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Lynne Burns - Vizards Tweedie
Online advisor - 4 posts
If you have overpaid an employee you can reclaim monies overpaid by mistake, however in respect of anything else you will need an express clause in the contract.
Depending on the amount, I would advise setting up a meeting with the employee to discuss the way forward.
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Lynne Burns - Vizards Tweedie
Online advisor - 4 posts
Dear Lesley,
Thank you for your question about TUPE.
In general terms TUPE applies to the transfer of all an employee?s terms and conditions (barring certain pension rights) by transferring the obligations of the transferor employer in those terms and conditions to the transferee employer.
However, with the information supplied I cannot give a definitive answer to how it would apply to the Pay Scales you refer to. I would need to know where these Pay Scales are contained in order to advise you. For example, are they stated in the contractual documentation, or have they been regulated and agreed within a collective agreement? These factors would influence what terms the new employer would have to offer employees to ensure compliance with TUPE.
I would suggest you contact me to let me know where these provisions are contained and also let me have a copy of the relevant documents so that I can assist you further.
Yours sincerely
LYNNE BURNS
Lynne.Burns@orchardlaw.com
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Lynne Burns - Vizards Tweedie
Online advisor - 4 posts
The duties upon employers in a redundancy situation depends upon the number of employees that the employer is intending to dismiss.
If the employer is intending to dismiss more than 20 employees, there is not only a requirement to give notice but also to collectively consult with employee representatives. The consultation period for dismissing 20+ employees is 30 days. This increases to 90 days if the employer is dismissing more than 99 employees.
In either individual or collective scenarios for redundancy there is a duty upon the employers to follow a fair procedure in implementing the redundancies and this includes following such a consultation process.
Therefore, notice to the employee is the last stage after consultation has taken place and is the bare minimum requirement.
If an employer simply gives notice of redundancy without having followed a consultation process, he runs the risk of the employee claiming that he/she has been unfairly dismissed.
Consultation would include items such as the numbers the employer is proposing to dismiss, the period over which dismissals will take place and any alternative employment options available to employees.
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Lynne Burns - Vizards Tweedie
Online advisor - 4 posts
1. Pro-Rata Holiday
Part-time employees are entitled to minimum statutory annual leave and should have the same leave entitlements pro-rata as full-time colleagues.
If a full-time employee receives 30 days holiday per year working 37½ hours per week, a part time employee working 17 hours per week would receive 14 days holiday per year:
? The hours worked by the part-time employee as a percentage of the hours worked by the full-time employee:
17/37.5 x 100 = 45.3%
? The part-time employee is therefore entitled to 45.3% of the holiday of the full-time employee:
30 days holiday x 45.3% = 13.59 (rounded up to 14 days)
2. Bank Holidays
The difficulty arises since a part-time employee must not be treated less favourably than a full-time employee.
If the bank holiday falls on a working day, the part-time employee should be treated the same as a full-time employee and if they are given time off, the part-time employee should also get time off.
If a bank holiday falls on a day when they are not working (e.g. if the employee does not work Mondays (the most common bank holiday)), they should be given extra leave pro-rata to the number of bank holidays missed in order to ensure they are not treated less favourably. Based on the worker not working Monday?s, the extra leave would be calculated as follows:
9 days bank holiday x 45.3% (see above calculation) = 4.077 (rounded up to 4 days)
3. Salary
Again, part-time employees must not be treated less favourable. Therefore, as long as the full-time employees in a similar post are paid £10,500 per annum, the salary for the part-time employee working only 17 hours per week would be £4,756.50.
£10,500 x 45.3% = £4,756.50
Hope this helps,
Lynne Burns
Orchard Solicitors
020 7246 6127
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