What do you do when an employee (past or present) comes to you with a tricky question? Does your handbook have the answer? Or do you worry a slip-up in your reply will open a tangle of legal, reputational and wellbeing issues for you and your people?
There’s one easy way to respond: talk to us. The questions we’re asked at McMillan & Associates HR cover everything from legislation to liposuction.
Below, you’ll find common things we’ve been dealing with over the last 6 – 9 months, showing you the kinds of challenges our clients face and the ways our straight talking support puts their minds at rest.
“We need to ask HR…”
I’ve received a flexible working request. Can I refuse it?
Yes. But you need to have genuine business reason to do so, and you have to follow a fair process.
Employees have a day one right to request flexible working. They can make up to two requests in a 12-month period, and you have to give a written decision within two months (unless agreed otherwise).
There are, in fact, only eight legal business reasons for refusing the request, ranging from increasing operation costs to reducing business performance. Even then, you need to meet with the
employee to discuss alternative arrangements, and consider their requests may link to characteristics protected under the Equality Act 2010.
In short, treat every request on a case-by-case basis, and follow the right legal steps. Cut out the complications and let us help you: contact lucy@mcmillanandassociateshr.com.
Can I force employees to turn their cameras on during virtual team meetings?
Usually, where there is a genuine business reason, yes you can. But, like many HR queries, there’s no cut-and-dry answer that works for every organisation on every occasion.
A recent employment tribunal decision found an employer had breached the Equality Act 2010 by “failing to properly consider reasonable adjustments for an employee with anxiety”, amounting to disability discrimination. It’s an important reminder to consider whether an employee has a protected characteristic (under the Equality Act 2010) before you adopt a blanket policy.
A case-by-case approach, backed by clear business reasons, supports employment wellbeing and reduces the risk of claims and costs. Ask lucy@mcmillanandassociateshr.com, and we’ll be able to help you.
I’ve received a subject access request (SAR). How much detail do I need to include?
An SAR (when someone asks for a copy of the personal information your organisation holds about them) can be complicated. You must respond consistently, fairly, and within legal time limits (usually, that’s within just one month).
You need to carry out a reasonable and proportionate search for their personal data, such as emails, payroll information, and even opinions and comments shared about them. You’ll also need to tell them why you have this, who you’ve shared it with, and how long you’ve kept it for.
There are, of course, legal and confidential exceptions, and you must remove or redact other people’s details before responding to the SAR.
If you’ve received an SAR and you’re unsure what to do, or you’re concerned you’re not supplying the right information, ask Team McMillan for advice.
Can an employee take paid sick leave for elective cosmetic surgery?
You may, or may not, be surprised to hear how common this question is. If the procedure is an employee’s choice – purely cosmetic and planned – you can expect them to book annual leave, or take unpaid leave, to cover the operation and any recovery period.
The complication comes when the employee may be entitled to Statutory Sick Pay (SSP) if they provide a note following the procedure. (You’ll need to check the wording of your sickness absence policy to see what’s covered here.)
You also need to remember there are exceptions, such as reconstructive surgery following an injury or illness, or procedures carried out for physical or psychological health reasons.
Check your SSP policy and ask our advice before making your decision, to check you’re acting fairly and consistently (email lucy@mcmillanandassociateshr.com).