HR problems pageMonday, June 13th, 2011
Here we take our monthly look at answering some of the tricky HR questions we’ve been emailed. If you have a tricky HR question you needs answering email it to firstname.lastname@example.org and we’ll post the best here with an answer each week.
Holiday pay statements
We have an arrangement whereby we pay holiday pay separately from ordinary wages. The employees know pretty well what they are entitled to but, as holiday pay is not included on their wage slips, we do not give them a written statement? Some of the employees are asking for written details. Do we have to provide this?
You certainly do. The Employment Rights Act 1996 requires you to give every employee written particulars of their pay and how it is calculated. The Act includes in pay “any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise”.
You had better get this written information to your employees pronto otherwise you will find yourself in very serious trouble.
Jobs for the boys
Some of our work is heavy and quite distasteful. We therefore do not bother to interview women or old people. We do this for their own benefit. This cannot be wrong, can it?
It most certainly can and, more accurately, is. First, you are discriminating unlawfully if you turn down someone for interview on grounds of gender or age. Second you should select people on the grounds of their capability, not on what you think they may want or can do. Interview everyone who satisfies the basic criteria for the job. If, as you say, it is distasteful, show it to them. And as the job is heavy, give everyone a realistic and appropriate test to see if they can indeed deal with the physical effort. If you have any doubts about the physical strength of women, let me have your phone number and I will send a couple of my aunts round to see you.