer will depend on: • the terms of the employee's contract of employment • what exactly the payment is for and how it has been calculated (and not just how the payment has been labelled) • whether the employer and employee have agreed a tax indemnity between them For further information on the tax treatment of PILONs generally, see our Practice Notes: • Termination payments taxed as earnings • Termination payments qualifying for £30,000 exemption • Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived] For further information on payment in lieu of notice generally, see our Practice Note Payment in lieu of notice (PILON). Express contractual right to make a PILON—fully taxable in hands of employer Many contracts contain the right for the employer to make a payment in lieu of notice (PILON) to the employee, instead of the employee working out their notice. The PILON clause will usually set out how the payment is calculated, typically

We are not aware of any general duty in tort which requires an employer to properly maintain a building once completed. However, such a failure may be relevant in other ways, for example: • under the Occupiers' Liability Act 1957, an occupier of property owes a duty of care to visitors in respect of dangers due to the state of the premises (see Practice Note: Occupiers’ liability) • if the employer lets out the building (or part of the building),