This month’s top 10 HR questions (XpertHR

Several of the most frequently asked HR questions throughout November concern sickness absence and cover the issues of covert surveillance where there are suspicions about the genuineness of the sickness, decreasing pay to reflect a phased return to work, and payment during the notice period where sick pay has been exhausted. The subject of rewarding low sickness absence also features.

1. What principles are employers obliged to follow in order to ensure that personal data is handled correctly?

2. Are payments made under a compromise agreement taxable?

3. Where an employee who has exhausted all entitlement to sick pay is to be dismissed on grounds of ill health will he or she be entitled to any payment throughout his or her notice period?

4. Where an employee has asked for a phased return from long-term sickness absence, can the employer decrease his or her pay to reflect the reduced hours being worked?

5. Where an employer has reason to believe that an employee absent on sick leave is working elsewhere can it arrange for covert surveillance?

6. Where an employer wishes to reward employees for low sickness absence, what factors must it take into account?

7. If an employee works for six hours a day is he or she entitled to a rest break?

8. Where a worker is entitled to a 20-minute rest break under the Working Time Regulations 1998 can this be taken as two 10-minute breaks?

9. Can an employer hold an unsuccessful candidate's CV on file in case a further job vacancy arises?

10. Where an individual has accepted an employment offer can the employer withdraw it where, for example, a freeze on recruitment has subsequently been put in place?