FREQUENTLY ASKED QUESTIONS

Do I have to give my employees the extra bank holidays during 2023 for the King's Coronation?

Firstly it is important to check your contracts of employment. Depending on how they are worded depends on if your employee is entitled to the additional bank holiday.

The following applies....

• Staff are entitled to the extra bank holiday if their contract states 20 days holiday, plus bank holidays.
• Staff are not entitled to the extra bank holiday if their contract states 20 days, plus 8 bank holidays.
• Staff are not entitled to the extra bank holiday if their contract states 28 days or 5.6 weeks which includes bank holidays.

Don't forget to consider your part timers to!

What’s the current national minimum wage?

What’s the current SSP rate (Statutory Sick Pay)?

• The current SSP rate is £109.40 per week from 6th April 2023.

What’s the current SMP (Statutory Maternity Pay), SPP (Statutory Paternity Pay), SAP (Statutory Adoption Pay), ShPP (Statutory Shared Parental Pay) and SPBP (Statutory Parental Bereavement Pay)?

What is the difference between a grievance and a complaint?

In essence they are the same. However, if a formal grievance is raised, employers are obliged to follow their grievance procedure whereas a simple complaint may be handled less formally. Grievances may include:

• The way you’re being treated by a member of the team or member of management
• Discrimination due to the 9 protected characteristics under the Equality Act or something arising from the equality act, for example, being a union rep/giving evidence against your employer etc.
• Something that has been said or asked of you that is deemed inappropriate

The duty is on the employer to investigate the grievance, follow the procedure and respond accordingly.

Can a statutory 20-minute rest break be split over two breaks or taken at the end of the day?

• No, under the Working Time Regulations, an adult working six hours or more per day is entitled to an uninterrupted rest break no less than 20 minutes. The break should be during working time, not before or at the end of the day. Workers cannot chose to opt out of this directive.

Why do I need a contract of employment?

• It is a legal requirement to provide at least a statement of terms of employment to employees on or before the first day of them commencing employment. A contract of employment goes further than the ‘statement’ and is an opportunity to put in place some additional terms that provide protection to the employer.



What are the HR basics I should have in place?

All employers should:

• Register as an employer with HRMC
• Have employers liability insurance and display their certificate in the workplace
• Have a contract of employment for each employee
• Provide an auto enrolment pension scheme for every eligible employee (from staging date)
• Have written disciplinary and grievance policies 
• Consider duty of care to their employees and conduct risk assessments as required
• Have a written health and safety policy where there are 5 or more employees
• Provide at least 5.6 weeks holiday per year to each employee (cannot be paid in lieu)
• Ensure rates of pay are at least national minimum wage
• Consider having an employee handbook to ensure all staff are aware of the work rules and all managers can implement the rules consistently