Ask The Expert with Claire & Blackadders

Holiday Allocation

Working Time Regulations don’t define what a month is, it is up to the employer to decide when this starts. There is no right or wrong answer to this. The employee is entitled to full leave as of the anniversary of the start date. Holidays can be accrued at 1/12th from the start date.

The Working Time Regulations do not stipulate a specific definition for what a “month” is, i.e. there is no specific time. Usually, this is decided at the discretion of the employer, who will decide when their working month begins. This is purely down to the purpose of calculating leave and any other time – related rights. Notably, employers are entitled to have their own parameters for this timeframe. The only rule here is that these parameters are applied consistently and fairly across the full company.

Crucially, there is no defined correct or incorrect approach for this. However, whatever your defined monthly time period is, must be communicated clearly and fairly to your workforce, ensuring that they fully understand what is being communicated.

Full annual leave entitlement begins on the anniversary of an employee’s start date. In summary, on the date they began employment, they are entitled to their full annual leave allocation. This happens every year.

Furthermore, it is possible to accrue your holiday entitlement on a monthly basis, of which this is calculated at a rate of 1/12th of each month worked. This works well in some cases as employees can slowly build up a period of leave over the year, which can ensure your employees experience a fair distribution of holiday entitlement, relevant to the time that they have worked.

Employers must have clear policies in place regarding how much leave an employee can accrue over time. In addition, the working month definition must also be clearly stated to avoid any misunderstandings. If you are seeking clarification on any of these topics, then feel free to get in contact with us and we’ll be more than happy to help.

Assistance Animals

The perfect example here is a Service Dog. This is a trained animal that will help an employee. Emotional Support Animals are not covered, as they are not trained and therefore are not defined in the legislation. An Assistance Animal is viewed the as an aid, just like a walking stick or a guide dog. If someone has an issue or is allergic to the animal, they will be asked how they will ensure they are not near the animal, i.e. the animal will be given priority. This should be treated the same as a disability issue in the workplace.

Service dogs are specifically trained to perform tasks that can help people with disability issues. The service dogs helps them to perform tasks that they might otherwise find difficult or struggle with. Tasks such as guiding visually impaired individuals, notifying hearing – impaired individuals or retrieving lost items are just some of a number of tasks that the service dogs can help assist with.

It is important to note however that emotional support animals aren’t covered under the same legislative laws as service dogs are. Emotional support animals can act as a source of comfort and support for their owners; however they do not have special training that will assist that individual during day – to – day tasks. Therefore, they are not categorised as the same as service dogs.
Next up, assistance animals, which includes service dogs, are to be considered on the same legal standing as a walking stick and / or guide dogs. These animals must be considered under disability legislation, and are, therefore, granted certain rights to ensure that people who suffer from a disability can still work effectively within their workplace.

It is also important to consider external parties, such as work colleagues, in this instance. Some colleagues may be uncomfortable with dogs being in the workplace or they may be allergic to animals. As an employer, you must address this. Legally, the first port of call must be to accommodate the assistance animal, as this is an essential part of the employee’s life and vital for helping with their disability. The affected colleague who has the issue must find ways to work around this, including ways to reduce their exposure to the animal. One solution may be working in a different part of the office. We suggest approaching this on a case – by – case basis and working out what is best for you. It is important that you approach this situation seriously and work out a solution that is best for all parties. Notably, the assistance animal and the employee with the disability must come first in your decision – making.

Dismissal and Re-Engage

There will be a new code of practice issued on 18th July 2024. This will be imposing more of a consultation process. The expectation here is that when significant changes are taking place, this new code will apply.

When applicable, it is important to engage with Union and EE reps. Dismissal should never be used as a threat. There is no direct claim for breach of the code, but Blackadders advise that this is to be consulted.

As of 18th July 2024, there will be a new code of practice in place, including enhanced requirements for the consultation process. This code emphasises the importance of having a meaningful consultation process in place, particularly when there are significant changes happening within your organisation.

Within this new code, it will be expected that employers engage in discussions with employees and their representatives, prior to putting any new changes into practice. This will include any trade unions and employee representatives, making sure that everyone can be heard. It is important that you aim to create a culture where all employee’s voices are listened to.

Whilst there is no direct legal claim associated with breaching this new code of practice, it is recommended by Blackadders that you follow their guidelines. If there is any future legal scrutiny, then you will be viewed more favourably if you have followed the new code of practice. You should you this as an opportunity to demonstrate your commitment to fair and ethical employment practices.
This new code of practice should bring with it, a more structured and inclusive consultation process when new, internal changes are being put in place. You can engage with union reps and employee representatives to help create a more welcoming and positive working environment, and also a smooth implementation of changes. You can generate healthy relationships within the workplace by maintaining the fair treatment of employees in the workplace, as advised by Blackadders.

Time Off for IVF Procedures

This is not a statutory right. However, employees must approach this matter with caution, sympathy and understanding the situation from the employee’s point of view. You must have clear guidance in place for this matter, ensuring that both employer and employee are aware of the rights surrounding this. If you do not currently have a policy for this in place, then feel free to get in contact with us via the form at the bottom of this page.

In some cases, employees may choose to not disclose personal situations to you. It is important that you understand this, understand their reasoning and aim to support them as and when the employee feels that they need it. Furthermore, approach these matters with sensitivity and ensure confidentiality is afforded to them at all times. In addition, you should always consider the mental health impact that a significant personal issue may have on an employee and remember that they may be trying to hide this from you. Always be mindful of the emotional stress that this can cause.

Moreover, employers should be mindful of discrimination and the employee’s rights in these situations. Importantly, you must remember that these circumstances can affect employees from various different backgrounds, including same – sex couples. Your policies should demonstrate that you are inclusive of all employees, irrespective of their personal circumstances.
Again, there is no legal obligation to have specific rights in place for cases like this. However, as a minimum, you must demonstrate sympathy and a duty of care for your employees. Ensure that they have confidentiality, be mindful of the mental health impact that this situation may cause, and never discriminate.

An inclusive and supportive workplace environment can work wonders for the morale and productivity of your workforce. Clearly defined policies will ensure that both employees and employers are aware of what rules and rights are in place. This will help avoid any future confusion on these matters, and also help to ensure that the employee’s wellbeing is at the forefront of all your business decisions.
If you are looking for advice on any of your policies or are looking to update your existing policies. Then please get in touch with us and we can help support you on this, making sure that you have the correct policies in place to help get the best out of your workforce and create a positive workplace environment.

You can contact us via the form at the bottom of this page.