The top 10 most popular FAQs on XpertHR during November 2009 include some recently added questions on dress codes, including whether employers can require male employees to keep their hair short, and questions on flexible working requests, annual leave entitlement when an employee receives a payment in lieu of notice and opting out of the 48-hour week under the Working Time Regulations.
One of the most frequently visited questions asks whether or not an employer can offer a better salary than that paid to existing employees, in order to attract new recruits. The answer to this deals with the risk of a claim under the equal pay legislation, and whether or not employers can argue that a difference in salary is justified by reference to "market forces".
- Can an employer safely ignore a request for a flexible pattern of working made by an employee who does not qualify for the statutory right to request flexible working?
- What can an employer do if an employee refuses to comply with a dress code?
- When recruiting to a vacancy can an employer offer a better salary than that offered to existing employees in order to attract candidates?
- If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?
- Can an employer make a job offer dependent on the applicant agreeing to work more than the 48-hour weekly limit imposed by the Working Time Regulations 1998?
- Can an employer have a policy that requires male employees to keep their hair short?
- Is an employer required to deal with a grievance raised by an ex-employee?
- Can an employee be required to take his or her outstanding leave while on garden leave?
- Will a job applicant have any redress if an employer refuses employment on the basis of a spent conviction?
- If an employee has been signed off work by his or her doctor for a particular period can the employer allow the employee to return before the end of that period?
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