For information about sexual harassment, generally, see Practice Notes: • Sex discrimination • Harassment Under section 26 of the Equality Act 2010 (EqA 2010), a person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic; and the conduct has the purpose or effect of violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. A also harasses B if A engages in unwanted conduct of a sexual nature and that conduct has that purpose or effect. Sex is a relevant protected characteristic. An individual may also have a claim under the Protection from Harassment Act 1997 (PHA 1997). An employee

Redundancy pay The amount of a statutory redundancy payment is calculated by reference to a week’s pay, in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996). The method of calculating a week's pay depends upon the type of hours the individual works and the pay structure that applies to them. Whichever formula applies, the week's pay is calculated by reference to the employee’s remuneration. Remuneration for these purposes: • includes wages and salaries • includes ‘expenses’ to the extent that they are profits

From 28 September 2020, if a self-isolating worker is due to work or undertake any other employment-related activities during the isolation period (other than working at home or the place where they are self-isolating), they must notify their employer that they are required to self-isolate, giving the start and end dates of the isolation period. That notification must be given as soon as reasonably practicable and in any event before the worker is next due to start work within the isolation period. Once an employer is aware that a self-isolating worker (or agency worker) is required to self-isolate, the employer must not knowingly allow the worker (or self-isolating

For further information on the statutory obligations to inform and consult on collective redundancies generally, see Practice Note: Collective redundancy—statutory information and consultation obligations. In relation to the duty to consult with appropriate representatives, see Practice Note: Collective redundancy—statutory information and consultation obligations, under the main section dealing with ‘Appropriate representatives’. You might also find helpful Q&A: When it comes to electing employee representatives for the purposes of a collective redundancy consultation, is it a requirement that the elected representatives must themselves be at risk of redundancy? Where an election is necessary, section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992

There is no stand-alone right to be informed of the outcome of a disciplinary procedure. However, consideration should be given to whether the Acas Code of Practice on disciplinary and grievance procedures applies and, if so, its effect. The Code of Practice is admissible in evidence in most employment tribunal proceedings, and the tribunal must take into account any provisions of it which appear to be relevant when determining any questions arising in those proceedings. Awards of compensation in certain claims by employees are subject to an uplift, or reduction,

If an employee resigns on notice and the employer wishes to terminate the employment before the notice has expired (ie to unilaterally bring forward the date of termination), this will not ordinarily amount to a breach of contract by the employer, provided the employer complies with its obligations as to statutory and contractual notice (and other contractual obligations). See Practice Notes: Statutory minimum notice and Contractual notice. The amount of notice (or payment in lieu of notice) the employer is required to give will depend on the employee's length of service and contractual terms. These circumstances will ordinarily amount to a dismissal, unless the employer terminates

Consideration may need to be given to the law relating to unlawful deductions from wages, and penalties/liquidated damages clauses. Deductions from wages Under section 27(1) of the Employment Rights Act 1996 (ERA 1996), wages means any sums payable to a worker in connection with their employment, including (among other things) holiday pay, whether statutory or contractual. Under ERA 1996, s 13, an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE) • the deduction is required or authorised to be made by virtue of a relevant provision of the worker's contract, eg where the employer provides

Detailed information on the right to a statutory redundancy payment can be found in Practice Note: Entitlement to statutory redundancy payment. A worker is entitled to a redundancy payment under section 135 of the Employment Rights Act 1996 (ERA 1996) when: • they are an employee • they have been continuously employed for not less than two years at the ‘relevant date’ • they have been dismissed, and • the dismissal was by reason of redundancy Dismissal For these purposes, ‘dismissal’ means any situation where: • the employer terminates the contract, with or without notice • a limited term contract comes to an end and is not renewed • an employee terminates the contract, with or without notice, in

The following Practice Notes in Lexis®+ UK Employment are relevant to your enquiry: • Holiday (document no longer available) • Holiday pay (document no longer available) • Holiday and sickness absence (document no longer available), which considers the practical issues which arise in relation to the entitlement to annual leave and holiday pay of workers who are, or have been, absent on sick leave, in light of case law on the subject The statutory right under the Working Time Regulations 1998 (WTR 1998) is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave

For information: • on career breaks and sabbaticals generally, see Practice Note: Career breaks and sabbaticals • on the right to statutory sick pay (SSP), see Practice Note: Sick pay For information on the right to statutory sick pay (SSP) during a sabbatical (where the employment contract continues but the employee is unpaid), see the section: ‘Continuing contract—right to statutory sick pay’ of Practice Note: Career breaks and sabbaticals. In respect

When an employee is absent from work on account of being sick, their employment contract will usually stipulate the requirements for self-certification and fit notes. It is usual, eg, for the employment contract to stipulate that the employee must self-certificate for the first seven days of illness and produce a fit note after the seventh day of absence. See Precedent: Employment contract basic version, clause 8.2. Entitlement to sick pay is likely to depend on the employee complying with the relevant reporting (and other) conditions set out in their employment contract. There are specific

There is no legal requirement to formally document the lapse of an employee share option (unless the option terms require this, which would be unusual). Nevertheless, it is good practice to do so. Typically a short board resolution which records that the lapse has occurred will be sufficient, so that it is accurately reflected in the company’s records. The company may also be operating a share option register which it will need to update. It is also advisable to formally notify the relevant employee (or former employee) in writing that the lapse has occurred. When there has been a lapse of a statutory tax advantaged option (granted under an enterprise management