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My employer has reduced my working week from five days to three days with very little notice. Is this legal? — by Maria Mason — last modified 2008-09-05 16:39

My employer has reduced my working week from the normal five days to three days. I was told of this on a Thursday to start the following Monday. I am a salaried employee and have been informed my salary will be reduced accordingly. Can you please tell me if this is acceptable in law?

I need to make a member of staff redundant, how can I make sure I am doing this legally and correctly? — by Maria Mason — last modified 2008-09-04 13:42

I have two members of staff. Business is not coming through so I need to make one member of staff redundant. She has been employed since May 2007. I need to make sure that I take the correct legal position and use the correct documentation as do not want to leave her on the premises once notice has been given.

My job has become redundant. My employer has offered me another role but with a salary cut - are they allowed to do this? — by Maria Mason — last modified 2008-09-03 18:00

My position at work has become redundant. My employer has offered me another role but with a salary of just over £3,000 less than my current one. Are they allowed to do this?

I am an employer and have been asked to provide a reference for an ex-employee who we sacked for poor performance. What should I put in the reference? — by Maria Mason — last modified 2008-09-03 12:20

As an employer within a small company, we have been asked to provide a reference for a previous employee who we sacked for poor performance. He subsequently took us to a tribunal claiming dismissal due to disability. This was settled before the tribunal. The reference asks specific questions that, if I answer truthfully, will harm his chances of employment. Reading some information on the net it looks as though declining a request for a reference can land me in trouble with regards previous employees who have made a complaint of this type. Can I write "no comment", or leave blank, the areas of the reference that will generate a problem? Or what would you recommend?

My company's manual states that the company has the right to search employees with consent but if an employee refuses to be searched then this will be treated as gross misconduct. Is this legal? — by Maria Mason — last modified 2008-09-02 16:35

My company's staff manual states that the company has the right to perform personal searches of the employees with the employee's consent and in the presence of at least one agreed witness. It also says that if an employee refuses to be searched, the company can treat it as gross misconduct and action can be taken against the employee. Is this legal?

Do I need to give notice when I claim for constructive dismissal or can I just walk out? — by Maria Mason — last modified 2008-09-02 12:19

Do I need to give notice when I claim for constructive dismissal or can I just walk out?

I am one of two people being made redundant. The other person has been put on gardening leave but I am being made to work. Is this legal? — by Maria Mason — last modified 2008-08-20 12:30

I am one of two people being made redundant in a department of three. The other person has been put on gardening leave during their three week notice period but I have been asked to work my six weeks notice. Is this absolutely legal, albeit unfair, and am I able to appeal this decision?

If a suspended employee has annual leave booked during period of suspension, can he unbook the leave and still go on holiday? — by Maria Mason — last modified 2008-08-19 10:23

We have an employee who has been suspended on full pay. He has annual leave booked during the likely period of suspension. Is he permitted to unbook that leave and still go on holiday?

Can a slap on the bottom be seen as sexual harassment if it wasn't done with a sexual purpose? — by Maria Mason — last modified 2008-08-18 19:40

Can a slap on the bottom be seen as sexual harassment if it wasn't done with a sexual purpose? How long does a person have before being too late to make a sexual harassment claim?

My employer has reduced my salary by £6,000 per annum without my written agreement. What action can I take? — by Maria Mason — last modified 2008-08-13 13:53

My employer has reduced my salary by £6,000 per annum without my written agreement. No new contract has been supplied and nothing has been signed by myself to accept this pay cut. I have today also been paid on the new salary scheme. Is this allowed? What action do I now need to take?

I have an employee who is very often late and has varied excuses. He has now been off sick without notifying us. What steps can I take to deal with this? — by Maria Mason — last modified 2008-08-12 10:43

We are a small business employing five people and have an employee who is very often late and always has an excuse - these are many and varied. He was sick yesterday and his wife texted to say he would not be in (I suspect this is not the truth but am unable to prove it). He did not come in today and we have heard nothing from him regarding the fact he was not going to attend work. What steps can I take to discipline him regarding this matter or is he within his rights to not call in every day he is going to be absent?

I have worked for my employer for eight years, am I entitled to more holidays? — by Maria Mason — last modified 2008-08-11 10:25

I have worked for my employer for eight years, am I entitled to more holidays? I already get 20 days a year (plus 8 bank holidays). Someone told me that I should get an extra 1-2 days after working for five years. Is this right?

I insulted some colleagues in writing but was not advised that any disciplinary action would be taken. I have now been suspended. Can my employers go back on their decision, two months later? — by Maria Mason — last modified 2008-08-08 11:41

Two months ago I made written comments regarding colleagues at work that were considered to be offensive. I admit that my actions were unprofessional. I discussed the issue with a manager, on a one to one basis, and was advised that what I had done was wrong but I was not advised that they were following any type of formal disciplinary process as a result. I have now been suspended from work following further complaints against me made by the same group of colleagues. I have yet to receive a letter from HR detailing exactly what I am accused of doing and exactly why I have been suspended. Is my employer entitled to now say that I should have been formally disciplined for the previous indiscretion? They did not choose to formally discipline me at the time of the incident, can they go back on their decision now, two months on?

What is the legal amount of time between being told you MAY be made redundant to actually being told you ARE being made redundant? — by Maria Mason — last modified 2008-08-05 11:35

What is the legal amount of time between being told you MAY be made redundant to actually being told you ARE being made redundant?

I was in charge of health & safety and I informed the HSE because a fire exit was continually blocked. I have been sacked because of this, is this right? — by Maria Mason — last modified 2008-08-04 13:35

I have worked for a company since Febuary as warehouse Head of Department. I was also asked to do the Health & Safety. The manager was forever not complying with any health & safety issues that I had implemented for the safety of the workers. This week he blocked a Fire Exit after numerous times of asking him not to, so I informed the HSE who sent out the Fire Officer and for this action my employment was terminated with immediate effect. Do I have a right to raise a grievance against the company for trying to make the work place a safer place?

Can an employer insist on my mother attending a training course but refuse to pay her for attending? — by Maria Mason — last modified 2008-08-04 11:13

My mother works at a residential home and has been told by her employer that she must attend training courses that they will pay for but they won't pay her for attending unless the course is a whole day and then they will only pay her for two hours. Is this right?

I am self-employed and need to employ someone on an 'as and when' basis. Do I have to give them holiday and sick pay? — by Maria Mason — last modified 2008-08-04 11:03

I am a self employed domestic cleaner. I am at capacity and will soon need assistance on an 'as and when basis'. As far as I can tell if I employ someone (even if only for one hour per week) I have to give them holiday pay and sick pay, is this correct?

Whilst on maternity leave I am entitled to 90% of my salary but should this include bonus payments which I received monthly? — by Maria Mason — last modified 2008-07-28 13:14

I am currently on maternity leave with my employer. During the period when I am entitled to 90% of my salary, should this include bonus payments that I regularly received on a monthly basis? I have noticed on the Government website they state 'your average weekly salary' but it is not clear whether this is the basic salary or including any bonus payments you may have been receiving.

Can an employer offer you employment at a reduced salary if your job has been made redundant and that is the alternative to redundancy? — by Maria Mason — last modified 2008-07-23 20:08

Can an employer offer you employment at a reduced salary if your job has been made redundant and that is the alternative to redundancy?

I work 16 hours a week, am I entitled to holiday pay? — by Maria Mason — last modified 2008-07-23 19:25

I have worked for my current boss for 16 months and do 16 hours a week, am I entitled to holiday pay? If so, what am I entitled to?