Below, we answer some of the top HR and Employment Law questions that we’ve been asked by HR professionals and business owners this month:

1. Can we dismiss an employee during their probationary period?

Yes, but the dismissal must still be lawful and not discriminatory.
The probation period does not remove an employee’s employment rights and employers should still:

1. follow a fair (even if shortened) process;
2. give the correct amount of notice (whether this be contractual or statutory minimum notice); and
3. ensure that the reason for dismissal isn’t automatically unfair or discriminatory.

Top tip: Ensure that probation reviews are structured and clearly document the employer’s concerns.

2. When do we need to consult with employees about a redundancy situation?

Where an employer proposes to make 20 or more redundancies within a 90 day period at one establishment it will need to follow a collective consultation process. Generally, this will include a requirement to elect and consult with employee representatives. Even if an employer does not intend to make 20 or more redundancies in a 90 day period, it must still consult individually with affected employees.

Top tip: Start the consultation early and avoid rushing through the process to ensure that the process is meaningful and carried out at a formative stage.

3. Can we deal with sickness absence under our disciplinary policy?

A sickness absence process shouldn’t be dealt with under a disciplinary policy (although it could be appropriate where the absence has triggered a disciplinary procedure due to surpassing a certain level of absences). Calling any procedure followed for sickness absence a “disciplinary” matter would give the wrong impression and could elevate the risks of an employee bringing a claim of disability discrimination for example.

Top tip: Make sure that you have a complete employee handbook containing all relevant policies including policies on managing both short and long term sickness absence and that all employees are aware of and have access to the same.

4. Do we have to pay employees for overtime?

Generally, no, unless there is a contractual entitlement to paid overtime. However, employers must ensure that employees are paid at least the National Minimum Wage for average hours worked. They should also be mindful of working time limits and rest breaks.

Top tip: Make sure that arrangements for overtime are set out clearly in your contracts of employment.