For information on the possible uplift of an award of compensation arising from failure to follow the Acas Code of Practice on disciplinary and grievance procedures generally, see Practice Notes: • Acas disciplinary and grievance code—effect of non-compliance • Acas disciplinary and grievance code—application Where a Code of Practice is issued by Acas under Chapter III, Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992): • failure to observe any provision of that Code will not of itself render a person liable to any proceedings, however • the

The right for an employee to take time off from work for holidays may arise under contract or statute. While the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provide for a minimum entitlement to holiday, an employee or worker's contract may entitle them to more generous holidays. For further information, see Practice Note: Dealing with stress and mental ill health in the workplace, in particular the main sections dealing with ‘Statutory holiday entitlement’ and ‘Contractual holiday entitlement’. Stipulating when an employee must take holiday The WTR 1998 permit an employer to specify when during the year holiday must be taken (eg during an annual shutdown period), or when it cannot be taken (eg at the financial year end or in busy retail periods) (see WTR 1998, SI 1998/1833, reg 15(2)). The WTR 1998 set out a procedure and timescales for the employer to notify the employee when it does or does not want the employee to take leave (WTR

Where a Certificate of Sponsorship (CoS) is assigned and then used in an application for permission, it will be ‘used’ and can then no longer be cancelled or withdrawn. See SMS Guide 10_Miscellaneous_CoS_functions. Guide 3—how to withdraw an unused CoS. Where a person finishes sponsored employment prior to the end date on their CoS, this is a matter that must be reported to the Home Office within 10 working

Section 11(2) of the Employment Rights Act 1996 (ERA 1996) provides a right for a worker or an employer to make a reference to an employment tribunal where: • a statement purporting to be a statement under ERA 1996, s 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with ERA 1996, s 8 or 9 • a question arises as to the particulars which ought to have been included or referred

The Employment Rights Act 1996 (ERA 1996) permits an employer to make a deduction from a worker’s ‘wages’ (as defined in ERA 1996, s 27) if: • 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), or ◦ a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual right to take money out of the worker's wages in repayment, or • the worker has previously signified in writing their agreement or consent to the deduction For further information, see, generally, Practice Note: Deductions from wages, and

The Employment Rights Act 1996 (ERA 1996) permits an employer to make a deduction from a worker’s ‘wages’ (as defined in ERA 1996, s 27) if: • 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), or • a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual right to take money out of the worker's wages in repayment, or • the worker has previously signified in writing their agreement or consent to the deduction For further information, see, generally, Practice Note: Deductions from wages, and in particular the main section

The two premises on which the question depends are that: • within the settlement agreement, the employer has agreed to make a contribution towards the employee’s legal fees, and • the adviser has issued an invoice on which it could sue; this in turn assumes that the agreement stipulated the amount which is shown on the invoice It is a statutory requirement for the validity of a settlement agreement that the employee must have received advice from an independent adviser as to the terms and effect of the agreement. It is invariably

In First West Yorkshire Ltd t/a First Leeds v Haigh, the EAT held that fairness requires the reasonable employer to give proper consideration to an ill-health retirement scheme before it dismisses for long-term sickness. In particular, where the employer provides an enhanced pension on retirement through ill health, it will be expected to take reasonable steps to ascertain whether the employee is entitled to the benefit of ill-health retirement. For more information, see: • Practice Note: Reason for

According to the Home Office: Workers and Temporary Workers: guidance for sponsors: sponsor a seasonal worker (version 04/22), a Certificate of Sponsorship (CoS) on the seasonal worker route must confirm that the worker will be paid at least £10.10 for each hour they work, and any allowances or guaranteed bonuses. This must conform with all relevant legislation, such as the National Minimum Wage and the relevant Agricultural Wages Order rate where this applies. The relevant paragraph in the Immigration Rules, Appendix Temporary Work—Seasonal Worker, sub-para SAW 4.1(g) was amended for applications submitted after 6 April 2022 via Statement of Changes in Immigration Rules, HC 1118, para APP TWSW 8 to state that the CoS must confirm that: ‘…the applicant will be paid at least £10.10 for each

For information on the protected characteristic of age, see Practice Note: Age, gender reassignment, race and sex—Age. It is unlawful under the Equality Act 2010 (EqA 2010) for an employer to discriminate against one of its employees: • as to the employee’s terms of employment • in the way the employer affords the employee access, or by not affording the employee access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service • by subjecting the employee to any other detriment The meaning of ‘to

Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 11(1), an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which they work for their employer. As an alternative, the employer may substitute two rest periods of 24 hours, or a single rest period of 48 hours, in each 14-day period. While the Health & Safety Executive is responsible for enforcement of the maximum weekly working limit, night work limits and health assessments for night work, it does not enforce time off, paid annual leave entitlement or rest break entitlements. Instead, workers enforce these rights via a complaint

It is assumed for the purposes of this Q&A that no collective redundancy consultation obligations are involved (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations). If an employer is closing a particular site but an employee’s role is free at another site the employer should not only consider the question of redundancy but also how the law on unfair dismissal affects the situation. An employee is dismissed by reason of redundancy if his dismissal is wholly or mainly attributable to: • the employer ceasing or intending to cease carrying on the business for the purpose of which the employee was employed by him • the employer ceasing or intending to cease carrying on that business in the place where the employee was so employed • the requirements of the business for employees to carry out work of a particular kind, either generally or in the place where the employee