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May 2008

Legal Statistics

  • SMP is paid for 39 weeks.  The first six weeks at 90% of the employees average weekly earnings, with no upper limit.  The remaining weeks at £117.18 from 6th April or 90%of average weekly earnings whichever is less.
  • SPP is paid for 2 weeks.  £117.18 from 6th April or 90% of average weekly earnings whichever is less.
  • Maximum weekly award for redundancy calculation  is £330.

Information and Consultation of Employees Regulations 2004

From 6th April 2008 these regulations will apply to businesses employing 50 or more employees.  Under the regulations employees have the right to request their employer to inform them of and consult with them about, business matters which affect their employment.

Arrangements to inform and consult will be different for each employer.  The duty requires an ongoing communication between you and the employee.  Inform means you should tell employees what is planned.  Consult means you should listen and take into account their views when deciding what to do.  There are a number of ways you can inform and consult for example intranet bulletins, email, team briefings and newsletters.

There are approximately seven sets of circumstances in which you have specific legal obligations to consult with employees and/or their representatives.  They are:

  • in relation to unfair dismissal
  • redundancy
  • business transfers
  • occupational pension scheme arrangements
  • health & safety representatives
  • collective bargaining
  • any other matter that affects the employee's employment

Ten Questions Not to Ask in an Interview

A recent survey revealed that many employers continue to ask in appropriate questions at interview.  This can leave companies open to discrimination claims.

Questions should be asked to focus on the skill and knowledge required. 

These questions should be avoided at all costs:

  • How old are you?
  • Are you married?
  • Are you gay?
  • What are your child care arrangements?
  • Are you planning to start a family soon?
  • Are you a member of a trade union?
  • Do you have any disabilities?
  • What religion are you?

 

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