We know that navigating employment law and managing staff can be challenging, which is why we’ve compiled answers to some of the most common questions we receive to help you.
If you’d like to discuss any of these topics or anything HR-related, we’re always here for a free, no-obligation chat to see how we can support you in getting the best from your team.
Before they even start! That’s right – even job applicants have rights, such as protection from discrimination during the hiring process.
In total, there are nearly 100 different employment rights, and many of them kick in from day one. These are usually outlined in the contract of employment.
Some rights, however, take a little longer to build up.
For example:
After one month, employees gain the right to at least one week’s notice if dismissed (unless your contract offers more).
After two years, they gain protection against unfair dismissal and become eligible for statutory redundancy pay.
Understanding these rights helps you stay on the right side of employment law and build a fair, supportive workplace!
Before you employ a new starter the first thing that you need to do is check that they have the right to work in the UK. This is a simple check and there is a set list of documents that are accepted, you need to keep a copy of the document when you see it. You can find the most up to date list of accepted documents on: applicant's right to work.GOV.UK
All staff must be given a written Statement of Main Terms and Conditions of Employment no later than the first day of their employment. This can be a basic statement containing only the essential minimum information, with a wider written statement, usually referred to as a contract, being issued within 2 months of the employee’s start date. We recommend giving them all the information before they start so that they know what they are signing up for.
You’ll also need certain policies and procedures in place that staff can easily access. There is a requirement to have a disciplinary policy and a grievance procedure and if you have more than five employees you’ll also need a health & safety policy and risk assessments.
We always advocate the informal, conversational approach when dealing with minor misconduct. However, if it’s serious or your informal route hasn’t worked, your company should have a disciplinary policy in place to help you.
Each situation will differ, but the main steps to following a fair process include:
1 - Carrying out a thorough investigation.
2 - Holding a disciplinary hearing at which the employee has a right to representation, and the independent chair person makes a decision based on the evidence provided from the investigation.
3 - Offering the employee the right to appeal against any decision.
Each of these 3 stages should ideally be undertaken by a different person so that someone impartial is involved at each stage. This can be difficult if you have a limited structure, but you have the option of outsourcing any, or all of these stages to us, we can even just sit in the meeting for support if you like.
Your company should have a staff handbook containing a disciplinary procedure, the procedure should contain a list of examples of gross misconduct. The list will never cover everything, but basically, gross misconduct is something an employee does that is so bad that it leads to an irretrievable breakdown in the employee/employer relationship – for example, theft or violence.
In cases of gross misconduct, you may also need to suspend the employee on full pay pending an investigation (if there’s no other alternative). Any period of suspension should be kept as short as possible, and you must still follow a fair process of investigation, disciplinary hearing and appeal. Some cases of gross misconduct lead to dismissing the employee, so it is very important to follow the correct steps to avoid an unfair or wrongful dismissal claim.
Staff must understand what is expected of them in the first place so make sure that they are aware of any specific objectives, targets or key deliverables in their role so that they know what they are aiming for. That’s why a detailed job description is important.
Poor performance can be a result of a lack of understanding or a training need. To start with you should sit down with the member of staff informally to discuss the issues and try to find out if they know what they should be doing and if they need any support.
You can then put a performance improvement plan in place which sets out what is expected, any support or training to be given and when things will be reviewed. If performance picks up that’s great, you can sign off the plan as completed, if it doesn’t then you should start a formal process and arrange a capability hearing.
If the poor performance continues you may need to go down a formal disciplinary route when warnings can be issued.Ultimately, if there is no prospect of improvement, and you have issued the correct levels of warning previously, then you can dismiss the employee.
If this process seems too long for you to put up with as a small business, please get in touch and we can discuss shorter alternatives with you.
In the meantime, make sure that you document everything, provide support, provide a reasonable timescale for improvement and if you do dismiss then don’t forget the right of appeal.
We would always advocate the informal, conversational approach when dealing with a grievance to try and resolve things as soon as possible. However, if it’s serious or your informal route hasn’t worked, your company should have a grievance policy in place to help you.
Invite the member of staff to a meeting so that they can tell you more about the grievance and make sure to listen and find out how they think the problem can be resolved. They can be represented at the meeting and they might also provide you with evidence to consider such as emails or witness statements.
You will likely need to speak to colleagues as part of the process to investigate what has happened, make sure that the need for confidentiality is always stressed. Once you have considered everything, you should provide an outcome that tells the employee if you uphold all or parts of their grievance or not. Depending on the situation it might also be appropriate to provide some recommendations such as mediation.
There are legal timeframes to stick to when managing a grievance case, but we can help you navigate these and bring things to a happy conclusion.
If the employee disagrees with the outcome of their grievance, then they have the right to appeal. You should also ensure that each stage of the process is undertaken by a different person so that someone impartial is involved. This can be hard if you have a limited structure, but you have the option of outsourcing any or all of these stages to Tower HR.
From April 2024 making a flexible working request has been a day one right.Meaning that any employee (even a new one) can submit a flexible working request.The request must meet certain conditions e.g. it needs to be in writing, must include details of the change requested, and also the anticipated start date.2 requests can be made in a 12month period.
Ideally, you should have a policy and a template form for employees to use to make requests, as this ensures you receive all the information you need to carefully consider your employee’s request.The next step is to meet with your employee to discuss the request in detail.
If you do accept, you might do so initially on a trial basis to see how things work out or you might accept the request straight away. In either case, you should confirm things in writing, including any deadline dates or other conditions, as this ensures everyone understands the arrangement.
If you decide to decline, you should be aware that you can only decline a request based on specific legal reasons, so it is very important that you don’t just say “no!”
You should document your reasons for refusal in writing so that your employee fully understands why their request is not viable. It might be that additional costs associated with the request are unacceptable or that there would be a detrimental impact on business performance.Either way we can help you through the process.
Dealing with frequent absences can be tricky—you want to be fair and consistent while ensuring that presenteeism (coming to work unwell) doesn’t become an issue. Striking the right balance is key!
A clear sickness absence policy is essential. It should outline:
How and when employees should report their absence (e.g. who to inform and by what time).
What documentation is needed (self-certification or a fit note).
How sickness affects their pay.
Short-Term Absences
If an employee is off for 7 calendar days or less (including weekends), they don’t need a fit note. Instead, they should complete a self-certification form when they return. A return-to-work meeting is also good practice to check in and offer support.
Longer Absences & Repeated Sick Leave
After 7 days, the employee must provide a fit note from their GP.
If absences become frequent, you can use absence triggers to monitor patterns and hold discussions with the employee. If necessary, you may need to follow a disciplinary process for excessive absence.
Managing Long-Term Sickness
For extended absences, regular communication is crucial. You should:
Keep in touch with the employee.
Consider medical advice and any reasonable adjustments to support their return.
If a return isn’t possible, follow a fair and legal process before considering dismissal.
Important: If the illness is linked to a disability, additional legal obligations apply. Before making any big decisions, it’s always best to seek expert advice.
Need support? We’re happy to help!
First of all, congratulate them on their exciting news!
Then you need to do the following:
Carry out a risk assessment and review it regularly as the pregnancy progresses to ensure that mother and baby are safe in the workplace.
Collect the MATB1 form, which they will get from their midwife at around week 20 of the pregnancy.
Talk to them about their plans and entitlements for pay and leave after the birth, your company may offer statutory maternity pay or some enhanced company pay, confirm the agreed arrangements in writing.
Expectant mothers are entitled to take reasonable, paid time off work for antenatal appointments so make sure you ask your member of staff to keep you posted on when these are.Whilst on maternity leave staff can come to work and be paid for up to 10 ‘keeping in touch’ (KIT) days.You should keep in contact with your member of staff and agree on any of these days between yourselves.
When it is time to return to work, make sure you have a plan in place and discuss any flexible working arrangements, any needs around breastfeeding and expressing breast milk and anything else that might be worrying the employee so that they can be welcomed back to work as smoothly as possible.
There are only 3 legal definitions that trigger a redundancy situation. Redundancy occurs when part or all of a business is:
closing, or has already closed
the necessity to carry out a particular role is no longer needed
changing location
As an employer, you need to ensure you have a clear step by step process in place so that any redundancies are made fairly. You may also need a selection process if making multiple redundancies or if more than one person carries out a similar role.
If you are making more than 20 staff redundant you need to enter into collective consultation and inform the Redundancy Payment Service (RPS). The consultation period needs to be at least 30 days, which increases to 45 days for more than 100 redundancies.
We will always work with you to find the most cost-effective solution. Our focus is on building long-term relationships, so we keep our pricing competitive—often more affordable than you might expect!
Our retained clients pay a monthly fee based on their number of employees and predicted amount of support that they think they will need.
We have set fees for certain pieces of work and documentation but for more in-depth projects such as disciplinary cases, capability issues or restructures we like to discuss the requirements first as each piece of casework is unique.
After discussing your requirements and agreeing on a way forward we negotiate our rates based on the size of the project and the timescales predicted for the work to be completed.
All quotes are fully itemised and no work will begin until a quote has been agreed, this means that you can see the cost upfront and be guaranteed that there will be no extra surprises.
We operate virtually and in person, so we can support businesses locally and also anywhere in the UK. We are based in Wigan and cover all surrounding areas e.g Lancashire, Merseyside, Manchester. We are comfortable working virtually but equally we are happy to pop into your office for any meetings that you need on site help with.
We provide a personal service with a dedicated point of contact—you’ll have a direct mobile number and named email, not a generic advice line or shared inbox.
We take the time to truly understand your business, building strong relationships with our clients.If needed, we can also communicate directly with your employees, just like an in-house HR team would.
Plus, we don’t believe in tying clients into long-term contracts. We want you to stay with us because you value our support, not because you’re locked into an agreement.
We provide seamless HR support without needing to be physically present all the time. Thanks to modern technology, we’re always just a phone or video call away, ensuring you get the support you need when you need it. The pandemic has shown that remote working is not only possible but highly effective, and we’ve successfully supported clients across the country—some of whom we’ve never met in person!
When you come on board, we start with a comprehensive HR Health Check to assess your needs and create a tailored action plan. From there, we stay in regular contact, addressing any HR challenges and providing guidance whenever you need it.
That said, we don’t believe in being distant or disconnected. If you’d prefer a face-to-face meeting, we’re more than happy to visit your site for a brew and a catch-up—it’s all part of the personal service we provide!
We Already Have an HR Team—Can You Support Us When Needed?
Absolutely! We work alongside many businesses to provide extra support when needed, whether it's rolling out projects, covering maternity leave, handling tasks your HR team doesn’t have time for, or simply offering a second opinion.
You’ll still receive our personal, dedicated service, and we’ll collaborate with you to ensure our support is the perfect fit for your needs. Whether it's short-term assistance or ongoing expertise, we’re here to help whenever you need us.
Outsourcing your HR gives you access to experienced, qualified professionals at a fraction of the cost of hiring an in-house team. Instead of managing salaries, benefits, and training for an internal HR department, you get expert support tailored to your needs—without the overheads.
We ensure your business stays fully compliant with ever-changing employment laws, reducing risks and helping you navigate complex HR issues with confidence. Whether you need ongoing support, assistance with a one-off project, or just a second opinion, we provide as much or as little help as you need.
With no hidden fees and no employment costs, outsourcing HR is a cost-effective, stress-free solution. Many of our clients tell us they can’t imagine how they managed without us—and we’d love to show you why!
Supporting SMEs with all aspects of HR, both online and in person. From everyday queries to complex challenges, we’ve got you covered.
North West, Lancashire, Merseyside and Cheshire