Unlock exclusive resources with a premium subscription!
This week, enjoy a complimentary peek into my weekly newsletter, reaching over 2000 subscribers. With a paid subscription (£3.99 per month), unlock a rich archive of Q&A’s and past newsletters that have been carefully curated since inception. You'll also gain access to a number of practical templates of letters, policies, and essential documents catering to both employers and employees.
Stay updated with the latest trends and crucial news in employment law and HR, delivered to your inbox twice weekly. For the price of a morning latte, why not take a subscription packed with value and timely insights?
A click is all that stands between you and a wealth of knowledge.
Question of the week: What’s the legal definition of full-time and part-time employment?
Can I be forced to work overtime?
Can I ask to see my contract?
Can I put my notice in whilst on the sick?
IR35 and employment status
What are KIT days?
Should you hand your notice in by hand, or will email do?
Variation of Court Order to visit siblings
Employer refusing to pay sick pay because of late self-certification
Long Covid and long-term sick
Question of the week
What’s the legal definition of full-time and part-time employment?
Great question. There isn’t! The employment contract or detailed statement outlining employment particulars is a document which, amongst other things, validates whether you will be engaging on a full-time or part-time basis. But here's where the maze begins - what precisely delineates full-time from part-time?
Often, there's a hovering myth that a specific number of work hours per week, such as 38 or 40, anchors an employee in the full-time category. The reality, however, is far from this common presumption. The legal frontiers do not offer a black-and-white definition segregating full-time and part-time employees. Instead, the demarcation is largely employer-driven, drawing from the traditional practices and policies inherent to the company, organisation, or the broader industry.
Dive into accepted benchmarks
Although the legal avenues may not provide a straight cut, there is a consensus within the employment ecosystem. It’s an unusual scene to tag an individual working 30 hours per week as a full-timer. This hour-bracket generally falls into the part-time corridor.
Venturing into the tull-time territory
Broadly, the full-time engagement starts to make a mark when an individual clocks in at least 35 hours per week, outlining their standard contractual working hours. Nonetheless, this framework could shift based on the unique practices adopted by the employer.
Transitioning between full and part-time horizons
Employment dynamics can evolve. A full-time professional might transition into a part-time rhythm, sliding from, say, 35 to 16 hours per week. Various life scenarios, including childcare needs or other caregiving responsibilities, could be the drivers behind such a shift.
Shielding part-time interests
Whenever such transition occurs, the individual steps under the protective umbrella of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (explore the Regulations). The legal lattice offers a solid ground ensuring part-timers do not face any unfavorable treatment. Moreover, it emphasises that when two individuals are rendering similar services under comparable contract types, the treatment meted out should echo fairness, irrespective of their full-time or part-time status.
Here’s a tip
Make it a thumb rule to explicitly earmark whether a new recruit is on a full-time or part-time contract in the initial employment documentation to avert any haze down the road.
Can I be forced to work overtime?
Q. If I work 4 x 12hr shifts 4 on 4 off, can I be made to work overtime?
A. You can only be made to work overtime if your contract allows it, so that’s the first thing you must do - check your employment contract. If there is no such provision to work overtime you are not obliged to.
One other point to note is whether you have opted out of working the maximum 48 hour working week. If working overtime would bring you over the 48 hours and you haven’t signed an opt-out agreement you do not have to work overtime in excess of those 48 hours even if you have agreed to the overtime. The maximum 48 hour working week does not apply to all workers, so check with the Working Time Regulation to see whether you are excluded.
Can I ask to see my contract?
Q. can i ask to see my contract?
A. Yes, of course. You should have been provided with a contract when you started work, and generally, an employer will ask you to sign two copies. One for them and one for you to keep. If you haven’t received it or have mislaid it, they should provide you with a copy; otherwise, you will not know what your terms of employment are.
Can I put my notice in whilst on the sick?
Q. can I put my notice in while on the sick
A. Yes. You can put your notice in at any time. Just check what notice is specified on your contract. As a minimum, you should give one week.
***Newsflash ***
Upcoming revision in immigration charges set for 4th October
In a recent update, it has been unveiled that the Home Office is set to enact a notable uptick in charges pertaining to a myriad of immigration and nationality pathways.
This revision, encompassing work and visit visa charges, sponsorship licence fees, alongside charges related to student visas, settlement, citizenship, broader entry clearance, leave to remain, and priority visas, will be operational from 4th October 2023.
The Home Office has disclosed a refreshed schedule of immigration and nationality charges, providing a clearer picture of the financial implications for individuals and entities eyeing UK immigration or nationality services.
Here’s the Home Office updated list of charges
IR35 and employment status
Q. I am a contract being paid a day rate inside IR35. I work 40 hours a week. My contract is due to end on 31/12/23 but I have been told by my employer that they have furloughed me and so my contract will end on 16/12/23. This furlough is unpaid. Is the employer within their rights to do this?
A. Yes, but I’m not so sure that furlough is the correct term to use, although the definition of furlough leave is a temporary leave of employees due to economic circumstances at the workplace. You are not an employee in the normal sense, but a subcontractor working through an intermediary, personal service company or a partnership. As such you don’t have the right to claim unfair dismissal.
The only way you could do this is to challenge your IR35 status and claim that in reality you are an employee. You can use the “Check Employment Status for Tax (CEST)” tool to find out if you should be classed as employed or self-employed for tax purposes, which will give an indication.
What are KIT days?
Q. I’m going on maternity leave and someone mentioned kit days. What are they?
A. A keeping in touch (KIT) day is a day on which an employee who is on maternity leave can work for their employer without affecting their entitlement to statutory maternity pay or maternity allowance. These days can be used for training, attending meetings, or for any other work-related activity.
KIT days are optional and are agreed upon by you and your employer. You can choose to work as many or as few KIT days as you wish, but you cannot work more than 10 KIT days during your maternity leave period.
KIT days can be a useful way for an employee to stay connected with their job and colleagues while they are on maternity leave, and can help to make the transition back to work after maternity leave easier. Hope this helps!
Should you hand your notice in by hand or will email do?
Q. Does a notice need to be handed in person or can I send a notice to my employer over email?
A. You can send your employer your notice any way you wish. You can even give it verbally, but I would always recommend you do it in writing. Email is as good as, if not better, than the post these days and you have a time and date of sending it in the header of the email. Just ask your manager in the email to confirm receipt.
Variation of Court Order to visit siblings
Q. Quick question , I have just landed a new job , I have a court order so I see my daughter every other weekend , and she goes back Sunday evening but I have to work Sundays now , will I have to go back to court, I also have no time off over Christmas but the order says I have her 6 days , I told my ex a few months prior me starting, it does say in the order what parties can agree.
A. If the Court Order gives the parties the opportunity to vary the times of access that will be ok, but if not you will need to apply for a variation using Form C100. I believe you can do this online, but it does cost £232.
Employer refusing to pay sick pay because of late self-certification
Q. The company says I handed in my self-certificate in late when I was off sick and now they are refusing to pay me sick pay.
A. It depends if it is Statutory Sick Pay or contractual sick pay they are refusing to pay. If it is contractual sick pay, check the clause in your contract to ascertain whether you are in breach by not providing the self certification in time.
If it is SSP your employer must pay you if you are eligible. Tell your employer you will contact ACAS with a view to claiming an unlawful deduction from pay by not providing you with SSP. You should also advise them of the government guidance for employers, which stipulates:
You must tell your employees what you expect them to give you as evidence of incapacity for Statutory Sick Pay (SSP) purposes and when you expect them to give it. You cannot withhold SSP for late medical evidence as this could be because your employee is unable to get an appointment with their doctor.
Taking annual leave during the notice period
Q. Hi there hoping this email reaches you well. I want to hand in my notice and have given the notice verbally to my manager that I will be leaving and have also noted this will also be put in writing. I do want to also take my annual leave and have stated this. Is this OK to take the last potential working day and say that I want to use that 2 weeks as my annual leave and then that's it after that last day of annual leave I don't need to return? Can I also just email my manager the annual leave or text them please advise thanks
A. Firstly, email or text - it makes no difference as long as your manager receives it.
You can request you take your annual leave during your notice period. Most, if not all, employers would jump at the opportunity of you taking annual leave during your notice period as they then don’t have to pay you for outstanding leave in your final pay. Of course, they can refuse and insist you work your notice and pay you for the holiday when you leave. I suggest you get your request in asap.
Long Covid and long term sick
Q. Hi, at xmas it will be 2yrs since i attended my work place due to covid 19/long covid complications all supported by my doctor. I have been with the company for 30 yrs and they decided to stop my discretionary sick pay after 6 months therefore i had to apply for ESA and then PIP of which i currently am in receipt of.
Basically i understand that company policy/agreements drive almost everything. i was wondering if there is any other avenue than "sorry mate, due to your continued absence we are terminating your contract, here is your holiday pay good-bye"
A. Two years is a long time off sick, and I sympathise with your position. Long Covid could be a disability within the meaning of the Equality Act, so it may be worth having a conversation with your employer to see what reasonable adjustments, if any, your employer could make in order to facilitate your return to work.
Your employer should have taken steps by now to address your long term absence, such as obtaining an occupational health report to determine if and when you can return. At the end of the day an employer cannot keep staff on indefinitely who are ill and at some point will move to terminate your employment if this continues.
They would have to do far more than simply send you a termination letter, so it may be worth engaging with them (if you haven’t already), and ask what can be done to get you back to work. I hope you see signs of recovery sometime soon.
Useful Links
The legal bit. . .