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HR Update: Common employment issues affecting BII Members

What are the most common Employment Law issues that BII Members are facing?

Our second quarter of managing the BII Employment Law Helpline has just drawn to a close here at Bhayani Law. We’re a law firm based in Sheffield, however, we have enjoyed getting to know and providing guidance for hospitality businesses all over the UK.

Our Lawyers and HR advisors have many years’ experience in managing people within the hospitality industry. Being at the end of the BII helpline has given us extensive exposure to the spur of the moment and day-to-day HR issues that small pubs and restaurants face where they wouldn’t normally be able to call for legal guidance.

We’ve put together a summary of the issues BII Members call us for advice on and here’s the stats on our most popular calls:

 

Topic of Advice

Number of calls

Appeal process after dismissal

1.6%

Contracts of Employment

7.6%

Deductions to wages

2.84%

Disciplinary process

12.3%

Dismissals/termination of employment

30.8%

Grievances

2.84%

Holiday pay

4.75%

Investigations

4.11%

Maternity leave

2.53%

Notice periods

3.8%

Redundancy

1.9%

Resignation

2.21%

Service Occupancy Agreements

0.94%

Sexual harassment

0.94%

Sickness absence

12.0%

Termination payments

1.26%

TUPE

6.32%

Unauthorised absence

1.26%

What does this tell us?

 

•          That the biggest issues within hospitality businesses are around staff turnover and that a lot of employers seek advice on exiting employees from their businesses and the risks associated with doing so.

 

•          That lots of employers are struggling with ensuring they’re following the correct process when misconduct has occurred. It’s really important to call us if you are unsure.

 

•          Sickness absence is one of the biggest struggles employers have in the hospitality industry, especially for small pubs. You need to know not only the rights of the employee but also what you can do as an employer to minimise the impact on the functioning of the business when you are in receipt of a Fit Note. We can help with this.

One of the most beneficial things employers can do is familiarise themselves with the ACAS Guidelines as these will be applied in an Employment Tribunal’s assessment of whether or not you have acted reasonably in the circumstances. You can find the core information you need to consider on the ACAS Website: http://www.acas.org.uk/index.aspx?articleid=1461

Some guidelines might seem disproportionate for small businesses, a lot of BII Members tell us ‘we don’t have formal processes or contracts, they are a student who just works a few hours a week’. We can help you to interpret the ACAS Guidelines within the context of your business and give you realistic advice that also complies with the law.

 

We offer help on all aspects of Employment Law and take many calls that we can’t fit into a category within the above table. Remember you can speak to us 24 hours a day, 7 days a week for Employment Law guidance.

 

BII Members can call the legal, licensing and HR helpline anytime on:

0330 058 3878