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Menstruation and menstrual health support in the workplace
Menstruation and menstrual health support in the workplace
Practical steps employers can take to provide support around menstrual health-related symptoms and conditions in the workplace.
By offering appropriate support around menstrual health-related symptoms and conditions in the workplace, employers can enable employees to work at their best, minimise absence and prevent the loss of key talent.
Steps for workplace menstruation and menstrual health support
Build an open and inclusive culture
Employers must develop a workplace culture that encourages open conversations and psychologically supportive conditions. Employees working in such an environment are more likely to talk about menstrual health-related symptoms and conditions, as well as specific physical or mental health symptoms, or ask for adjustments to enable them to continue working without fearing criticism, ridicule, or discrimination.
Staff should feel able to talk and be comfortable approaching colleagues and human resources with the knowledge they will be listened to and receive appropriate support and understanding.
Raise awareness and end the taboos and stigma
There are several ways an employer can raise menstrual health awareness in the workplace, including:
- Gain buy-in and support from senior managers. This commitment helps to foster positive attitudes towards menstruation and menstrual health conditions.
- Provide facilities where employees can access menstrual products.
- Establish a staff network supported by allies where people can meet to discuss issues, and challenges and share experiences.
- Acknowledge menstrual health as a normal life experience in wellness discussions or blogs.
- Promote and engage with specific days or weeks for dedicated menstrual health issues.
- Consider developing a menstruation and menstrual health policy and ensure employees know about it and can easily access it.
Provide training and support for line managers
Tailored training for line managers on menstrual health will ensure they are confident and comfortable discussing it in the workplace. They will also better understand the impact on those employees with ongoing menstrual health conditions and how challenges should be addressed sensitively and confidentially.
Ensure line managers are trained to support all employees based on individual needs and know where to go for further information or support, for example, human resources, health and safety, occupational health, and external providers.
Managers should be alert to and act swiftly to address inappropriate jokes, remarks, or banter on menstruation and menstrual health in the workplace.
Employers should respect that menstrual health is a private matter for some employees, even as they strive to normalise it as a topic of conversation in the workplace.
Practical support and workplace policies
In many cases, menstruation will be self-managed by the employee privately without needing workplace support. However, there are ways in which an employer can make the workplace supportive. These include:
- access to well-maintained toilets, washrooms or changing facilities
- provide easy and free or subsidised access to menstrual products as well as hygienic disposal in all toilets and changing facilities
- provide fresh drinking water and facilities to make hot drinks
- consult with employees on uniform design
- have a spare supply of uniforms, of diverse sizes
- ensure suitable rest breaks between shifts
- offer flexible working arrangements, including location and tasks
- review risk assessment, where these are deemed necessary
- introduce workplace menstruation champions with relevant training and resources
- offer access to a quiet space for short breaks, if needed, during the working day
- staff health and wellbeing surveys to include menstrual health to ensure workplace needs are being met
- implement a menstruation and menstrual health policy with input from employees and, where applicable, workplace representatives
- cross reference the menstruation and menstrual health policy with other relevant workplace policies, such as those relating to health and wellbeing, menopause transition, sickness absence, performance management, and flexible working to ensure a fair and consistent approach
Performance and absence management
It is important to avoid assuming that an employee's performance may be affected by their menstrual health or symptoms. However, it is worth acknowledging that women may experience a range of uncomfortable symptoms that can be challenging, particularly while at work. Performance management should focus on supporting employees to perform their best, including addressing any underlying health issues.
Absence management policies that include trigger points are likely to be of concern to employees with long-term menstrual health conditions. A flexible and individualised approach can prevent presenteeism and avoid unfairly penalising employees with ongoing menstrual health conditions.
Monitor and review
You should monitor and review the effectiveness of workplace policies and procedures to ensure they are aligned with other relevant policies, remain fit for purpose, and are communicated to all line managers and staff.
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Menopause in the workplace
Why employers should address menopause in the workplace and how to support staff affected by menopausal symptoms.
The menopause is a natural stage of life that is usually experienced by women between 45 and 55 years of age. However, some women can experience the menopause before 40 years of age.
Why should employers consider menopause in the workplace?
Most women will experience menopausal symptoms. However, it can affect people differently, and no two people will experience it in the same way. Some of these symptoms, which may be physical, psychological, emotional, and cognitive can be quite severe and have a significant impact on everyday activities.
Employers have a legal duty of care to their employees under health and safety law and must ensure menopausal symptoms are not made worse by workplace conditions and/or work practices. Employers must also make reasonable adjustments to help employees manage their symptoms when doing their job. See employers’ health and safety responsibilities.
Statutory equality law does not expressly provide protection for menopause, but as menopause is a female condition, any detrimental treatment of a woman related to menopause could represent direct or indirect sex discrimination. If a woman experiences serious symptoms from the menopause transition that amount to a mental or physical impairment, which has a substantial and long-term adverse effect on her ability to carry out day-to-day activities, this could be classed as a disability under the Disability Discrimination Act 1995 (as amended for Northern Ireland). Failure to make reasonable adjustments could lead to a discrimination claim. See prevent discrimination and value diversity.
It also makes good business sense to try to understand and accommodate the needs of staff experiencing menopausal symptoms. An employer who does this is likely to gain greater staff loyalty, lower absenteeism rates, and higher productivity. It will also help you retain valuable talent.
Recognise and address menopause as a workplace issue
There are a number of actions that you can take to support employees affected by menopause. These have been outlined below.
Review current employment policies and procedures
To determine if there are adjustments you could make to support staff experiencing menopausal symptoms. Developing a workplace wellbeing policy that recognises menopause and actively involves staff in the development process is a good starting point.
Risk assessment
Carry out a risk assessment that considers the specific needs of menopausal women. This will fulfil your legal responsibility for health and safety and also ensure an employee’s symptoms aren’t being exacerbated by their job. See health and safety risk assessment.
Raise menopause awareness
Break the stigma by raising awareness of menopause within the workplace which will encourage openness in challenging negative and stereotypical attitudes. Information and education about menopause should be included as part of the organisation’s diversity and inclusion training for the whole workforce.
Communication
Have regular and informal one-to-one meetings with staff as this can provide the opportunity for someone to raise changes in their health situation including menopause. Employers should communicate their positive attitude towards menopause so that all employees know that their employer is supportive of the issue.
Access to support and guidance
Sometimes staff may find it difficult to know where to start to find information and advice on menopause so consider providing your staff with access to trusted online resources on the topic. You could make this available through a dedicated company intranet page with signposts to trusted external expertise and guidance.
Support from senior management
Get buy-in and support from senior management in your organisation. This will help raise awareness and develop positive attitudes towards the menopause. Senior management support can also facilitate an open, inclusive, and supportive culture.
Identify appropriate adjustments
Some adjustments you could make would be considering shift patterns, offering flexible working, making sanitary products available in washrooms, or having temperature-controlled areas. Remember that each individual can be affected differently so you should always tailor any adjustments to an individual’s specific needs.
Training
Provide line managers with effective training so they have a broad understanding of menopause and the reasons why this is an important workplace issue. Line managers need to be confident as well as competent in having sensitive conversations to support staff experiencing menopausal symptoms. Knowing risk assessments and practical adjustments can be helpful. Extending training to all staff can help raise menopause awareness across the organisation.
Performance management
There should never be assumptions about how an individual’s performance has been impacted but it should be recognised that women can experience a wide range of uncomfortable symptoms that can pose a challenge to their daily lives including at work. Performance management should be a positive process and the focus must be on the support needed to help everyone perform to the best of their ability, including taking on board any underlying health issues.
Menopause guidance for employers
The Irish Congress of Trade Unions, the Equality Commission for Northern Ireland, and the Labour Relations Agency have produced guidance for employers, employees, and trade union representatives to help promote equality in employment for women affected by menopause.
The guidance includes:
- information on menopause in terms of staff health and safety
- equality considerations for employers
- checklist to help employers examine if current policies and procedures meet the needs of women with menopausal symptoms
- best practice examples from local organisations implementing menopause policies
- tribunal decisions related to menopause
- links to further advice and guidance
Download Promoting Equality in Employment for Women Affected by Menopause (PDF, 1.46MB).
The Chartered Institute of Personnel and Development (CIPD) also has guidance on the menopause at work: guide for people professionals and menopause at work: guide for people managers.
The Equality and Human Rights Commission (EHRC) has published menopause in the workplace: guidance for employers.
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Fertility treatment and the workplace
Health and safety of pregnant workers
Employers' additional health and safety obligations towards pregnant workers and female workers of childbearing age.
You have a legal duty to protect the health and safety of pregnant mothers at work. This includes workers who could be pregnant as well as those who you know are pregnant.
Workplace risk assessment
Some substances, processes, and working conditions may affect human fertility as well as pose a risk to a pregnant worker and/or her unborn child. Therefore, you must think about the health of women of childbearing age, not just those who have told you that they are pregnant.
If you employ women of childbearing age, you should, as part of your normal risk assessment, consider if any work is likely to present a particular risk to them - whether or not they might be pregnant.
As part of your legal duty to take measures to protect your workers, all employers must undertake a workplace risk assessment for their pregnant employees. For further information see risk assessment for pregnant workers and new mothers - employer guidance from the Health and Safety Executive NI (HSENI).
Notification from a pregnant worker
You should also encourage workers, eg via your fertility policy, pregnancy at work, maternity policy or staff handbook, to notify you as soon as possible if they become pregnant. This is so you can identify if any further action is needed.
You are entitled to ask a pregnant worker to provide:
- notification of her pregnancy in writing
- a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant
Note that you do not have to:
- begin to take any action in relation to a particular pregnant worker's health and safety until she gives you written notification
- maintain any action in relation to her where she has failed to give you the certificate within a reasonable period of time - although you must have requested in writing to see the certificate
However, even if a pregnant worker has not formally notified you of her pregnancy, it is good practice to do a risk assessment for her if you become aware that she is pregnant.
Once a worker notifies you that she is pregnant, you should review the risk assessment for her specific work and identify any changes that are necessary to protect her health and that of her unborn baby. Involve the worker in the process and review the assessment as her pregnancy progresses to see if any further adjustments are needed.
For more information on health and safety risk assessments, see health and safety risk assessment.
Pre-maternity leave meeting
It is good practice for an employer to hold a pre-maternity leave meeting with an employee to discuss and agree issues such as:
- handover and cover for her work during maternity leave
- keeping in touch days (including the employee's preferred contact details and method)
- receiving work related information
- employees right to shared parental leave
- annual leave
Potential hazards for pregnant workers
Things that might be hazardous to female employees - and pregnant workers in particular - include:
- mental and physical fatigue caused by long working hours
- night-time working
- work-related stress
- skin protection from sun exposure when working outdoors
- excessive noise
- extremes of cold and heat
- threat of violence in the workplace
- exposure to harmful substances, eg lead, radioactive materials, toxic chemicals like mercury and pesticides, infectious diseases, carbon monoxide, and antimitotic (cytotoxic) drugs
- exposure to radiation
- lifting/carrying heavy loads
- working at heights
- exposure to infectious diseases
- sitting or standing still for long periods of time
- unhealthy workstations or posture
- lone working
- exposure to vibration
If you identify a risk that could cause harm to your worker or their child, you must decide if you can control it. If you cannot control or remove the risk, you must do the following: eg adjust working conditions or working hours to avoid the risk or offer her suitable alternative work.
If this isn't possible, you must suspend the worker on paid leave for as long as necessary to protect their health and safety and that of their child.
Managing the health and safety of pregnant workers and new mothers - HSENI employer guidance.
Rest facilities for pregnant and breastfeeding mothers
You're required by law to provide somewhere for pregnant and breastfeeding mothers to rest.
Pregnant workers and breastfeeding mothers are entitled to more frequent rest breaks. You should talk to them so you can agree on the timing and frequency.
You are legally required to provide a suitable area where employees can rest, including somewhere to lie down if necessary. You must provide a private, hygienic, and safe room for nursing mothers to express milk if they choose to and somewhere to store breast milk, eg a fridge. Toilet facilities are not a suitable or hygienic place for this purpose.
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Medical suspension on maternity grounds
When an employee who is pregnant, or has recently given birth, or who is breast-feeding may have to be suspended from work on maternity grounds.
Where an expectant or new mother would be exposed to risk if she continued to perform her contractual duties, the employer is obliged to alter her working conditions or working hours if it is reasonable to do so and if it would avoid the risk. If it is not reasonable to make alterations, the employer must offer the employee suitable alternative work, or if that isn't possible, suspend the employee from work for as long as necessary to avoid the risk.
Right to the offer of alternative work
Where an employer has available suitable alternative work for an employee, the employee has a right to be offered the alternative work before being suspended from work on maternity grounds. For alternative work to be suitable for an employee for this purpose:
- the work must be of a kind that is both suitable in relation to her and appropriate for her to do in the circumstances, and
- the terms and conditions applicable to her for performing the work, if they differ from the corresponding terms and conditions applicable to her for performing the work she normally performs under her contract of employment, must not be substantially less favourable to her than those corresponding terms and conditions
In summary, an employee who is pregnant, has recently given birth, or who is breastfeeding may have to be suspended from work on maternity grounds if continued attendance might damage her, or the baby's health.
In general, the duty to suspend from work does not arise unless and until the employee has given the employer written notice that she is pregnant, has given birth within the previous six months, or is breastfeeding.
An employee who is suspended is entitled to full pay, which includes any bonuses or commissions they would have been paid. Their suspension should last until the risk to them, or their baby has been removed.
If the employee unreasonably refuses suitable alternative work the employer doesn't have to pay them.
An employee is entitled to make a complaint to an industrial tribunal if there is suitable alternative work available which her employer has failed to offer her before suspending her from work on maternity grounds. They can also complain to an industrial tribunal if they don't get the right amount of pay.
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Employees' right to paid time off for antenatal care
A pregnant employee is entitled to paid time off to attend antenatal care appointments during working hours.
All pregnant employees have the right to reasonable paid time off to attend antenatal care appointments. Employers should bear in mind that the right to paid time off is a right to be permitted time off during working hours and it will not be reasonable for the employer to avoid this by rearranging the individual's working schedule or requiring her to make up lost time.
Antenatal care covers not only medical examinations related to the pregnancy but also, for example, relaxation classes and parent-craft classes. There is no service requirement for this right.
However, the right to time off only applies if the appointment is recommended by a registered midwife, health visitor, registered nurse, or registered medical practitioner (eg a doctor).
Therefore, you are entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.
You can request that the employee show you:
- written documentation from a registered medical practitioner, a midwife, or a health visitor confirming that she is pregnant
- an appointment card or some other document showing that an appointment has been made
Reasonable time off for medical appointments
The law does not set out what 'reasonable' means regarding time off. Employees must request the time off and have a right not to be unreasonably refused time off. Tribunals are likely to find it unreasonable if an employer refuses to allow time off for appointments that are based on medical advice. Part-time employees should not be pressured to take appointments on their days off.
The amount of time off will depend on the time that the appointment is made, and it will not be unreasonable for an employer to expect an employee to attend for the part of the day that they can outside the appointment time. Time off also includes travelling time and waiting time for appointments. Abuse of the time off provisions may normally be handled under the absence management procedures but should be handled with caution.
Payment during time off
You must pay the employee her normal hourly rate during the period of time off for antenatal care.
Where the employee is paid a fixed annual salary, she should simply be paid as normal. In other cases calculate the rate by dividing the amount of a week's pay by the number of the employee's normal working hours in a week. The normal working hours will usually be set out in her contract of employment.
If her weekly working hours vary, you should average them over the previous 12 complete working weeks. If the employee has yet to complete 12 weeks' service, estimate the average considering:
- what could be reasonably expected from her contract of employment
- the work pattern of any fellow employees in comparable jobs
Overtime is counted only if it is required and contractually guaranteed.
Labour Relations Agency (LRA) guidance on time off work rights and responsibilities.
Complaints relating to time off for antenatal care
A pregnant employee could bring an unlawful discrimination and/or unfair dismissal claim to a tribunal if you:
- dismiss her or treat her unfairly because she tried to exercise her right to time off for antenatal care
- unreasonably refuse her time off for antenatal care
- deny her normal rate of pay during such time off
A pregnant employee can bring a claim regardless of whether or not:
- she actually has exercised the right to paid time off for antenatal care
- that right has actually been infringed
All she has to have done is act in good faith in seeking to assert the right.
See pregnant workers, dismissal and discrimination.
Time off to accompany to antenatal appointments
Following changes to the Work and Families Act (Northern Ireland) 2015, both employees and Agency workers, who have a qualifying relationship with the pregnant woman or her expected child, have the right to unpaid time off to attend up to two antenatal appointments. an agency worker will have rights to antenatal medical appointments and antenatal classes, after completing a 12-week qualifying period on the same assignment if they cannot reasonably arrange them outside working hours. The employee or agency worker must request the time off and cannot simply rely on these provisions as an after-the-fact justification for the absence from work.
A person in a qualifying relationship would include:
- the husband or civil partner of the pregnant woman
- a person who lives with the pregnant woman in an enduring family relationship (including same-sex couples) but is not a relative of that woman
- the father of the expected child
- a woman who is deemed to be the parent of the expected child under the Human Fertilisation and Embryology Act 2008
- either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order)
The time off for each appointment is capped at 6.5 hours.
Spouse or civil partner
Although the regulations state that a person is in a qualifying relationship with a pregnant woman if he or she is the husband or civil partner of that woman, it is presumably the case that this category would also extend to the wife of the pregnant woman. Paragraph 7.1 of Part 2 of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, provides that any reference in legislation to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.
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Pregnant workers, dismissal and discrimination
How employers can ensure they stay on the right side of sex discrimination law and appropriately support pregnant workers.
You must not treat a worker unfairly because she is pregnant. This may result in a claim of sex discrimination. Such unfair treatment includes dismissal.
Pregnancy and dismissal
It is an automatically unfair dismissal if you dismiss - or select for redundancy - an employee solely or mainly:
- for a reason relating to her pregnancy
- because she tried to assert her right to paid time off for antenatal care - see employees' right to paid time off for antenatal care
Only employees can claim unfair dismissal, but all workers can claim unlawful sex discrimination if they are dismissed or treated unreasonably for a reason relating to their pregnancy.
Sex discrimination
It amounts to unlawful sex discrimination if you:
- treat a pregnant worker unfairly for a reason relating to her pregnancy
- dismiss a pregnant worker solely or mainly for a reason relating to her pregnancy
- dismiss - or select for redundancy - a pregnant employee solely or mainly for a reason relating to her pregnancy
- dismiss - or select for redundancy - a pregnant employee solely or mainly because she tried to assert her right to paid time off for antenatal care - see employees' right to paid time off for antenatal care
- refuse to interview or employ a job applicant solely or mainly on the grounds that she is pregnant (or you believe that she may be, or may become, pregnant)
You can never justify this type of discrimination.
As pregnancy-related dismissals are discriminatory, it's likely that a pregnant employee would not only claim unfair dismissal but also unlawful sex discrimination. There is a limit on the amount of compensation a tribunal can award for unfair dismissal but not for unlawful discrimination.
A pregnant worker would only be able to claim unlawful sex discrimination, but there is still no limit on any tribunal compensation they might receive.
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Breastfeeding and the workplace
How employers can support employees to continue breastfeeding on their return to work after maternity leave.
There are business benefits for employers who take proactive steps to discuss and promote breastfeeding with employees returning from maternity leave to help facilitate their transition back to work.
Business benefits
- Increased motivation of employees and a better working culture, leading to greater flexibility and better communication.
- Health and wellbeing benefits to your employees.
- Reduction in absenteeism and staff turnover.
- Increased quality, greater levels of innovation and creativity, and improved productivity.
- Overall improved customer service.
- Raised public image of the company and competitive advantage, making it more attractive as an employer of choice.
- Contributes to an inclusive working culture.
Breastfeeding and rest periods
Employers are required by law to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down.
Although there is no legal right for an employee to take time off from their job in order to breastfeed, express milk for storage and later use, or take rest periods you should consider adapting working hours to enable an employee to continue to breastfeed or express milk. A refusal to adapt working hours could be indirect sex discrimination unless the employer can show the refusal is justified by the needs of the business.
Breastfeeding facilities
Employers are legally required to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down. Employers should consider providing a private, healthy and safe environment for employees to express and store milk, for example, it is not suitable for new mothers to use toilets for expressing milk.
Breastfeeding workplace policy
It is good practice to have a written workplace policy on breastfeeding clearly outlining the employer and employee's responsibilities. This will provide clarity around how requests can be made and will be considered by the employer. This will assist you in making objective, correct, and fair decisions. Implementing such a workplace policy demonstrates your principles and commitment as an employer to supporting employees who are breastfeeding to help create a positive and inclusive workplace where discrimination in any form is unacceptable and will not be tolerated.
Workplace health and safety for breastfeeding employees
There may be a number of risk factors in the workplace that may be harmful to a breastfeeding employee or her child’s health. You should take steps to identify these risks and consider how you can remove them for the safety of your employees.
For further information, see health and safety of pregnant workers.
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Fertility treatment and the workplace
How employers can support employees undergoing fertility treatment.
A woman undergoing fertility treatment, such as in vitro fertilisation (IVF), is treated as being pregnant after fertilised eggs have been implanted. If the implementation fails, the protected period, during which a woman must not be treated unfavourably on the grounds of her pregnancy, ends two weeks later.
It is unlawful sex discrimination for employers to treat a woman less favourably because she is undergoing fertility treatment or intends to become pregnant. A woman will be entitled to paid time off for antenatal care only after the fertilised embryo has been implanted. See having a child through IVF.
Supporting employees going through fertility treatment
For employees undertaking fertility treatment, it can be a long and difficult road both emotionally and physically. There will be obvious practicalities of medical appointments, getting used to new medications, and perhaps undergoing medical procedures. Employer understanding, support, and flexibility can often make a significant difference to someone at a difficult and potentially challenging time of their life. It's not just women who may require support, their partner may also require support and understanding in their difficult journey through fertility treatment.
Due to the personal nature of fertility treatment, employers should recognise and respect that employees have a right to privacy and may choose not to ask for support or wish for the matter to remain confidential. However, developing a compassionate culture with explicit support for employees going through fertility treatment can help overcome the taboo and encourage individuals to access the support they need.
Having a clear policy in place which tells people about the support the employer can offer, might go some way to breaking down the barriers, provided they feel their employer can be trusted to treat them fairly and they won't be penalised in some way. Raising awareness of fertility treatment amongst your workforce and equipping line managers on what to say and how to offer support through appropriate education and training can also help employees open up and feel comfortable asking for help.
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Menopause in the workplace
Menstruation and menstrual health support in the workplace
Practical steps employers can take to provide support around menstrual health-related symptoms and conditions in the workplace.
By offering appropriate support around menstrual health-related symptoms and conditions in the workplace, employers can enable employees to work at their best, minimise absence and prevent the loss of key talent.
Steps for workplace menstruation and menstrual health support
Build an open and inclusive culture
Employers must develop a workplace culture that encourages open conversations and psychologically supportive conditions. Employees working in such an environment are more likely to talk about menstrual health-related symptoms and conditions, as well as specific physical or mental health symptoms, or ask for adjustments to enable them to continue working without fearing criticism, ridicule, or discrimination.
Staff should feel able to talk and be comfortable approaching colleagues and human resources with the knowledge they will be listened to and receive appropriate support and understanding.
Raise awareness and end the taboos and stigma
There are several ways an employer can raise menstrual health awareness in the workplace, including:
- Gain buy-in and support from senior managers. This commitment helps to foster positive attitudes towards menstruation and menstrual health conditions.
- Provide facilities where employees can access menstrual products.
- Establish a staff network supported by allies where people can meet to discuss issues, and challenges and share experiences.
- Acknowledge menstrual health as a normal life experience in wellness discussions or blogs.
- Promote and engage with specific days or weeks for dedicated menstrual health issues.
- Consider developing a menstruation and menstrual health policy and ensure employees know about it and can easily access it.
Provide training and support for line managers
Tailored training for line managers on menstrual health will ensure they are confident and comfortable discussing it in the workplace. They will also better understand the impact on those employees with ongoing menstrual health conditions and how challenges should be addressed sensitively and confidentially.
Ensure line managers are trained to support all employees based on individual needs and know where to go for further information or support, for example, human resources, health and safety, occupational health, and external providers.
Managers should be alert to and act swiftly to address inappropriate jokes, remarks, or banter on menstruation and menstrual health in the workplace.
Employers should respect that menstrual health is a private matter for some employees, even as they strive to normalise it as a topic of conversation in the workplace.
Practical support and workplace policies
In many cases, menstruation will be self-managed by the employee privately without needing workplace support. However, there are ways in which an employer can make the workplace supportive. These include:
- access to well-maintained toilets, washrooms or changing facilities
- provide easy and free or subsidised access to menstrual products as well as hygienic disposal in all toilets and changing facilities
- provide fresh drinking water and facilities to make hot drinks
- consult with employees on uniform design
- have a spare supply of uniforms, of diverse sizes
- ensure suitable rest breaks between shifts
- offer flexible working arrangements, including location and tasks
- review risk assessment, where these are deemed necessary
- introduce workplace menstruation champions with relevant training and resources
- offer access to a quiet space for short breaks, if needed, during the working day
- staff health and wellbeing surveys to include menstrual health to ensure workplace needs are being met
- implement a menstruation and menstrual health policy with input from employees and, where applicable, workplace representatives
- cross reference the menstruation and menstrual health policy with other relevant workplace policies, such as those relating to health and wellbeing, menopause transition, sickness absence, performance management, and flexible working to ensure a fair and consistent approach
Performance and absence management
It is important to avoid assuming that an employee's performance may be affected by their menstrual health or symptoms. However, it is worth acknowledging that women may experience a range of uncomfortable symptoms that can be challenging, particularly while at work. Performance management should focus on supporting employees to perform their best, including addressing any underlying health issues.
Absence management policies that include trigger points are likely to be of concern to employees with long-term menstrual health conditions. A flexible and individualised approach can prevent presenteeism and avoid unfairly penalising employees with ongoing menstrual health conditions.
Monitor and review
You should monitor and review the effectiveness of workplace policies and procedures to ensure they are aligned with other relevant policies, remain fit for purpose, and are communicated to all line managers and staff.
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Menopause in the workplace
Why employers should address menopause in the workplace and how to support staff affected by menopausal symptoms.
The menopause is a natural stage of life that is usually experienced by women between 45 and 55 years of age. However, some women can experience the menopause before 40 years of age.
Why should employers consider menopause in the workplace?
Most women will experience menopausal symptoms. However, it can affect people differently, and no two people will experience it in the same way. Some of these symptoms, which may be physical, psychological, emotional, and cognitive can be quite severe and have a significant impact on everyday activities.
Employers have a legal duty of care to their employees under health and safety law and must ensure menopausal symptoms are not made worse by workplace conditions and/or work practices. Employers must also make reasonable adjustments to help employees manage their symptoms when doing their job. See employers’ health and safety responsibilities.
Statutory equality law does not expressly provide protection for menopause, but as menopause is a female condition, any detrimental treatment of a woman related to menopause could represent direct or indirect sex discrimination. If a woman experiences serious symptoms from the menopause transition that amount to a mental or physical impairment, which has a substantial and long-term adverse effect on her ability to carry out day-to-day activities, this could be classed as a disability under the Disability Discrimination Act 1995 (as amended for Northern Ireland). Failure to make reasonable adjustments could lead to a discrimination claim. See prevent discrimination and value diversity.
It also makes good business sense to try to understand and accommodate the needs of staff experiencing menopausal symptoms. An employer who does this is likely to gain greater staff loyalty, lower absenteeism rates, and higher productivity. It will also help you retain valuable talent.
Recognise and address menopause as a workplace issue
There are a number of actions that you can take to support employees affected by menopause. These have been outlined below.
Review current employment policies and procedures
To determine if there are adjustments you could make to support staff experiencing menopausal symptoms. Developing a workplace wellbeing policy that recognises menopause and actively involves staff in the development process is a good starting point.
Risk assessment
Carry out a risk assessment that considers the specific needs of menopausal women. This will fulfil your legal responsibility for health and safety and also ensure an employee’s symptoms aren’t being exacerbated by their job. See health and safety risk assessment.
Raise menopause awareness
Break the stigma by raising awareness of menopause within the workplace which will encourage openness in challenging negative and stereotypical attitudes. Information and education about menopause should be included as part of the organisation’s diversity and inclusion training for the whole workforce.
Communication
Have regular and informal one-to-one meetings with staff as this can provide the opportunity for someone to raise changes in their health situation including menopause. Employers should communicate their positive attitude towards menopause so that all employees know that their employer is supportive of the issue.
Access to support and guidance
Sometimes staff may find it difficult to know where to start to find information and advice on menopause so consider providing your staff with access to trusted online resources on the topic. You could make this available through a dedicated company intranet page with signposts to trusted external expertise and guidance.
Support from senior management
Get buy-in and support from senior management in your organisation. This will help raise awareness and develop positive attitudes towards the menopause. Senior management support can also facilitate an open, inclusive, and supportive culture.
Identify appropriate adjustments
Some adjustments you could make would be considering shift patterns, offering flexible working, making sanitary products available in washrooms, or having temperature-controlled areas. Remember that each individual can be affected differently so you should always tailor any adjustments to an individual’s specific needs.
Training
Provide line managers with effective training so they have a broad understanding of menopause and the reasons why this is an important workplace issue. Line managers need to be confident as well as competent in having sensitive conversations to support staff experiencing menopausal symptoms. Knowing risk assessments and practical adjustments can be helpful. Extending training to all staff can help raise menopause awareness across the organisation.
Performance management
There should never be assumptions about how an individual’s performance has been impacted but it should be recognised that women can experience a wide range of uncomfortable symptoms that can pose a challenge to their daily lives including at work. Performance management should be a positive process and the focus must be on the support needed to help everyone perform to the best of their ability, including taking on board any underlying health issues.
Menopause guidance for employers
The Irish Congress of Trade Unions, the Equality Commission for Northern Ireland, and the Labour Relations Agency have produced guidance for employers, employees, and trade union representatives to help promote equality in employment for women affected by menopause.
The guidance includes:
- information on menopause in terms of staff health and safety
- equality considerations for employers
- checklist to help employers examine if current policies and procedures meet the needs of women with menopausal symptoms
- best practice examples from local organisations implementing menopause policies
- tribunal decisions related to menopause
- links to further advice and guidance
Download Promoting Equality in Employment for Women Affected by Menopause (PDF, 1.46MB).
The Chartered Institute of Personnel and Development (CIPD) also has guidance on the menopause at work: guide for people professionals and menopause at work: guide for people managers.
The Equality and Human Rights Commission (EHRC) has published menopause in the workplace: guidance for employers.
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Advantages of dealing with conflict early on
In this guide:
- Managing conflict
- Spotting signs of conflict
- Advantages of dealing with conflict early on
- Causes of conflict in the workplace
- Preventing conflict
- Conflict between groups and individuals in the workplace
- Managing conflict between individuals
- Managing conflict between groups
- Managing conflict: formal complaints procedures
- Managing conflict: five top tips
Spotting signs of conflict
Identifying the symptoms of conflict in the workplace.
Conflict can arise at work for a number of reasons. For instance, two employees may have a personality clash, an employee may have a grievance against their manager, or a manager feels an employee is underperforming. Workplace conflict could also happen when there is a rivalry between teams or a lack of trust between workers and management.
Sometimes the signs of the conflict can be visible - for example, in an argument between colleagues, a meeting that turns into a stand-off, or when colleagues send angry emails to each other. Other conflicts can be harder to discover - for example, one team could withdraw from contact with the rest of the business, or there might be an increase in staff absence from work.
Signs of workplace conflict
Conflict can have a negative impact on your employees, and this may be demonstrated by:
- a lack of motivation - fewer people volunteer to take on new tasks, and there is little employee input at team meetings or briefings
- unpleasant behaviour - people start to make derogatory remarks towards each other and there are fewer social events organised
- falling productivity - there are likely to be more queries and complaints if people are not cooperating with each other
- increased sick leave and absence of staff - unhappiness may lead to depression or stress
- increased level of grievances from staff in a particular area/section
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Advantages of dealing with conflict early on
Advantages of addressing conflict in the workplace as early as possible.
By spotting signs of conflict early, you have a better chance of:
- identifying the causes
- resolving the conflict
- reaching an agreement
Some managers will find it easier than others to pick up signs of conflict, and there is often an element of doubt.
As a manager you are more likely to be able to interpret the behaviour of your employees if you have regular channels for open communication and consultation. By listening to the views of your employees at an early stage - before issues become potential problems - you can gauge future reaction to proposed changes.
Employee feedback forms or questionnaires may also help you to understand the situation and stop future conflict arising - see preventing conflict.
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Causes of conflict in the workplace
By understanding and identifying the causes of conflict in the workplace you are better placed to prevent conflict.
Every employee has needs and certain expectations at work, and conflict could arise in the workplace when people feel that these are not being met or are being ignored.
What causes workplace conflict?
Conflict in the workplace could be the result of:
- poor management
- unfair treatment
- unclear job roles
- inadequate training
- poor communication
- poor work environment
- lack of equal opportunities
- bullying and harassment
- significant changes to products, organisational charts, appraisals or pay systems
Major causes of workplace conflict
Other major causes of conflict in the workplace include:
Personality clashes
The 'personality mix' within a team can be upset when a new member of staff joins or if two colleagues suddenly fall out. Individuals may also respond to difficult or challenging situations in an unhelpful or unproductive way.
Unrealistic needs and expectations
Conflict at work can often be caused when employers ignore the needs of employees or set unrealistic expectations. For example, arranging hours that make it difficult for employees to carry out childcare responsibilities.
Business values
Most people have very clear ideas about what they think is fair, and your organisation's procedures and policies must reflect this. For example, giving someone a fair hearing or explaining the reasoning behind a decision.
Unresolved workplace issues
For example, an employee might ask to be moved to another team because of their manager's 'aggressive' leadership style. However, the employee may have other reasons - for example, they may blame their manager for a lack of training or career progression.
Increase in workload
Sometimes workplace conflict is caused because people feel they are being pushed too hard and resentment sets in if they feel their workload is unmanageable.
Establish the root cause of workplace conflict
It is important to understand the root cause of an individual's or group's unhappiness. For example, a person in a team may seem to be struggling with an unmanageable workload, but they may be resentful of another employee who appears to have less work to do. It may also be a result of organisational changes, restructuring, or promotions given to other staff.
To help you manage workplace conflict, look at the previous relationship between the employee and their manager, and their peers for signs of past conflict and feelings that may influence them.
Prevent workplace conflict
You can put policies and procedures in place to help prevent and manage workplace conflict. For more information see preventing conflict.
Coping with change
Change can make employees feel vulnerable and uncertain, as they worry about their future career prospects. Therefore, managers should communicate and consult with employees about future changes so that they don't feel alienated and raise grievances.
Read more on change management.
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Preventing conflict
How to learn from dealing with conflict and prevent it from happening.
To minimise and prevent conflict in the workplace, you should try to learn as much as you can about why conflicts occur and develop processes to help you address them. Common action points that employers should consider are:
- developing a strategy for managing conflict with managers, employees, and your representatives
- having sound policies and procedures in place
- explaining plans for change and plans for training to managers and employees to make everyone feel involved
- listening and consulting with employees on decision-making - see inform and consult your employees
- rewarding fairly with pay or bonus schemes - see implement staff incentive schemes
- ensuring work safety and managing the welfare of your staff
- ensuring that managers are properly trained and able to handle management responsibilities
Improving workplace conditions
You can also improve your working environment and develop interpersonal relationships by:
- valuing employees and thinking about the business culture of the workplace
- treating people fairly
- communicating the law on harassment and discrimination
- encouraging initiative
- balancing employees' personal and business needs
- asking Investors In People to assess your business and promote training and communication
Continued communication
It is also worth considering:
- regularly giving out employee feedback forms or questionnaires
- keeping regular channels of communication open
- knowing your employees' different personalities
See encourage feedback and ideas from employees.
Equality policies
Having a clear equality policy in your workplace may help to prevent feelings of unfair treatment, and so prevent conflict. Read more on equality and diversity workplace policies.
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Conflict between groups and individuals in the workplace
Identify why workplace conflict might happen between groups and individuals.
Conflicts in the workplace could occur between individuals or groups.
Workplace conflict between individuals
Conflicts in the workplace may arise between individuals because:
- of a clash of personalities, difference of opinion, bullying or harassment
- of an aggressive or weak management style
- some employees may feel others are treated more favourably
Managing conflict between individuals.
Workplace conflict between groups
Conflict in the workplace may arise between groups because of:
- team rivalry, disagreements, or resentment
- a 'them and us' mentality between large groups of employees and their managers
- resentment of senior management, poor morale, low motivation, disagreement over pay, health and safety, redundancies, and lack of proper consultation
Groups: patterns of behaviour
Groups of people in a team tend to display a certain pattern of behaviour. The American psychological Bruce Tuckman suggested there were four distinct phases of a group or team's development:
Forming
As the team or group begins to form, there is a gradual growth of personal exchange and contact. People seek to find out about one another, wanting to uncover attitudes, values, and style. This process continues until each person makes a decision concerning the character of his or her involvement. At this stage, the team may appear to be acting effectively, progressing with its tasks, and forming what seems to be a friendly comradeship between members. However, usually this condition doesn't run deep.
Storming
At this stage the team has to decide how it is going to operate. All too often this is done by team members jostling for position with little explicit planning. On other occasions the atmosphere will get tense as 'real' challenges are made. The most important aspect at the storming stage is control; how control is exercised and who controls the team. The team must settle the control issues if it is to proceed successfully.
Norming
Following the successful resolution of the issues surrounding control, relationships and role, the team begins to operate within the agreed levels. People will begin to want to work with others in the team, respecting the roles and contribution of key members. This is an important stage because the team needs the support and interest of all members. Otherwise, the team will fail to grow stronger and often reverts back to the storming stage at the first sign of difficulty.
Performing
The members of a fully established team develop rapport and closeness following the rules they have created. Team members are prepared to extend themselves for their colleagues and real enjoyment of the task at hand is typical. Informality is often a keynote of a team at this stage, but it is based on positive regard for each of the other team members and the rules of engagement. There is a strong feeling that others would be willing to help if needed. Roles of team members have been identified and each person's contribution is distinctive.
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Managing conflict between individuals
Guidance to help employers effectively manage and deal with conflict between individuals.
When a workplace conflict arises, you should try to take a calm approach and not react in a challenging way. You should also not ignore the problem and hope that it will go away.
The best way to handle workplace conflict is to face it and have a planned approach to help you deal with it in a practical way. If you have policies or procedures in place, you can use these to determine how you approach the issue causing the conflict or to give your employee an idea of how you will address the problem.
Employee representative
It may help to have an employee representative and/or a senior manager who can help if:
- employees find it difficult to confront their managers and make a complaint
- you are not able to speak to each employee individually
Talk informally
You should allow everyone to clear the air and have their say. Employees need to know who they can go to when they have issues or problems and that they will be taken seriously.
Investigate formally
It is important that you make an informed decision by gathering information from everyone involved with the issue causing the workplace conflict. You should think about what would be the best outcome for everyone involved, including the business itself.
Use internal procedures
You should make sure that your grievance procedure is up to date and communicated to all staff, discussed at team meetings and at individual appraisals. These procedures will also help deal with issues such as bullying, absence and misconduct. See grievance and disciplinary procedures and templates.
Skills for dealing with conflict
Having one-to-one conversations requires sensitivity and empathy. You should always make sure that you:
- listen to what an employee says
- question them calmly to understand any underlying problems
- consider problems from a variety of perspectives
- lead by example
- comply with the latest employment laws
- have up-to-date policies on dispute resolution procedures
The Labour Relations Agency (LRA) employer training programme provides both live and pre-recorded webinars on relevant topics such as handling difficult conversations and dignity at work. See LRA events.
Get external help and advice
Resolving personal conflicts can be difficult if you feel you are too close to the problem.
The LRA may be able to help by providing mediation. This involves an independent, impartial person helping two or more individuals or groups to discuss their problems and reach a solution that's acceptable to everyone.
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Managing conflict between groups
Guidance to help employers effectively manage and deal with conflict between groups.
Sometimes you do have to make difficult decisions about work practices, pay, and organisational rules and procedures, all of which may cause conflict in the workplace.
Effective and clear communication
You should ensure that all communication is relevant, concise, and delivered in a suitable way. Employees should be consulted before decisions are made. See engaging with staff.
Representative structures
If you can't talk to each person individually, set up 'sounding boards' of employee representatives such as:
- Working groups to consider issues such as absence levels
- Staff councils or consultative committees to look at issues like new products and training
- Trade union representatives to negotiate terms and conditions of employment - in particular pay, hours and holidays are matters in law that must be discussed with any trade union recognised by the business. There can be legal repercussions if the trade union is bypassed in such a context. See work effectively with trade unions.
See working with non-union representatives.
Dispute resolution procedures
It is also useful to have an agreement with your employees' trade union on how to resolve workplace conflicts in a systematic way. An agreement will generally cover:
- scope of who is covered by the agreement
- general principles and shared aims
- subjects for discussion
- stages for resolving a dispute
- third party involvement and when you will ask for external help
External help and advice
Getting help early will give you more options for resolving conflict and more chances of reaching a resolution.
If you do ask for help, you should decide whether you want someone to:
- work with you to find your own solutions
- advise you on how to resolve the problem
- tell you what to do
For external help in resolving workplace conflicts, you can contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300. The LRA provides free, impartial, confidential, and independent information. See resolving workplace problems - LRA guidance.
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Managing conflict: formal complaints procedures
How to keep staff and maintain morale by resolving grievances effectively and quickly.
Grievances are concerns, problems, or complaints that your employees raise with you. Where possible, you should encourage employees to settle them informally with their line manager, but you should also have formal procedures available to your employees.
Having formal grievance procedures in place allows you to give reasonable consideration to any issues which can't be resolved informally and to deal with them fairly and consistently. See:
Your rules and procedures should be set out in writing and comply with the Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures. Failure to meet either of these requirements may result in extra compensation for the employee if they succeed in a tribunal claim.
Read more on handling grievances.
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Managing conflict: five top tips
The following top tips will help you to manage relationships within your business and minimise conflict.
Conflict between members of staff can have a negative effect on the day-to-day working of your business. It could result in an employment dispute and even affect the health and wellbeing of your employees.
Tips to minimise workplace conflict
The following top tips will help you to manage relationships within your business and minimise conflict.
1. Spot the signs of conflict
Conflict can have a negative impact on your employees in several ways. These include a lack of motivation, unpleasant behaviour, falling productivity, and increased staff absence. Being proactive in spotting signs of conflict will help issues becoming a serious problem at a later stage.
2. Address conflict early on
By spotting the signs of conflict early, you have a better chance of identifying the causes and resolving the conflict. Some managers will find it easier than others to identify signs of the conflict but by addressing workplace conflict at an early stage you will prevent resentment from setting in amongst the affected parties and issues developing to a point where a resolution or common ground is much more difficult to find. See conflict between groups and individuals in the workplace.
3. Be aware of the causes of conflict
There are many causes of conflict including poor management, unclear job roles, inadequate training, lack of equal opportunities, and organisational change. Other causes include clash of personalities; increase in workload and needs and expectations not being met. See causes of conflict in the workplace.
4. Try to prevent conflict
As an employer, you should try to learn why conflicts occur and then develop processes to address them. Some areas to consider include developing a strategy for managing conflict, explaining plans for change, involving employees in decision-making, rewarding staff fairly, and ensuring managers are properly trained in conflict management and effective communication. It's also important to value employees, treat them fairly, encourage initiative, and try to balance employees' personal and business needs. See preventing conflict.
5. Have a formal grievance procedure in place
Where possible, you should encourage employees to settle any grievances informally, but you should also have formal procedures available to your employees. Doing this allows you to give reasonable consideration to any issues that cannot be resolved informally and deal with them fairly and consistently. See managing conflict: formal complaints procedures.
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Surrogacy: notification and confirmation of adoption leave
In this guide:
- Adoption leave and pay
- Qualifying for adoption leave
- UK adoptions: notification and confirmation of adoption leave
- Overseas adoptions: notification and confirmation of adoption leave
- Surrogacy: notification and confirmation of adoption leave
- Adoption leave: when it can begin
- Adoption leave: terms and conditions during leave
- Adoption leave: annual leave and occupational pensions
- Reasonable contact and work during adoption leave
- Employee notification of change of planned return date from adoption leave
- Returning to work from adoption leave
- Adoption leave and protection against detriment or dismissal
- Adoption pay
Qualifying for adoption leave
Who qualifies for Statutory Adoption Leave and how employers may offer enhanced leave rights.
To qualify for Statutory Adoption Leave, an employee must meet certain qualifying criteria. The criteria differ for UK and overseas adoptions and for intended parents of surrogacy arrangements.
Note there are additional notification and eligibility requirements for Statutory Adoption Pay.
Definition of an adopter
An 'adopter' is defined as 'a person who has been matched with a child for adoption'. An employee is 'matched with a child for adoption when an adoption agency decides that the employee would be a suitable adoptive parent for the child, either individually or jointly with another person'. Where two people have been matched jointly, the 'adopter' is 'whichever of them has elected to be the child's adopter for the purposes of the regulations. The employee becomes the child's adopter when he or she agrees with the other person, at the time at which they are matched with the child, that he or she will be the adopter.
An adopter may therefore be an individual who adopts or one member of a couple where the couple adopts jointly. This means that where a couple adopts jointly only one member of that couple can claim adoption leave. However, the other member of the couple, or the partner (this includes same-sex partners) of an individual who adopts, may be entitled to paternity leave and pay. The fact that adoption leave is only available to those who have been matched with a child through an agency means that, for example, stepfathers and stepmothers who wish to adopt their stepchildren are not eligible for adoption leave.
The definition of 'adopter' is modified slightly for overseas adoptions, to refer to 'a person by whom a child has been or is to be adopted' (as opposed to a person who has been matched with a child for adoption).
UK adoptions
An employee qualifies for 52 weeks' Statutory Adoption Leave when they adopt a child in the UK if they:
- Have been matched with a child to be placed with them by a UK adoption agency. (This may, exceptionally, include cases where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The adoption agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of adoption leave and pay and other entitlements open to adopters. The usual notification and service criteria will apply).
- Have notified the adoption agency that they agree that the child should be placed with them and agree with the date of placement.
- Notify you of when they want to take their Statutory Adoption Leave no more than seven days after they are notified that they've been matched with a child - see UK adoptions: notification and confirmation of adoption leave.
It does not matter how long the employee has worked for you.
The Statutory Adoption Leave period is made up of 26 weeks of ordinary adoption leave followed immediately by 26 weeks of additional adoption leave.
In addition, since the introduction of shared parental leave and pay on 5 April 2015, adopters can bring their adoption leave and pay to an early end to opt into shared parental leave and pay with their partner.
Adopters are also entitled to time off to attend pre-adoptions appointments - see statutory time off work for parental reasons.
Overseas adoptions
An employee qualifies for 52 weeks' Statutory Adoption Leave when they adopt a child from overseas if they:
- Have received official notification from the relevant UK authority of their eligibility to adopt a child from abroad.
- Have given you the correct notification - see overseas adoptions: notification and confirmation of adoption leave.
- Are the child's adopter. This is the person who will adopt or has adopted the child or, in a case where the child will be or has been adopted by two people jointly, whichever of the joint adopters has chosen to take statutory adoption leave in respect of the child.
Official notification for overseas adoptions
Official notification is written notification issued by or on behalf of the relevant domestic authority stating that the authority either is prepared to issue a certificate to the overseas authority dealing with the adoption of the child or has issued a certificate and sent it to that authority.
In either case, the certificate confirms that the adopter has been approved by them as being a suitable adoptive parent to adopt a child from overseas.
An employee needs to have 26 weeks of continuous employment at the date of the official notification.
Joint and individual adoptions
Where a couple is adopting jointly, they can choose who will take Statutory Adoption Leave and who (regardless of gender) will take Statutory Paternity Leave. They cannot both take Statutory Adoption Leave or Statutory Paternity Leave.
If an employee is adopting individually, only they are eligible for Statutory Adoption Leave - although their partner (regardless of gender) may be eligible for Statutory Paternity Leave.
Foster parents who adopt a child
A foster parent may be able to take Statutory Adoption Leave if they go on to adopt a child, but only if:
- The child that the employee fostered is then matched with them for adoption by a UK adoption agency. Adoption via a court order does not count.
- The child is then actually placed with them for adoption.
- The foster parents have not previously availed of adoption leave in respect of the same child in the circumstances described under the heading 'UK Adoptions' above.
The usual notification criteria still apply. The adoption leave only relates to the actual placement for adoption - any period of ordinary foster care does not count.
Special guardianships
A special guardian is usually someone with a close relationship with the child, such as a family member, former foster carer, or family friend. They need to apply to a court which will consider their suitability and the child's needs, based on a report from the local authority.
Statutory Adoption Leave is not available to special guardians.
Surrogacy and adoption leave and pay
An employee who becomes a parent through an arrangement with a surrogate mother is now also entitled to Statutory Adoption Leave and Statutory Adoption Pay.
The intended parents in a surrogacy arrangement (also known as Parental Order) may be eligible for adoption leave and pay where they intend to apply for or have already obtained, a Parental Order making them the legal parents of the child. Where a couple applies for a Parental Order only one of the couple will be able to take adoption leave and/or pay in relation to the child.
Eligibility criteria for adoption leave and pay
The eligibility criteria for adoption leave and pay are:
- they are an employee
- they have obtained a Parental Order for the child or have, on the day of the child's birth, applied for or intend to apply for such an Order
- the application for the Parental Order must be made within six months of the child's birth and the intended parents must expect the Parental Order to be made
They will also be entitled to the right to request a flexible working arrangement from their employer. See the right to request flexible working: eligibility criteria.
In a couple, the intended parent who does not take adoption leave and pay may be eligible for paternity leave and pay. Intended parents may also qualify for shared parental leave and pay where the parent who qualifies for adoption leave and pay chooses to return to work before the end of the adoption leave period.
Intended parents may also be entitled to unpaid time off to attend ante-natal appointments with the surrogate mother - see statutory time off work for parental reasons.
If they don't qualify for these, they could take annual leave or an agreed period of unpaid leave.
Enhanced adoption leave
Employers can make enhanced adoption leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.
For example, you could allow employees with more than a year's service to take more than 52 weeks' leave.
You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. When exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.
See the Invest Northern Ireland Employers' handbook guidance on adoption leave and pay (PDF, 48K).
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UK adoptions: notification and confirmation of adoption leave
Employee and employer obligations regarding adoption leave notification.
To qualify for Statutory Adoption Leave, an employee should notify you no more than seven days after they are notified of having been matched with a child:
- that they intend to take Statutory Adoption Leave
- when they intend to start it
- the date the child is expected to be placed with them for adoption
They can tell you earlier than this if they choose.
If it is not reasonably practicable for them to meet this deadline, they should notify you as soon as possible.
If the employee has not given you the correct notice, you can delay the start of their Statutory Adoption Leave (and pay) until they give the correct notice. However, you cannot postpone the start of leave beyond the date of placement.
You may request this notification in writing.
Many employees will find it convenient to give notice of the date for the start of Statutory Adoption Pay at the same time. The date for the start of Statutory Adoption Pay can be the same as the start date for Statutory Adoption Leave. See adoption pay.
An employee can change the start date of their leave - see when adoption leave can begin.
Evidence of adoption
Employees do not have to prove that they are eligible for Statutory Adoption Leave unless you ask them to. However, they do need to provide evidence to prove eligibility for Statutory Adoption Pay - see adoption pay.
If you choose to ask an employee to prove their eligibility for Statutory Adoption Leave, they must give you the documentation they were given by the adoption agency, which must contain the following:
- the name and address of the agency
- the date on which the employee was notified that he or she had been matched with the child
- the date on which the agency expects to place the child with the employee
Encouraging early notification
If the employee notifies you as early as possible of their intention to take Statutory Adoption Leave, you can start making arrangements to cover the period while they are away.
Giving the employee confirmation of the end date of their Statutory Adoption Leave
After receiving their notification, you must in turn notify the employee of the date on which their Statutory Adoption Leave will end. This will normally be 52 weeks from the intended start of their Statutory Adoption Leave. This will inform the employee of when he or she has to return to work. Download our model adoption leave acknowledgement letter (DOC, 136K).
You must give the employee this information within 28 days of their notification unless the employee has since changed the date their leave will start. In that case, you must notify them of the end date within 28 days of the start of their leave.
If you fail to give the employee proper notification and the employee subsequently doesn't return to work on time, you cannot discipline them.
In addition, if they want to change their return dates, they may not be obliged to comply with the notice requirements.
Note that an employee may choose to take less than 52 weeks of Statutory Adoption Leave by notifying you of this:
- at the same time as they notify you that they intend to take leave - in which case you would confirm this date in your acknowledgment letter
- before or during the leave itself - as long as they give the correct notice - see employee notification of change of planned return date from adoption leave
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Overseas adoptions: notification and confirmation of adoption leave
Employees adopting a child from overseas must give you notice in three stages that they intend to take Statutory Adoption Leave.
Employees adopting a child from overseas must give employers notice in three stages that they intend to take Statutory Adoption Leave.
Employees must give you the information required in writing if you request it.
If they are also entitled to Statutory Adoption Pay, they must give you the evidence required at the same time - see adoption pay.
First notification stage for overseas adoptions
The employee must inform you of the date:
- on which they received official notification
- the child is expected to enter Northern Ireland
For an explanation of the official notification, see qualifying for adoption leave.
They must give you this information within 28 days of receiving official notification. At this point, the employee should know roughly when the child will enter Northern Ireland.
Second notification stage for overseas adoptions
In all cases, the employee must give you at least 28 days' notice of the actual date they want their Statutory Adoption Leave (and Statutory Adoption Pay if they qualify) to start. They can give this notice at the first notification stage if they know the date. Statutory Adoption Leave cannot start before the child enters Northern Ireland.
Employees can change their mind about the date on which they want their leave to start providing they tell you at least 28 days in advance of the new date, or as soon as is reasonably practicable.
Third notification stage (after the child has entered Northern Ireland for adoption)
Employees must tell you the date the child entered Northern Ireland. They must tell you this within 28 days of the child's date of entry. If the adopter is also claiming Statutory Adoption Pay, they will need to give evidence of the date of entry.
Employees must tell you as soon as is reasonably practicable if they find out that the child will not be entering Northern Ireland.
Confirmation of Statutory Adoption Leave
You must respond to the employee's notification of the date they wish their Statutory Adoption Leave to start (the second notification stage) within 28 days, confirming the date their Statutory Adoption Leave will end. This will inform the employee of when he or she has to return to work. Download our model adoption leave acknowledgement letter (DOC, 136K).
See the Invest Northern Ireland Employers' handbook guidance on adoption leave and pay (PDF, 48K).
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Surrogacy: notification and confirmation of adoption leave
Notification and confirmation of adoption leave in relation to surrogacy cases.
With surrogacy cases the employee must:
- Give their employer the correct notice. Notice of entitlement to adoption leave must be given by the 15th week before the expected week of birth (and must be in writing, if requested).
- If requested by the employer, provide a statutory declaration that they have obtained or have applied for, or intend to apply for within six months of the birth, a Parental Order in respect of the child they are having with the help of a surrogate and that they expect the court to make the Parental Order.
- Provide the employer with the actual date of birth as soon as reasonably practicable after the birth.
Confirmation of Statutory Adoption Leave
You must respond to the employee's notification of the date they wish their Statutory Adoption Leave to start within 28 days, confirming the date their Statutory Adoption Leave will end. This will inform the employee of when he or she has to return to work. Download our model adoption leave surrogacy acknowledgement letter (DOC, 136K).
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Adoption leave: when it can begin
Beginning statutory adoption leave and changing the start date if the adoption doesn't take place as planned.
When an employee can choose to start their Statutory Adoption Leave depends on whether they are adopting a child from within the UK or from overseas, or are an intended parent of a surrogacy arrangement.
UK adoptions: when adoption leave can begin
An employee can choose to begin their Statutory Adoption Leave (and Statutory Adoption Pay) on either of the following:
- the date on which the child is placed with them for adoption
- a pre-determined date no earlier than 14 days before the expected date of placement and no later than the expected date of placement
If they have chosen to start their leave on the day the child is placed with them and they are at work on that day, the period of Statutory Adoption Leave and Statutory Adoption Pay can start on the next day. The leave can start on any day of the week.
If the date of placement changes before the employee begins their Statutory Adoption Leave, they should:
- discuss the situation with you as soon as possible
- give the appropriate notice to change the start date - however, you can accept less notice
If you are unable to agree on the dates of Statutory Adoption Leave, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
Overseas adoptions: when adoption leave can begin
Employees may choose to start their Statutory Adoption Leave from either the date the child enters Northern Ireland or a fixed date (as notified to you) no later than 28 days after the date the child enters Northern Ireland.
If they have chosen to start their leave on the day the child is placed with them and they are at work on the day, the period of Statutory Adoption Leave and Statutory Adoption Pay can start on the next day. The adoption leave can start on any day of the week.
Statutory Adoption Leave cannot be used to cover the period employees spend travelling overseas to arrange the adoption or visit the child. However, you could allow the employee to take annual leave or unpaid leave for these purposes.
Surrogacy cases: when adoption leave can begin
Adoption leave will commence on the day the child is born, but if the employee is at work on that day, then leave will commence on the next day.
Statutory Adoption Leave: changing the start date
This does not apply to surrogacy cases.
The employee can change their intended Statutory Adoption Leave start date as long as they notify you of the new start date. They must do this by whichever is the earlier of:
- 28 days before their original Statutory Adoption Leave start date.
- 28 days before their new Statutory Adoption Leave start date.
If it is not reasonably practicable for them to give you this much notice, they should give you as much notice as possible.
You may request this notification in writing.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Adoption leave: terms and conditions during leave
Certain terms and conditions continue to apply during statutory adoption leave.
Adoption leave is made up of 26 weeks' Ordinary Adoption Leave followed by 26 weeks' Additional Adoption Leave. An employee's employment contract continues throughout both Ordinary Adoption Leave and Additional Adoption Leave unless either you or the employee expressly ends it or it expires.
During both Ordinary Adoption Leave and Additional Adoption Leave, ie the entire Statutory Adoption Leave period, an employee has a statutory right to continue to benefit from all the terms and conditions of employment which would have applied to them had they been at work. The only exceptions are terms relating to wages or salary - though you are still obliged to pay them statutory adoption pay if they are eligible. See adoption pay.
Adoption leave: continuous contractual terms and conditions
Examples of contractual terms and conditions that continue during Statutory Adoption Leave include:
- gym membership
- participation in share schemes
- reimbursement of professional subscriptions
- the use of a company car or mobile phone (unless provided for business use only)
Whether or not you should pay a bonus to an employee on Statutory Adoption Leave depends on the type of bonus and the terms of the particular bonus scheme.
Adoption leave: continuous employment and length of service
Statutory Adoption Leave doesn't break the continuity of employment.
Similarly, the entire Statutory Adoption Leave period counts towards an employee's period of continuous employment for the purposes of entitlement to other statutory employment rights, eg the right to a redundancy payment.
Both Ordinary Adoption Leave and Additional Adoption Leave count for assessing seniority and personal length-of-service payments, such as pay increments, under the contracts of employment of employees who have had a child placed with them for adoption on or after 5 October 2008, or who have a child adopted from overseas that entered (or will enter) Northern Ireland on or after 5 October 2008.
However, for employees who had a child placed with them before 5 October 2008, you only had to count the period of Ordinary Adoption Leave for assessing the length of service payments.
Therefore, when assessing the length of service for a pay raise for example, it's possible that an employee who has adopted twice or more while in your employment could have a later period of Additional Adoption Leave count towards their length of service but not an earlier one.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Adoption leave: annual leave and occupational pensions
An employee's contractual benefits continue during ordinary and additional adoption leave.
During Statutory Adoption Leave, an employee continues to accrue annual leave. They may also continue to benefit from occupational pension scheme contributions.
Accrual of annual leave
An employee continues to accrue their full statutory paid annual leave entitlement of 5.6 weeks and any additional contractual entitlement throughout both Ordinary Adoption Leave and Additional Adoption Leave.
Employees will be able to carry over 5.6 weeks leave into the next holiday year if they are unable to take the leave due to having taken adoption leave.
An employee may not take annual leave during Statutory Adoption Leave. You should instead allow the employee to take any untaken annual leave before and/or after their Statutory Adoption Leave.
Note that you cannot pay an employee in lieu of any untaken statutory annual leave unless the contract is terminated.
Also, note that an employee's Statutory Adoption Leave begins automatically if the child is unexpectedly placed with them for adoption during a period of annual leave - see when adoption leave can begin.
For more information on annual leave entitlements, see know how much holiday to give your staff.
Contributions to an occupational pension scheme
During Ordinary Adoption Leave (whether or not the employee is receiving statutory and/or enhanced adoption pay) and any period of paid Additional Adoption Leave, you should calculate the employer's contribution to an occupational pension scheme contributions as if the employee is working normally and receiving the normal remuneration for doing so.
During any period that your employee is on Additional Adoption Leave but not receiving any adoption pay - eg during the last 13 weeks of Additional Adoption Leave - you do not have to make any employer contributions to an occupational pension scheme unless the contract of employment provides otherwise.
If the occupational pension scheme rules require employee contributions to continue during Statutory Adoption Leave, their contributions should be based on the amount of statutory and/or enhanced adoption pay they are receiving.
Employee contributions will therefore stop during any period of unpaid adoption leave - eg during the last 13 weeks of Additional Adoption Leave - but the occupational pension scheme rules may allow them to still make voluntary contributions.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Reasonable contact and work during adoption leave
Making reasonable contact with an employee during Statutory Adoption Leave.
During the Statutory Adoption Leave period, as an employer, you can make reasonable contact with an employee during their leave period - and they can choose to make contact with you.
In addition, an employee can come to work as a way of keeping in touch with workplace developments.
Adoption leave: contact with employees
Employers can make reasonable contact with the employee on adoption leave by any means, eg telephone, email, letter, or a meeting in the workplace.
The frequency and nature of any contact with them will depend on things like:
- the nature of the work and the employee's post
- any agreement that you might have reached with the employee before their adoption leave began
- whether either party needs to communicate important information to the other, eg changes in the workplace that might affect the employee on their return
What amount of contact is reasonable depends on the employee and whether they prefer to have frequent or minimal contact with you and the workplace issues to be discussed. You should discuss this with your employee before the Statutory Adoption Leave period begins, as part of your planning for the employee's Statutory Adoption Leave.
Remember that you must keep an employee informed of promotion opportunities and other information relating to their job that they would normally be made aware of if they were at work, eg redundancy situations.
Adoption leave: keeping-in-touch days
Employees may, in agreement with you, work for up to ten days - known as keeping-in-touch days - under their employment contract during their adoption leave period without it affecting their right to Statutory Adoption Leave or Statutory Adoption Pay.
During keeping-in-touch days, employees can actually carry out work for you. This could be their normal day-to-day work or could, for example, be attending a conference, undertaking training, or attending a team meeting.
Any amount of work done on a keeping-in-touch day counts as one keeping-in-touch day. Therefore, if an employee comes in for a one-hour training session and does no other work that day, they will have used up one of their keeping-in-touch days.
If work on a keeping-in-touch 'day' spans midnight, this counts as one keeping-in-touch day - as long as this is the employee's normal working pattern.
Payment for keeping-in-touch days
You and the employee should agree on how much you will pay them for a keeping-in-touch day - this could be set out in their employment contract or you may decide on a discretionary, case-by-case basis. When exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.
If the employee is receiving Statutory Adoption Pay when they work a keeping-in-touch day, you must continue to pay their Statutory Adoption Pay for that week.
If the employee does more than ten days' work for you in their Statutory Adoption Pay period, they are not entitled to Statutory Adoption Pay for any week in which they work if they have already worked ten keeping-in-touch days. You do not have to pay them Statutory Adoption Pay for any week in which they have worked both the last of their keeping-in-touch days and any additional days.
The Statutory Adoption Pay the employee receives for the week in which they work a keeping-in-touch day can count towards any contractual pay you agree with them for working that keeping-in-touch day. However, you could agree that they will receive their normal daily rate in addition to the Statutory Adoption Pay for that week.
Whatever the arrangement, you can still continue to recover Statutory Adoption Pay from HM Revenue & Customs as normal - see adoption pay.
You will need to comply with your statutory obligations, such as paying at least the national minimum wage and ensuring women and men receive equal pay for work of equal value. See National Minimum Wage and National Living Wage - rates and overview.
Keeping-in-touch days: protection against detriment or dismissal
An employee can only work a keeping-in-touch day if they want to and you agree to it - you cannot make an employee work a keeping-in-touch day against their wishes, nor can the employee insist they work a keeping-in-touch day if you don't agree to it.
It is unlawful for you to treat an employee unfairly or dismiss them because they:
- refused to work a keeping-in-touch day
- worked - or considered working - a keeping-in-touch day
If an employee believes that you have treated them unfairly or dismissed them under these circumstances, they may do either of the following:
- resign and claim constructive dismissal - the employee may raise a grievance about this with you first
- raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment and/or unfair dismissal if you fail to address it - see handling grievances
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Employee notification of change of planned return date from adoption leave
Notification from employees regarding changes to their return date or if they don't intend to return to work at all.
Unless the employee has notified you otherwise, the date on which they return to work will normally be the first working day 52 weeks after their Statutory Adoption Leave began.
Adoption leave: returning to work before the planned return date
If an employee wishes to return to work before the planned return date (usually the date you confirmed to them before they went on leave), they must give you notice at least eight weeks before their new return date - although you can accept less or no notice .
For example, if an employee was due to return to work after 52 weeks Statutory Adoption Leave on 1 August, but then decided to return to work after 39 weeks of leave on 9 May, they would need to give you eight weeks' notice of the new date, ie by 14 March.
Note that if you didn't provide appropriate notification of when their adoption leave should end, the employee does not have to give you eight weeks' notice - see UK adoptions: notification and confirmation of adoption leave.
If the employee attempts to return to work earlier than planned without giving you notice, you can postpone their return until after the eight weeks have elapsed.
However, you may not postpone their return to a date later than the end of their 52-week Statutory Adoption Leave period.
If the employee still comes to work during the period of postponement, you do not have to pay them.
Adoption leave: returning to work after the planned return date
If an employee wishes to return to work after the planned return date, they should give you notice of this new date of return at least eight weeks before the originally planned return date.
For example, if an employee was due to return to work at the end of their Ordinary Adoption Leave (ie after 26 weeks) on 1 October but - while on leave - decides that they wish to take their full entitlement of 52 weeks, they must notify you of this eight weeks before 1 October, ie by 6 August.
Employees who do not wish to return to work after adoption leave
An employee who does not wish to return to work after their Statutory Adoption Leave must give you notice of this. This will be the usual notice of resignation as required by their employment contract.
However, as long as they specify the date on which they wish to terminate the contract (eg the date they were due back at work after Statutory Adoption Leave), their adoption leave continues.
In addition, if they terminate their contract before the end of their Statutory Adoption Pay period, you must continue to pay them Statutory Adoption Pay, provided they have not started work for another employer.
Employees who don't return to work are not required to pay back any statutory adoption pay they have received. See adoption pay.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Returning to work from adoption leave
Whether or not an employee has the automatic right to return to the same job.
An employee is entitled to return to the same job that they had before going on Statutory Adoption Leave if they take only Ordinary Adoption Leave, ie the initial 26-week period of leave. The rules are different where an employee takes all or some of their Additional Adoption Leave, ie the second 26-week period of leave.
Return to work after Ordinary Adoption Leave
An employee who returns to work during, or at the end of, their Ordinary Adoption Leave is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent unless a redundancy situation has arisen.
If you prevent an employee from returning to work, they may make a complaint of unfair dismissal to an industrial tribunal.
If they return to work but you don't give them their old job back, they may do either of the following:
- raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment if you fail to address it
- resign and claim constructive dismissal - the employee may raise a grievance about this with you first - see handling grievances
See adoption leave and protection against detriment or dismissal.
Return to work after Additional Adoption Leave
An employee who returns to work during or at the end of their Additional Adoption Leave period is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent.
However, if it is not reasonably practicable for you to let them return to their old job, you should offer them a job:
- that is both suitable and appropriate for them
- on terms and conditions that are no less favourable than those for their original job
If you offer the employee a job that fulfils the criteria above and they unreasonably refuse it, they will have effectively resigned.
If you offer the employee a job that doesn't fulfil the criteria, they may do either of the following:
- resign and claim constructive dismissal - the employee may raise a grievance about this with you first
- raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment if you fail to address it
You should try to consult with employees during their Statutory Adoption Leave about any proposed changes to their job in preparation for their return. See the page in this guide on reasonable contact and work during adoption leave.
Return to work where parental leave is taken immediately after Statutory Adoption Leave
Employees who qualify for parental leave may take some of this leave immediately following the end of their Statutory Adoption Leave.
An employee is entitled to return to the same job as before if the parental leave meets both of the following conditions:
- it is for four weeks or less
- it isn't preceded by any Additional Adoption Leave
If the parental leave period is longer than four weeks and/or is preceded by a period of Additional Adoption Leave, the employee is treated as though they were returning to work after Additional Adoption Leave.
See parental leave and time off for dependants.
Pay rises during Statutory Adoption Leave
An employee on Statutory Adoption Leave is entitled to benefit from any general improvements to the rate of pay, or other terms and conditions, which are introduced for their grade or class of work - as if they hadn't been away.
Flexible working requests
Providing they meet the qualifying criteria, an employee returning to work may make a request to work flexibly, eg to adjust their start or finish times, work from home, or do part-time hours. Read more on flexible working: the law and best practice.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Adoption leave and protection against detriment or dismissal
You must not unfairly treat or dismiss employees because they are taking, took, or seeking to take Statutory Adoption Leave.
Employees are protected from suffering a detriment or dismissal for taking or seeking to take, Statutory Adoption Leave.
Statutory Adoption Leave and detrimental treatment
You must not subject an employee to any detriment by acting, or deliberately failing to act, because they:
- sought to take Statutory Adoption Leave
- availed of Statutory Adoption Leave
Examples of detrimental treatment include denial of promotion, facilities, or training opportunities that you would normally have made available to the employee.
If an employee believes you have treated them unfairly under these circumstances, they may:
- resign and claim constructive dismissal - the employee may raise a grievance about this with you first
- raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment if you fail to address it - see handling grievances
Redundancy during Statutory Adoption Leave
If a redundancy situation arises at any stage during an employee's adoption leave, you may not be able to continue to employ them under their existing contract of employment.
In these circumstances, an employee has the right to be offered (before that contract ends) any suitable alternative vacancy, where one is available. This includes a vacancy with an associated employer or with a successor to the original employer.
The new job must start immediately after the end of the original one and must both:
- be suitable and appropriate for them to do in the circumstances
- have terms and conditions that are not substantially less favourable to them than if they had continued to be employed under the original employment contract
If you fail to comply with these requirements and dismiss the employee, the dismissal will be automatically unfair if the reason or principal reason for the dismissal is redundancy.
If you end up making an employee on adoption leave redundant because you had no suitable alternative work to offer them, the dismissal may be potentially fair.
Note that, on dismissal, the employee's adoption leave period comes to an end, but their entitlement to Statutory Adoption Pay continues until the end of the 39-week Statutory Adoption Pay period (if it hasn't already ended) or they start working for another employer, whichever is earlier.
Dismissal on or after return to work from adoption leave
The dismissal of an employee will automatically be an unfair dismissal if you dismiss them - or select them for redundancy in preference to other comparable employees - solely or mainly because they:
- have taken adoption leave
- have benefited from the terms and conditions of employment to which they were entitled to during that leave
- failed to return from their adoption leave on time because you failed to give them any or adequate notification of the end date of their leave - see UK adoptions: notification and confirmation of adoption leave
However, a dismissal may be potentially fair if, on the employee's return from additional adoption leave, you:
- could not offer them their old job back
- you - or an associated employer - offered them suitable alternative employment which they unreasonably refused - see fair dismissal
See returning to work from adoption leave.
Dismissal on grounds unrelated to adoption leave
It is still possible for you to fairly dismiss an employee who is on - or who has recently returned from - adoption leave if the reason for the dismissal is not:
- largely or wholly unrelated to their adoption leave
- for any other reason that is unfair or discriminatory
You must comply with the correct statutory procedure when dismissing employees.
Dismissal of replacement employees
You can fairly dismiss an employee you took on to replace an employee on adoption leave. However, make sure you inform them that their position is only for adoption cover before they start and that the arrangement with you will end when the individual returns from leave. You should also comply with the statutory dismissal procedure when ending the employment.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Adoption pay
Who qualifies for Statutory Adoption Pay, and how employers may recover payments and offer enhanced adoption pay.
Statutory Adoption Pay is paid for 39 weeks and usually covers the first 39 weeks of an employee's adoption leave.
There are different eligibility criteria for Statutory Adoption Pay for UK and overseas adoptions. See adoption pay and leave: eligibility.
Adoption pay and foster parents
In Northern Ireland, in exceptional cases, adoption pay may be payable where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The adoption agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of adoption leave and pay, and other entitlements open to adopters. The usual notification and service criteria will apply.
Statutory Adoption Pay rates and recovery
For the first six weeks, you must pay your employee Statutory Adoption Pay a weekly rate equal to 90% of their average weekly earnings.
For the next 33 weeks, you must pay them the lower of the following:
- the standard weekly rate - £184.03
- 90% of their average weekly earnings
You can recover some or all of your Statutory Adoption Pay payments from HM Revenue & Customs (HMRC) - the proportion you can recover depends on the size of your annual National Insurance Contributions liability.
Enhanced adoption pay
If you wish, you can offer enhanced adoption pay arrangements to attract and retain employees which are more generous than the statutory entitlements. For example, you could:
- pay more than Statutory Adoption Pay over a certain period, eg full pay for the first six weeks, half pay for the next ten weeks, Statutory Adoption Pay for the remaining 23 weeks
- make a bonus payment on the employee's return to work
You could change the qualification criteria for these adoption pay enhancements, eg the employee needs a year's continuous service.
You can offer these enhanced adoption pay arrangements either as a contractual right or on a discretionary, case-by-case basis. When exercising discretion caution should be taken to avoid claims of unfair treatment or discrimination.
You can still recover from HMRC the Statutory Adoption Pay portion of any enhanced adoption pay.
See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).
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Managing employees working from home: seven top tips
In this guide:
- Employees working from home
- Advantages and disadvantages of employees working at home
- Types of work and skills suited to home working
- Employment contracts and working from home
- Providing equipment for employees who work at home
- Effectively manage employees who work from home
- Your health and safety obligations towards home workers
- How technology can facilitate working from home
- Responsibilities of home workers
- Hybrid working: employer guidance
- Managing employees working from home: seven top tips
Advantages and disadvantages of employees working at home
Key advantages and disadvantages of home working - from productivity boosts to problems monitoring performance.
Home working opens up a new range of possibilities for the way businesses can work and structure themselves. The outbreak of the coronavirus (COVID-19) pandemic in March 2020, gave employers and employees a practical insight into home working as commercial premises had to shut down in response to the government's requirements to protect public health.
Before the coronavirus pandemic, working from home was on the increase as many employers identified the benefits that it can bring to their business and the improved work-life balance for their employees. Even if you don't think working from home would be beneficial for your business, employees with 26 weeks of service have a statutory right to request flexible working arrangements such as home working and you, as an employer, have to seriously consider such requests.
Advantages of employees working from home
With increasing numbers of employees working at home - or using home as a working base for at least part of the week - it's clear there are a number of benefits for business, such as:
Flexibility and agility
Home working enables more agility and flexibility in working arrangements. With employees no longer tied to an office, they may be better placed and more willing to work flexible hours such as earlier or later in the day or even at weekends. This may help you meet certain business needs eg if you are trading with customers residing in a different time zone.
Improved employee retention
Home working can help retain employees as the flexibility of home working can help them meet childcare needs, reduce their commute, and enable them to fit their work around their personal lives. Being allowed to work from home, staff will also feel increased levels of trust from their employer, which can contribute greatly to staff loyalty.
Attract new talent
Home working can be offered as an incentive to come and work for you helping you to attract new talent to your business. Even just offering the option to work from home will give you an advantage in the job market over competitors that don't offer home working as an option to their staff.
Increased productivity
Due to fewer interruptions, which would normally occur in an office environment. By contrast, working from home allows for a quieter environment that can facilitate more focused work. You may also find that some employees may wish to increase their paid contractual hours as they save time that was previously spent commuting to and from the workplace.
Increased staff motivation
By working from home staff will feel more trusted by their employer as the working relationship isn't as closely monitored and employees are allowed a degree of autonomy to get on with their work. Staff will also be happier developing a home working routine that suits them better and this can contribute towards them feeling more motivated to give their best.
Improved staff health and wellbeing
Working from home eliminates the need for a commute to work which can be stressful for your employees. Time savings such as this also enable staff to get extra health benefits such as additional sleep, spending more time with family, exercising, or preparing healthier meals.
Financial benefits
Savings on office space, office supplies, utility bills, and other facilities. Staff may also be able to take advantage of the tax relief available from HM Revenue & Customs (HMRC) for working from home - see claim tax relief for your job expenses - working from home.
Convenience
You may have staff that do a lot of visits to customer locations and are therefore not regularly in the office. Allowing them to base themselves from home may be more convenient and leads to further time and cost savings.
Better work/life balance
Working from home can help employees improve their work-life balance eg staff that would have had to commute will now be able to use that time for themselves giving the basis for a better work-life balance. Staff are also able to fit in household chores around their working day giving them more free time in the evenings eg loading or unloading the dishwasher or preparing dinner on their lunch break.
Technology makes it easier
The internet has made it possible for staff to be continually connected to the office. Tools such as Skype have made communication between colleagues and teams much easier and at times can lead to more efficient and effective meetings.
Lower sickness absences
Staff are more likely to feel happier and more energised working from home and therefore less chance of their immune system being negatively impacted by burnout. Also, the fact that employees are working in isolation there is less chance of infections spreading as would be the case within an office environment.
Disadvantages of employees working from home
Though there are some disadvantages to employees working from home, most of these relate to those working from home for all, as opposed to part, of their working week:
Working from home doesn't suit everyone
Working from home might not be suited to everyone's personality or ability. Some employees might prefer the routine and structure that working in an office environment provides them. Some staff may prefer personal interaction with colleagues and also find face-to-face guidance with their manager extremely beneficial in helping them complete tasks and achieve their goals. You also need to be mindful of employees with a disability. Working from home may have a negative impact on the support they need to do their job. Working from home may also not fit in with everyone's home life eg some people may have young children that may be unaware of boundaries and cause interruptions during the working day. Others may not have the physical space required to create a suitable dedicated working area.
Staff feeling isolated
Individuals working from home may feel a disconnect from their colleagues and organisation as a whole that an office environment naturally allows. To address this issue employers could ensure that communication is more regular. So by scheduling quick catch-ups by phone or regular team meetings through other technologies like Teams, Skype, or Zoom, staff are given more opportunities to feel involved and part of the team. More informal and social catch-ups would also help counteract any feelings of isolation.
Difficulty monitoring performance
There could be difficulty managing home workers and monitoring their performance. Different personalities may also respond to monitoring with varying degrees of positivity. You could look at setting goals and targets with workers that are easily measured so that if their targets aren't being met you can identify and remedy any performance issues at an early stage. See managing staff performance and effectively manage employees who work from home.
Home distractions
Although home working removes the distractions that may occur in the office if a worker doesn't have a suitably quiet dedicated working space at home they may get easily distracted by household noises or other members of their household.
Potential burnout
Where an office provides a clear physical distinction between work and home life, working at home can lead to staff struggling to differentiate between work life and home life. This may lead to employees finding it difficult to know how to switch off from work leading to longer hours, increased stress, and inevitable burnout. Employers should encourage their staff to take regular breaks and remind them of the importance of taking their leave.
Cost of working from home
Initial costs of training and providing suitable equipment such as laptops, mobile phones, and other IT equipment. You will also have to consider adaptations to meet health and safety standards.
Problems with staff development
You may find that not having staff in close physical proximity leads to difficulty in maintaining staff development and upgrading skills. However, you could encourage staff to take the opportunity to learn new skills through online events and courses. To get started search for events on our Events Finder.
Information security risk
Information security problems could be more likely to occur when staff are working from home. There is increased risk with laptops being taken home and the need for staff to access servers remotely. Employers should ensure they put measures in place to protect company data by installing encryption software and remote-wipe apps if mobile devices provided by you go missing. Virtual private networks also encrypt your data and provide secure access to a remote computer over the internet. This helps keep your files and data secure yet accessible to your staff. See IT security and risks.
Negative impact on mental health
The switch to working from home may have a negative impact on your worker’s mental health if they are unable to find a routine that works for them, are struggling to separate work and home life, or are feeling isolated. To help you can encourage your employees to develop a working routine, set up a dedicated work space, and set boundaries for other household members. Create more opportunities for staff to stay connected by communicating through regular chats and team catch-ups. Eating healthily and taking regular exercise can also help improve mental health especially when woven into a regular routine. See simple tips to tackle working from home from the NHS.
Decreased staff morale
It can be harder to maintain team spirit when employees are working at home on their own.
Not all jobs suit home working
Working from home suits some jobs better than others. Equally, working from home suits some personality types but not others. Some people may prefer colleague contact by face-to-face communication.
Poor broadband speeds
You should be mindful that depending on where your staff live they may not be able to access broadband speeds that enable them to do their job effectively eg rural broadband is often very slow.
The coronavirus pandemic gave some employers, who may not have otherwise considered working from home an option for staff, a practical insight into how it affects their business and employees. It has enabled employers to have first-hand experience of the advantages and disadvantages of home working. This experience can be very beneficial in helping employers determine the future direction of working practices that will benefit their business.
For further information see the Labour Relation Agency's (LRA) practical guide to working from home: COVID-19 and beyond.
Hybrid working approach
A shift towards home working doesn't mean employees have to work only at home. Often splitting time between home, or other remote locations and the workplace is the most productive solution. You may want your staff to provide feedback on their working from home experience to get them involved in the process of developing a hybrid working policy.
For further guidance see hybrid working: employer guidance and the LRA's practical guide to hybrid working.
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Types of work and skills suited to home working
Types of job that are well-matched for home working and the skills employees will need.
When weighing up whether to let an employee work from home, you should consider the nature of their job.
Jobs suited to home working
Some types of work are particularly suited to home working. For example:
- telesales and marketing
- customer service
- consultancy and professional services, such as accountancy or HR administration
- writing, editing, research and translation
- some types of administrative work
Skills employees need to work at home
You also need to consider whether employees themselves are suited to working away from your base. They're likely to need skills in a number of key areas:
- time management and self-discipline
- motivation
- self-sufficiency
- communication
- technology
Home working isn't for everyone. Bear in mind that if you allow one person to do it, you may be setting a precedent that others will want to follow, so it's best to have a clear idea from the start of how home working could fit the needs of your business. You should establish fair criteria for home working as this will minimise any discrimination risk.
Remember, too, that in some cases you're legally obliged to seriously consider requests for working from home. Employees with 26 weeks' service can request a range of flexible working patterns from their employers - including the right to work from home.
Read more on flexible working: the law and best practice.
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Employment contracts and working from home
How the written statement of terms and conditions may need to be amended when implementing homeworking.
An employee's place of work is stated in the written statement of their terms and conditions of employment.
When an employee starts working from or at home, it may be necessary to amend the written statement as a result.
You must follow set procedures when changing an employment contract.
See how to change an employee's terms of employment.
Working from home arrangements during the coronavirus pandemic
The working from home arrangements that were in place during the COVID-19 pandemic were not normally considered to be permanent variations to the contract but post pandemic it may be mutually beneficial for it to become the new normal working arrangement and so it may suit both employer and employee for it to remain in place. See the Labour Relations Agency's (LRA) guide on flexible working.
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Providing equipment for employees who work at home
Your responsibilities for the equipment and furniture home workers use in carrying out their work.
As an employer you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own.
Equipment you need to provide may include:
- workstation, including a suitable desk and chair
- filing cabinet, drawers, and shelving
- computer, laptop, or tablet with office software, anti-virus software, email, and broadband internet connection
- printer
- stationery and office supplies
Advances in technology allow you to create virtual teams where employees work together despite working from home.
IT equipment can be expensive, so make sure it is compatible with your existing systems and meets a genuine business need.
Read more on how technology can facilitate working from home.
Remember that you still have health and safety responsibilities for people who work at or from home. Read about your health and safety obligations towards home workers.
Insurance and rates
You'll probably need to extend your business insurance to cover equipment used by employees in their homes. The employee's home insurance policy is unlikely to cover this. They should check with their insurer to make sure they're covered for working at home.
It's also worth mentioning to potential home workers that if they use part of their home exclusively for work, they may have to pay business rates for that portion of their home. It's a good idea to get them to check the position with Land & Property Services. See how to use your home as a workplace.
You also need to ensure that employees take care of business equipment and information in their possession. Employers must ensure that data protection principles are adhered to eg establish procedures to be followed in terms of the storage and security of information and what to do if any item is damaged or lost.
Taxation
This can be complicated and worth getting specific guidance from HM Revenue & Customs in respect of liabilities and set-offs. See expenses and benefits: homeworking.
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Effectively manage employees who work from home
What you can do to make home working a success - performance monitoring, training, communication, and feedback.
Working from home can bring a wide range of benefits for both businesses and employees, but it needs to be properly managed to be successful.
Monitoring performance
Monitoring and assessing the performance of people who work at home is perhaps the most significant managerial challenge. It can be helpful to measure their effectiveness in terms of their output rather than the hours they work.
Agree on set goals and deadlines for particular tasks. Keep a close eye on how well the targets are being met and give feedback promptly and sensitively if things go wrong.
Staff training
Training can prepare employees and help them develop the skills they need. This might include:
- self-management skills, eg in time management
- general skills, eg in using IT more effectively or writing reports
- job-specific skills
Encouraging communication
For staff who work alone, a sense of isolation is one of the factors most likely to make home working fail. As a result, it's important to put formal systems in place to ensure people feel part of the team. For example:
- frequent two-way feedback sessions about work and work-related issues
- regular scheduled visits to the workplace
- inclusion in social activities
- clear procedures to follow and people to contact if things go wrong
If an employee's job is home-based from the start, it's a good idea to carry out their induction at your premises. Home workers are more likely to be focused and productive if they have a chance to establish a clear idea of the people and company they're working for.
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Your health and safety obligations towards home workers
Key health and safety duties towards home workers - from risk assessments to ensuring equipment is suitable.
As an employer you have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include:
- carrying out a health and safety risk assessment - see managing the risks in your business
- purchasing compulsory employers' liability insurance if you don't already have it - see liability insurance
- ensuring equipment is fit for its purpose
- testing, certifying and maintaining electrical equipment provided by the business
- ensuring computers can be used comfortably and without disturbing glare, see computer health and safety at work
- making sure lighting levels are appropriate
- avoiding trailing cables to reduce the risks of trips and falls
- ensuring staff are suitably trained to work safely
- keeping records of, and if necessary reporting, any serious accidents, illnesses, or injuries experienced by home workers
Remember, too, that employees who use computers regularly - including home workers - are entitled to an eye test paid for by their employer.
Home workers must take reasonable care of their health and safety, as well as that of other people such as family members, neighbours, and visitors. They must also ensure they use work equipment correctly.
During the coronavirus pandemic, it was unlikely that the employer would have been able to carry out the usual health and safety risk assessments at the employee's home. However, the employer should ensure that:
- the employee feels the work they're being asked to do at home can be done safely
- the employee has the right equipment to work safely
- the line manager maintains regular contact with the employee, including making sure they don't feel isolated
- reasonable adjustments are made for an employee who has a disability
The employee should also keep in regular contact with their line manager about health and safety risks and homeworking arrangements that need to change.
For information on your business's health and safety duties, see health and safety basics for business.
See the Health & Safety Executive (HSE) guidance on managing home workers' health and safety.
If you have employees who use their home as a base and generally don't work from your premises, you may have additional health and safety responsibilities to them. See ensure lone workers' safety.
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How technology can facilitate working from home
Using IT to facilitate homeworking - phones, broadband, extranets, virtual private networks, and security issues.
You'll need to keep in touch with employees who work at home. At the very least, you should consider installing a dedicated work phone at the employee's home or provide them with a mobile phone.
This makes it easier to work out billing arrangements and, as you won't need to see the employee's phone bill, preserves their privacy.
Broadband internet connections have made emailing colleagues and business contacts and sharing documents quick and easy.
Virtual teamwork
With virtual teamworking, your employees do not need to be working in the same place, or even at the same time, in order to work together. Consider the following options:
Different time, different place
Employees work separately and keep in touch with you and each other via email.
Same time, different place
Employees can communicate with each other in real-time through telephone conference calls, video-conferencing, or using instant messaging.
Different time, same place
Employees can access your business network or databases by connecting to an intranet or extranet. A virtual private network is a more secure, but expensive, way of doing this.
Same time, same place
Even working from home, your employees will still need to meet face-to-face occasionally. Email and electronic diaries allow you to arrange meetings and transfer documents, while wireless technology allows you to meet anywhere.
Any time, any place
Mobile phones and laptop computers with wireless internet access mean that your employees are always accessible and can work wherever they are. Read more on mobile technology.
Data security
There are important security issues. For example, data security could be compromised if employees working from home use their work computers for personal purposes. It's best to provide staff with a computer and make it clear that it's for business use only.
Install anti-virus and firewall software on users' PCs and use passwords to control access to their computers and to your network. Make sure home workers have read and understood your IT policies and know their information security responsibilities.
Employees who deal with sensitive information should be particularly careful about:
- Keeping equipment at home - they should make sure that their premises are properly secured.
- Transporting equipment from one place to another - items should never be left unattended in a public place.
- Using public internet access - public computers can store information that has been entered.
- Working in a public place such as a train - information on a laptop screen could be seen by others.
- Destroying data that is no longer required - eg a cross-cut shredder should be used to dispose of sensitive papers.
Read the National Cyber Security Centre's guidance on home working: preparing your organisation and staff.
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Responsibilities of home workers
Ensuring staff understand their duties to keep homeworking legal and safe.
Employees who work from home have a number of key responsibilities.
They should:
- check whether there are any restrictions on home working within the terms of their lease, mortgage, or tenancy agreement for the property
- keep their insurance company informed about the new use of their home
- check if planning permission will be required and apply for it if necessary, though this is unlikely to be the case for a home office
- check if business rates are payable on the part of the property used for work
- ensure their own health and safety and the safety of anyone visiting or living in their home who could be affected by their work
- ensure that they keep sensitive information safe and secure, eg by destroying data securely when they have finished with it
Employees should also be aware that if they set aside a room to work in that has no domestic purpose, they may be liable for business rates on that part of the property or capital gains tax if the property is sold.
Read more on how to use your home as a workplace.
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Hybrid working: employer guidance
How employers can get the most of staff using a mix of working at home or remotely and also in the workplace.
Hybrid working is a form of flexible working where staff spend part of their week working from home or remotely with the rest of their working time spent based in the workplace.
Employers can implement hybrid working for their organisation in different ways. For example, some employers might suggest that all staff come into the workplace two or three days a week and spend the other days working from home. These specific days could be set by the employer or left to individuals to determine themselves.
Benefits of hybrid working
Hybrid working can bring together the benefits that staff experience when working from home, such as fewer distractions and increased productivity, and combine these with the advantages of working in a shared location, such as feeling part of a team and collaborating with greater ease.
Advantages that hybrid working can bring include:
- more flexibility as you can develop hybrid working patterns that suit the needs of the business
- increased staff productivity and motivation
- higher levels of trust and engagement, especially if staff are involved in determining their own hybrid working patterns
- increased job satisfaction means you are more likely to retain staff
- attract new talent – many recruits now expect to be offered the opportunity to work from home in some capacity
- more opportunities for collaboration between teams on the days people are in the office together
- helps support inclusion and diversity
- better staff wellbeing with decreased feelings of isolation and improved mental health for staff with more opportunities for social interaction
- better connection between managers and staff as days in the office offer opportunities for face-to-face engagement
- improved work-life balance for staff
- savings on office space and facilities costs
- improved team availability with staff given the flexibility to connect remotely if they can't make a physical meeting
What to consider when introducing hybrid working
To get the maximum benefit from hybrid working, you should examine:
Organisation goals
Consider what your organisation’s objectives are and how hybrid working could support you in achieving your targets.
Customer needs
How are your customers’ needs met? Can their requirements be delivered online, or is there a need for physical interaction with customers?
Getting the best out of your staff
Determine the type of hybrid working model that will support staff wellbeing and give them the platform to be motivated and productive in their job. The use of SMART targets that are specific, measurable, achievable, realistic, and time-bound will give your staff a clear understanding of what is required of them. In addition, SMART targets enable managers to identify if employees are meeting their targets, and if not, identifying issues at an early stage to provide support staff may need to meet their targets including adjusting the number of days they work in the office, for example, if they need face-to-face support and encouragement. see set business performance targets.
Attracting and retaining staff
You should consider the type of hybrid working that can help you to attract new talent and retain existing staff. Most job applicants like the opportunity to choose to work from home, so offering this as a benefit can give you a competitive advantage in the job market.
Days in the office
Establish why staff are required in the office on certain days and think about what you hope to achieve then. Is it to increase teamwork or collaboration on projects? Is it to maximise staff wellbeing and morale?
Working hours
Can your business’s operating hours be more flexible? For example, if you have customers in global locations, the remote working element of hybrid working enables you to adapt working hours to benefit customers in different time zones. Being flexible also offers staff the opportunity to determine working hours that best fit their work-life balance.
Flexible working requests
Address your legal requirements, including managing formal requests from staff for hybrid working through a flexible working policy. Employees could also request hybrid working as a reasonable adjustment under disability discrimination legislation.
Data protection duties
Securing sensitive data can be more challenging when employees divide their work time between home and the office. Create a policy outlining how to manage data in the workplace, at home, and when commuting between the two. Provide training to all staff on their data protection responsibilities. Read the Information Commissioner’s Office guidance on data protection and working from home.
Health and safety responsibilities
Employers must ensure the health, safety, and wellbeing of their staff when working from home and in the workplace. Employers have a duty of care and must carry out a health and safety risk assessment for all staff.
IT requirements
You will need to ensure staff can access the technology required to work at home, remotely, and in the workplace with minimal technical issues. IT security will also be a priority, as staff will be connecting to your organisation’s systems remotely.
Tax issues
Make your staff aware that they may be able to claim relief for additional household costs if they have to work at home for all or part of the week. See claim tax relief for your job expenses if working from home.
How to introduce hybrid working
When introducing hybrid working, you should take on board the needs of your staff. Take time to engage with staff and their representatives to get their input and effectively communicate your plans with them at each step of the process. This approach will maximise staff buy-in and develop high levels of trust when introducing hybrid working.
Requiring all staff to come into the workplace on set days each week could be counterproductive if staff resent employers stipulating which days they have to be in the workplace. A fixed-day approach also restricts the flexibility that hybrid working offers employers and their workforce. Giving staff the autonomy to select how many days and on which days they come into the office passes responsibility to your workforce. This approach can gain employee buy-in and establish a platform for building trust. It also sets a better work-life balance that could help maximise staff motivation, loyalty, and productivity.
Hybrid working policy
Whichever way you introduce hybrid working, you should communicate your decision clearly to all staff with details on how it works from a practical point of view. For example, you may want to outline scenarios that may impact the hybrid working approach such as when leave such as holidays or sick leave is taken. Ensure you treat all staff fairly when implementing hybrid working. It is good practice to develop a hybrid working policy.
It is a good idea to trial hybrid working; review its progress after a certain period, and then, if required, make changes that will help you maximise the benefits it can bring to your organisation and your staff. Ensure you consult with your employees and their representatives if you make any changes.
Further guidance including a sample policy on hybrid working
You can read further guidance on introducing hybrid working and access a sample hybrid working policy in the Labour Relation Agency’s practical guide to hybrid working.
Read the Chartered Institute of Personnel and Development guidance on planning for hybrid working.
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Managing employees working from home: seven top tips
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
Allowing staff to work from home on either a full or part-time basis can bring a range of business benefits, including greater staff motivation and increased productivity.
Tips for employers on home working
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
1. Consider an employee's job and skills
When deciding whether to let an employee work from home, you should consider if the job is suited to home working. For example, telemarketing and writing could be particularly suited to home working. The employee is also likely to need skills in a number of key areas including communication and time management. See types of work and skills suited to home working.
2. Be aware of legal requirements
When an employee starts working from home, it may be necessary to amend their written statement of their terms and conditions of employment. See employment contracts and working from home. You will probably need to extend your business insurance to cover equipment used by employees in their homes. See providing equipment for employees who work at home.
3. Provide appropriate equipment
As an employer, you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own. Equipment you need to provide may include a desk and chair, PC or laptop, and printer. See providing equipment for employees who work at home.
4. Encourage communication
For staff who work from home, a sense of isolation is one of the reasons that home working may fail. It's therefore important to put formal systems in place to ensure people feel part of the team. See effectively manage employees who work from home.
5. Train and monitor employees
Training can help employees working from home to develop the skills they need, for example, time management or writing reports. Monitoring employees' performance is also important to ensure targets are being met. See effectively manage employees who work from home.
6. Be aware of health and safety responsibilities
You have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include ensuring equipment is fit for purpose and that lighting levels are appropriate. See your health and safety obligations towards home workers.
7. Consider information security
You should ensure that employees adhere to data protection principles. For example, data security could be compromised if employees working from home use their work computers for personal purposes. You should make clear that the computer you provide is for business use only. You should also install anti-virus and firewall software, use passwords to control access to your network, and ensure workers have read your IT policies. See how technology can facilitate working from home.
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Advantages of managing staff holiday entitlement
In this guide:
- Know how much holiday to give your staff
- Advantages of managing staff holiday entitlement
- Holiday entitlement and statutory holiday pay
- Calculate holiday entitlement and holiday pay
- Calculating holiday entitlement for atypical workers
- Holiday entitlement for employees on statutory family-related leave
- Pay and time off on public and bank holidays
- Taking holiday - notice periods, restrictions and sickness
- Holiday pay on termination of employment
- Managing staff holiday entitlement: five top tips
Advantages of managing staff holiday entitlement
Details the advantages of managing holiday entitlement for workers in your business.
It is beneficial to both your business and your staff if you manage holiday entitlement correctly.
Disagreements over holidays and holiday pay are common if entitlements are not clearly agreed upon and set out in writing. These disagreements could lead to a deterioration in your relationship with your staff and possible complaints to industrial tribunals.
In addition, almost all workers above school leaving age are entitled to statutory paid holiday entitlement, so you should be aware of what this means for your business and manage how it is worked out for each worker.
Advantages of managing staff holiday entitlement
Effectively managing staff holiday entitlement can bring several business benefits:
- Staff who are able to take regular holidays can feel more valued and become more motivated about their work which helps them to perform more effectively.
- Having a break from the workplace ensures staff are less prone to accidents and less likely to suffer from stress because they have regular opportunities to rest.
- Having an annual leave policy and including paid holiday entitlement in employees' employment contracts ensures the rules and processes are clear to everyone. This will help you to take a consistent approach to annual leave across the business so that employees feel they have been treated fairly.
- Having a policy and appropriate procedures in place also minimises the opportunity for disputes. A worker is more likely to be granted an annual leave request if the appropriate procedure has been followed and they have given you sufficient notice of the leave so you can prepare for the absence.
- You should also experience a decrease in sick leave and staff turnover because staff feel more appreciated overall and are less likely to resort to sick leave when they need to take time off work.
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Holiday entitlement and statutory holiday pay
Minimum statutory annual leave entitlement, unused holidays, and how to set these arrangements out in writing.
Almost all workers above school leaving age - not just employees but also, for example, agency and casual workers - are entitled to 5.6 weeks of paid holiday per leave year (28 days for a worker working a five or six-day week).
The 5.6 weeks is a minimum holiday entitlement - you can choose to offer more.
You can count any days off for public or bank holidays towards a worker's statutory holiday entitlement - but only as long as you pay them for those days off. See bank and public holiday dates.
Workers below school leaving age must have a two-week break during school holidays. Read more on employing children and young people.
When leave years may start
You may decide to have one date when your business' leave year starts or have different start dates for individual workers (or groups of workers).
If you do not have written leave arrangements, a leave year will start on the date a worker's employment begins and on each subsequent anniversary of that date.
Holiday entitlement: staff working a six-day week
The statutory paid holiday entitlement is capped at 28 days.
Although 5.6 weeks would equal 33.6 days for someone working a six-day week (5.6 x 6), because of the cap, staff working a six-day week are only entitled to 28 days' paid holiday. However, that is the minimum statutory allowance. If you wish you can increase the holiday entitlement under an employee's contract of employment.
Holiday entitlement and the contract of employment
You must set out an employee's paid holiday entitlement in their written statement of terms and conditions of employment.
This should enable them to work out their entitlement and pay for any untaken holiday if they leave. See the employment contract.
Workers not entitled to the statutory minimum paid holiday entitlement
The following types of workers do not have the right to benefit from the minimum paid holiday entitlement:
- The genuinely self-employed, who can take as little or as much holiday as they choose.
- Those whose jobs may conflict with the requirement to take annual leave requirements, eg the armed forces, the police, and those involved in civil protection (these workers have to rely on their contracts of employment for their rights to holiday).
- Workers in some sectors are excluded from the Working Time Regulations (Northern Ireland) 2016 because they are covered by separate regulations. The entitlement to annual leave of mobile staff working in the civil aviation sector, for example, is governed by the Civil Aviation (Working Time) Regulations 2004.
Carrying over unused paid holiday
A worker may wish to carry over unused holidays from the current leave year to the next.
Under European Union (EU) derived law, a worker must take at least 4 weeks holiday per leave year. If they take less than this, they cannot carry it over.
However, in the UK, the statutory entitlement is 5.6 weeks. What a worker may do with the additional 1.6 weeks depends on their employer's arrangements. You can either:
- have an arrangement that workers must take their full statutory entitlement of 5.6 weeks in any leave year
- allow workers to carry over any of the additional 1.6 weeks that remain untaken into the next leave year - although they must take it by the end of the next leave year
If an employee has an additional contractual entitlement over and above the 5.6 weeks, it again depends on their contract of employment whether or not they can either carry it over or will receive pay in lieu for any of the entitlement that remains untaken.
If you do allow workers to carry over any contractual annual leave entitlement, you can have your own rules on when they must take it. For example, you could state that workers must take the carried-over leave within three months of the start of the next leave year.
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Calculate holiday entitlement and holiday pay
Guidance for employers on how to calculate holiday entitlement, calculate holiday pay, and what to do with untaken leave.
A worker's entitlement to paid annual leave starts on the first day of employment and is not subject to a minimum period of employment.
Holiday entitlement accrual
The Regulations permit an employer to operate a holiday accrual system for workers who are in their first year of employment (only). In practice, this means that a new worker will accrue one-twelfth of their annual holiday entitlement each month they are employed. This will apply from the start of each month.
Calculating holiday pay
For each week of leave accrued, workers are entitled to one week's normal pay. A week's pay is calculated according to the type of work carried out:
- for workers on fixed hours and pay, it equals the amount due for a week's work, averaged over the preceding 12 weeks
- for workers on fixed hours and variable pay (bonus, commission, or piece workers), it equals the average hourly rate (over the preceding 12 weeks) multiplied by the normal working hours in a week
- for shift workers, it equals the average weekly hours of work in the preceding 12 weeks at the average hourly rate
- for workers with no normal working hours, a week's pay is the average pay received over the preceding 12 weeks.
The 12-week reference period should be made up of 12 weeks in which pay was due to the worker. Any week in which no remuneration was payable to the worker should be discounted, as should any weeks where the employee was for any amount of time on sick leave, maternity leave, adoption leave, shared parental leave, parental leave, or paternity leave.
If any weeks are discounted, ie no pay was received for a particular week, or the worker was on statutory leave as outlined above, earlier weeks should be considered until you get as close to 12 weeks as possible. In these circumstances, the maximum period you go back is 24 weeks.
If the worker has been employed for less than 12 weeks, holiday pay is based on the number of complete weeks for which the worker has been employed.
Calculate holiday pay for hourly paid staff
To calculate the average hourly rate, you only count the hours where the worker was working and the pay that related to those hours.
Staff should receive the same pay during any holiday period as they would if they were at work. Therefore, when calculating holiday pay for the 4 weeks of paid holiday leave derived from European law, an employer must include payments which are intrinsically linked to the performance of tasks the employee is obliged to carry out under the terms of the contract. This includes commission, bonuses, regularly paid allowances, and payment for additional hours the employee normally and repeatedly works. Other payments, such as overtime payments regularly paid to the employee should also be included, as should payments for professional or personal status relating to length of service, seniority, or professional qualifications. Employers may decide to extend this calculation to the full 5.6 weeks statutory paid holiday entitlement, but they do not have to.
However, case law has suggested all paid annual leave should be treated as a composite whole where each day of a holiday a worker takes includes, on a fractional basis, the various elements making up their total holiday entitlement (whether they be contractual or statutory). Employers should take this into account when making holiday payments where they are only applying the law on overtime, commission, allowances, bonuses etc (as outlined above) to the 4 weeks of holiday derived from European law to ensure underpayments of holiday pay are avoided.
The question of how much pay a worker is due during a period of holiday can be complex and has been the subject of several court judgments. Further information is available from the LRA Workplace Information Service on Tel 03300 555 300.
Calculate holiday entitlement for your employees.
Payments for untaken statutory holiday
In the UK, the statutory annual leave entitlement is 5.6 weeks. A worker must take at least four weeks' paid holiday per leave year.
What a worker does with the remaining 1.6 weeks depends on their employment contract.
For example, you could allow them to carry those 1.6 weeks into the next leave year or state that all 5.6 weeks must be taken by the end of the leave year.
However, you cannot make a payment in lieu for any days that remain untaken. The only time you can make a payment in lieu of the statutory holiday entitlement is when the contract of employment terminates, and the worker has accrued entitlement to holidays and is unable to take them before they leave.
Payments for untaken contractual holiday
At the end of a leave year, you may find you have an employee who has some untaken contractual annual leave, ie annual leave over and above the statutory minimum of 5.6 weeks.
Depending on their employment contract, the employee may be entitled to either carry over the untaken days, or receive a payment in lieu of those untaken days.
When to pay workers their statutory holiday pay
Workers must receive their statutory holiday pay at the time that leave is taken.
It's, therefore, unlawful to not pay a worker while they are on holiday and pay them an allowance as part of their wages or salary instead - a system known as rolled-up holiday pay.
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Calculating holiday entitlement for atypical workers
How to work out statutory paid annual leave for part-time staff, shift workers, casual workers, and others.
There are various ways of working out the holiday entitlement for workers who don't have regular working arrangements or patterns.
Part-time workers
Paid holiday entitlement is calculated pro-rata for part-time workers.
For example, if a member of staff works three days a week, they are entitled to 16.8 days (5.6 x 3).
Shift workers
It is sometimes easier to calculate holiday entitlement as shifts.
For example, if a member of staff works four 12-hour shifts followed by four days off, the average working week is 3.5 12-hour shifts. So 5.6 weeks' holiday is 5.6 x 3.5 = 19.6 12-hour shifts.
For other shift patterns, it may be easiest to calculate according to the established repeating pattern.
More irregular working patterns: calculating holidays in hours
Annualised hours
If a member of staff works annualised hours, you need to calculate how many hours a week they work on average over the whole year.
For example, if a member of staff works a total of 1,600 hours a year, or 34.48 hours a week over 46.4 weeks of the year, the holiday entitlement is 5.6 weeks x 34.48 hours a week = 193.09 hours of holiday for the year.
Compressed hours
For someone working compressed hours, for example, a 36-hour week over four days instead of five, their annual holiday entitlement is 36 hours x 5.6 weeks = 201.6 hours of holiday for the year.
Rather than taking a day's holiday, they would take the number of hours that they would have otherwise worked on that day (ie for 36 hours worked over four days, they would take nine hours' holiday for each day otherwise worked).
Calculating no fixed hours contracts (casual work, including zero-hours contracts)
To calculate the average hourly rate, only the hours worked and how much was paid for them should be counted. Take the average rate over the last 12 weeks.
A 'week' usually runs from Sunday to Saturday. Only use another 7-day period (like Thursday to Wednesday) if that's how a worker's pay is calculated.
You can also get further information from the LRA Workplace Information Service on Tel 03300 555 300.
Part days
Calculations may result in part days, eg 22.4 days for someone working four days a week. In some cases, it may be easier to work the holidays out in hours.
If this is the case, you could:
- Allow the worker to leave early or arrive late one day. For example, for someone working an eight-hour day taking 0.4 of a day's holiday, you could allow them to leave after working for four hours and 48 minutes (480 minutes x 0.6 of a working day = 288 minutes) or allow them to arrive three hours and 12 minutes late (0.4 of a working day).
- Round the entitlement up to the nearest full day - or half day if this is still easy for you to administer. You cannot round entitlements down.
- Allow the worker to carry the part day over into the next leave year (and then perhaps round up to the nearest full day).
- Pay them for a part day. However, you can only do this if the worker's paid holiday entitlement is more than 5.6 weeks as you cannot pay a worker in lieu of an untaken statutory holiday - see calculating and paying holiday pay.
Term time or part-year workers
Recent case law has determined workers employed on a continuous contract throughout the year, and who work for varying hours during certain weeks of the year, such as those who work only term time, are entitled to 5.6 weeks of leave each year. This entitlement applies even though there are some weeks in the year when they do not work.
In such instances, holiday pay is calculated by averaging the pay received during the 12 weeks before the commencement of their leave. If there are weeks during the 12-week period where no pay was received, these weeks are disregarded and the employer must count back to include a total of 12 weeks in which pay was received.
Although there may be times when a part-year worker receives a higher payment than a full-time worker - this is compliant with the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000, as the part-time worker is not being treated less favourably. There is no legislative provision to prevent part-time workers from being treated more favourably.
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Holiday entitlement for employees on statutory family-related leave
Holiday entitlement for staff on family-related leave.
Employees taking statutory maternity, adoption, paternity, parental leave, and parental bereavement leave will continue to accrue statutory paid holiday and, in many cases, any contractual holiday entitlement. If, by the end of the current holiday year, an employee has been prevented from taking part or all of their holiday leave entitlement due to being on one of these types of statutory leave, they have a right to carry over up to 5.6 weeks untaken statutory holiday leave into the new holiday year.
Holiday entitlement and maternity/adoption leave
Employees on maternity or adoption leave continue to accrue both statutory and any contractual paid holiday during both ordinary and additional maternity/adoption leave.
A statutory paid holiday cannot be taken at the same time as maternity/adoption leave. When you are planning for the maternity/adoption leave, you may wish to discuss taking any outstanding holiday and perhaps delay the start of their maternity/adoption leave.
Alternatively, it may be possible for them to take holiday at the end of the maternity/adoption leave period.
If a new holiday year starts, the employee is on maternity/adoption leave and holidays haven't been taken, the employee has a right to carry over up to 5.6 weeks untaken statutory holiday leave to the new holiday year.
When you are planning, you should both be aware that maternity and adoption leave cannot start later than the date of the child's birth or placement for adoption, so an early birth or placement could shorten the amount of annual leave the employee is able to take.
Read more on maternity leave and pay and adoption leave and pay.
Holiday entitlement and paternity leave
Employees continue to accrue their statutory and any contractual paid holiday entitlement while they are on statutory paternity leave.
Read more on paternity leave and pay.
Holiday entitlement and shared parental leave
Employees continue to accrue their statutory and any contractual paid holiday entitlement while they are on shared parental leave.
Read more on shared parental leave and pay.
Holiday entitlement and parental leave
Employees continue to accrue their statutory paid holiday entitlement while they are on parental leave. They will also continue to accrue contractual holiday entitlement if this is provided for in their contract of employment.
See parental leave and time off for dependants.
Holiday entitlement and parental bereavement leave
Employees continue to accrue their statutory paid holiday entitlement while they are on parental bereavement leave. They will also continue to accrue contractual holiday entitlement if this is provided for in their contract of employment.
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Pay and time off on public and bank holidays
Including bank and public holidays as part of your workers' statutory paid holiday entitlement.
You do not have to give staff paid time off for bank and public holidays. However, you should set out in a worker's contract:
- any right to time off on bank and public holidays
- whether or not that time off is paid
- what you will pay them if they work one of these days, ie whether you will pay the normal rate of pay or an enhanced rate, eg time-and-a-half or double time
Note that if you allow a worker time off for bank and public holidays over a significant period of time, it may become an implied term of their contract via custom and practice, ie the term is not actually written in the contract document but is still part of the contract.
Part-time staff
Part-time staff have the same entitlement to leave as full-time workers. Therefore, if full-time staff are given paid leave for bank and public holidays, part-time workers should also receive this benefit on a pro-rata basis.
This can be a problem if most of the bank and public holidays fall on days when a part-time worker doesn't normally work.
A best practice example is as follows:
An employer has both part-time and full-time staff. In a particular year, there are ten bank/public holidays. The full-time staff work a five-day week, Monday to Friday. There are also part-time staff working a two-day week, some on Monday and Tuesday, some on Wednesday and Thursday, and some working varying days.
The employer allows all workers the day off in respect of all bank/public holidays falling on a day they would ordinarily have worked. Furthermore, for those part-time staff working Wednesday and Thursday (or varying days) who would never (or rarely) work on the day a bank/public holiday falls, the employer allows them a pro-rata entitlement of days off in lieu based on the number of days they work, by way of best practice. They, therefore, receive two-fifths of the ten-day entitlement.
This approach ensures that all workers enjoy a share of the benefits received by full-time staff.
Read more on employing part-time workers.
Bank and public holiday dates
When the Christmas and New Year public holidays fall at a weekend, other weekdays are declared public holidays. These are usually the following Monday and, if necessary, the Tuesday.
If a worker normally works weekends, and Christmas Day, Boxing Day or New Year's Day fall on a weekend, entitlement to time off depends on their employment contract. This may be something that is explicitly agreed upon in the terms of the contract or could have been incorporated through custom and practice.
However, entitlement will not depend on the contract if you are operating on the statutory entitlement of 5.6 weeks.
See bank and public holidays in Northern Ireland.
Special bank holidays
Dates of bank holidays can be changed or extra holidays declared to celebrate special occasions. For example, there was an extra bank holiday on Monday 8 May 2023 to mark the coronation of His Majesty King Charles III.
A worker's minimum paid annual leave entitlement is 5.6 weeks. There is no statutory time off for bank holidays and public holidays. However, you may choose to include these as part of that worker's entitlement.
Where a worker's contract states they are entitled to the statutory minimum annual leave, an extra bank holiday would not increase their paid holiday entitlement.
However, if a worker had a contract that entitles them to 20 days' annual leave plus all bank and public holidays, they should be entitled to the additional bank holiday as annual leave.
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Taking holiday - notice periods, restrictions and sickness
Holiday request procedures, notice periods what to do when workers are sick.
Workers must give you notice that they wish to take leave. You can agree the notice period with your workers and should set this out in writing.
If there is no agreement in place, they must give notice of at least twice the length of the intended leave period. You must reply within the same length of time as the intended leave.
For example, if the worker gives two days' notice for one day's leave, you must reply within one day. Even if the worker gives sufficient notice, you may still refuse the request - but be as reasonable as you can. You should retain a record of the refusal reason, and act consistently with respect to any refusals, within reason.
Restricting when holiday may be taken
You may restrict the taking of leave. Restrictions could:
- be stated in the employment contract
- have built up via custom and practice
- be negotiated with trade unions or employee representatives
Examples include:
- specifying periods when leave may or may not be taken
- capping the amount of leave that can be taken at any one time
- shutting down for certain periods, eg between Christmas and New Year or for two weeks in August
If you don't have an agreement for taking leave and you want workers to take all or part of their holiday entitlement on certain dates, you must give notice of at least twice as long as the leave period.
Resolve clashes between requests for leave by considering the needs of the business, eg peak season or a quieter period, the individual circumstances, or by setting out clear rules for booking leave. It may be helpful to formalise cover for key staff on annual leave.
If you set restrictions on when holidays can be taken, bear in mind the need to avoid indirect discrimination - read more on how to prevent discrimination and value diversity.
You should also note that it's unlawful to prevent a worker from taking their statutory paid holiday entitlement. Therefore, you may have to allow a worker's annual leave request right at the end of the leave year to ensure that they have taken their full entitlement of 5.6 weeks or 4 weeks where you have agreed carry over.
Workers will also be able to carry over up to 4 weeks of holiday leave where:
- the employer fails to recognise a worker's right to paid holiday leave
- the employer fails to give the worker reasonable opportunity to take holiday leave or to encourage them to do so
- the employer fails to inform the worker that any holiday leave not taken by the end of the holiday leave year, which can be carried over, will be lost
Accruing annual leave during sick leave
A worker continues to accrue their statutory minimum holiday entitlement as normal while absent from work due to sickness. This is regardless of how long the period of sickness lasts.
Depending on the terms of their employment contract, they may also accrue any additional contractual annual leave that they would normally be entitled to.
Taking annual leave during sick leave
A worker is entitled to take statutory annual leave while on sick leave.
If the worker chooses to take annual leave while they are on sick leave but they are not receiving any sick pay, you pay them their normal holiday pay.
A worker is most likely to choose to take annual leave while on sick leave if they are:
- not entitled to sick pay of any kind
- on sick leave for a long period and, as a result, you have stopped paying them sick pay
- due to return to work shortly before the end of the leave year and, as a result, would be unable to take their full holiday entitlement following their return to work
Changing annual leave to sick leave
A worker can choose to change a period of annual leave during which they are sick to sick leave. This would occur if they either:
- become sick while on annual leave
- have a period of sick leave that continues into a pre-arranged period of annual leave
Once the worker returns to work, they can then make arrangements to take the annual leave they missed at a later date.
Where a worker is on sick leave instead of annual leave, you should consider asking them for evidence of their sickness in line with your usual sickness absence procedures and in line with any eligibility criteria for statutory sick pay.
For example, to qualify for full pay while sick, you could:
- require a worker to inform you as soon as reasonably possible that they are sick
- request that they provide you with medical evidence of that sickness
For more information about sick pay, see understanding statutory sick pay.
Carrying over annual leave that is left untaken due to sickness
If a worker is unable to take all their statutory annual leave entitlement within a leave year because of illness, they will be entitled to carry forward up to 4 weeks of the unused statutory entitlement to the next leave year. Holiday leave carried over in this way must be taken by the end of the period of 18 months from the end of the holiday leave year in which the entitlement originally arose.
If you need further advice on sick leave and/or annual leave, you should contact the Labour Relations Agency Workplace Information Service on Tel 03300 555 300.
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Holiday pay on termination of employment
Calculating holiday pay when workers leave your employment.
When your workers leave a job - even if you have dismissed them without notice for gross misconduct - they must receive pay for any statutory leave they are entitled to in the current leave year but have not taken.
This entitlement is not subject to a minimum period of employment.
Formula to calculate pay due to workers who resign
You can work out the pay due using the simple formula (A x B) - C, where:
- A is the total holiday entitlement for the year
- B is the fraction of the year to the date of leaving
- C is the amount of holidays already taken
Example: Part-time worker
For example, a part-time worker works three days per week. Like all workers, they are entitled to 5.6 weeks of paid annual leave.
They leave a job seven months into the leave year having taken eight days off. This is the equivalent of 2.66 weeks (8 ÷ 3).
Applying the formula above: 5.6 x (7 ÷ 12) - 2.66 = 0.61 weeks' leave to be paid in lieu.
Note that, if you need to, you should round this figure up to prevent underpayment.
If you pay a worker on a daily basis, you can also work out their outstanding holiday entitlement in days.
Example: Full-time worker
For example, a worker working five days per week is entitled to 5.6 weeks per year, the equivalent of 28 days (5.6 x 5).
They leave a job three months into the year having taken four days off.
Applying the formula above: 28 x (3 ÷ 12) - 4 = 3 days' leave to be paid in lieu.
Note that, if you need to, you should round this figure up to prevent underpayment.
You need to get the worker's signed agreement to make a deduction from the final payment to them for any leave taken over their entitlement.
Calculate pay when workers fail to give the correct period of notice
Holiday pay would usually sit separately from notice entitlement and would be earned up to the date the worker leaves your employment.
However, if a worker leaves employment without giving the correct period of notice, they could be in breach of their employment contract if the contract contains a clause stating what will happen if this occurs eg deductions will be made from earned pay.
Calculating leave pay due to workers who you dismiss
If you dismiss a worker, they have the right to be paid for leave accrued during their period of employment, no matter how short it was.
To work out B when using the formula above, you need to know the worker's termination date.
If you dismiss a worker with notice, the termination date is the date the notice period expires.
If you dismiss a worker without notice, the termination date is the date you summarily dismissed the worker.
An employee's written statement of employment particulars should contain information to enable them to calculate their entitlement to accrued holiday pay when they leave.
Taking annual leave during the notice period
A worker may wish to take some or all of their outstanding annual leave as part of their notice period. This should be treated the same as for any other holiday request - taking into account your usual procedure for authorising annual leave. Read more on taking holiday - notice periods, restrictions and sickness.
You can also insist by giving appropriate notice or because it is clearly expressed in the contract of employment, that a worker takes any holiday owed to them as part of their notice period.
If a worker takes part of their paid leave entitlement during their notice period, you may reduce their notice pay by the amount of holiday pay, provided it is in respect of the same leave year.
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Managing staff holiday entitlement: five top tips
Follow these tips to help you successfully manage each worker’s holiday entitlement.
The majority of your workers are legally entitled to paid holidays. The following top tips will help you to successfully manage each worker's holiday entitlement.
Tips for employers to manage staff holiday entitlement
1. Calculate holiday entitlement
A worker's statutory paid holiday entitlement starts on the first day of employment and is 5.6 weeks per year (28 days for a worker working a five or six-day week) - see holiday entitlement and statutory holiday pay.
2. Consider irregular hours
Ensure that you work out holiday entitlement for any staff who don't have regular working arrangements. These can include part-time workers, shift workers, and casual workers - see calculating holiday entitlement for atypical workers.
3. Include in employment contracts
Set out your employee's paid holiday entitlement in their employment contract to avoid any disagreements - see the employment contract.
4. Consider bank and public holidays
You do not have to give staff paid time off for bank or public holidays, but ensure that you include this in your employees' contracts. If you allow a worker time off for bank and public holidays over a significant period of time, be aware that it may become an implied term of their contract, even if it is not written in the contract of employment - see pay and time off on public and bank holidays.
5. Agree notice periods
Workers must give you notice if they wish to take leave. You can agree the notice period with them and you should set this out clearly in writing - see taking holiday - notice periods, restrictions, and sickness.
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Advantages of employment policies
In this guide:
- Set up employment policies for your business
- Advantages of employment policies
- Employment policies: what types should I use?
- Working time and time off policies
- Equality and diversity workplace policies
- Health and safety workplace policies
- Disciplinary, grievance, bullying and harassment policies
- Workplace policies to help you protect your assets
- Anti-bribery policies
- Training and performance management policies
- Pay, rewards and benefits policies
- Managing personal relationships at work
- Writing and communicating staff policies
Advantages of employment policies
Why it’s beneficial to have employment policies in place in your business.
There are many advantages to having suitable employment policies in place. For example, setting standards within your business can help with healthy workplace relations.
Benefits of having employment policies
Other advantages of having employment policies can include:
- a reduction in the need for disciplinary and legal action
- increased productivity and morale
- better employee retention
- employees know what is expected of them
- protection from breaches of employment legislation
- a framework where a delegation of decision-making is equitably agreed upon can maintain morale
- providing a means of communicating information to new employees
Clear policy making can also be positive for your business' reputation externally, eg among clients and the local community.
Having suitable policies in place can also make it easier to attract new staff.
To access templates for workplace policies that you can download, tailor, and use, see HR documents and templates.
Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
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Employment policies: what types should I use?
A list of the common types of employment policies that employers can set up.
The employment policies that you have will depend on the size and nature of your business. For example, if your staff operate machinery, it may be a good idea to implement a specific staff policy on drugs and alcohol use. If most of your staff use computers most of the time, you should have an email and internet acceptable use policy.
Common types of employment policies
Type of Employment policy Further Information Maternity/paternity/adoption/parental bereavement policy Statutory leave and pay entitlements Working time and time off policy Working time Equality and diversity workplace policy Diversity, equality, and inclusion in the workplace Health and safety policy Health and safety Pay policy Staff pay Bullying and harassment policy Bullying and harassment Rewards, benefits and expenses policy Expenses and benefits Discipline/dismissal and grievance policy Dismissing employees Redundancy policy Redundancy, restructures, and change Measures to improve performance or manage change Bribery policy Anti-bribery policies Policies on the use of company facilities, eg email, internet, and phone use Other key HR policies and templates Training and development policy Performance management and staff training templates Policy of right of search/social media usage Policies to help you protect your assets Patents and copyrights policy Patents, trademarks, copyright, and design Confidential information policy UK General Data Protection Regulation (UK GDPR) Policies on whistleblowing/protected disclosures Policies to help you protect your assets Smoking, drugs, and alcohol policies Workplace policies on smoking, drugs, and alcohol Sickness absence policy Absence and sickness policies: what to include Flexible working policy Flexible working: the law and best practice Hybrid working policy Hybrid working - employer guidance
To access employment policy templates that you can download, tailor, and use for your business, see HR documents and templates.Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
Employment policies: legal requirements
Note that it is a legal requirement to set out your health and safety policy in writing if you have five or more employees. It is also a legal requirement to set out your disciplinary rules and discipline and grievance procedures in writing.
If, following an assessment, there is a risk that someone performing services for your business might carry out acts of bribery, you will need to have a procedure in place to prevent such acts. Read more on anti-bribery policies.
Communicating your employment policies
A workplace policy can be part of your employee/company handbook or you could set it out in a separate document. However, for your discipline and grievance policies, you must either set them out in a written statement of main terms and conditions of employment or refer in a written statement to a place where the employee can read them, eg the company intranet.
You should make staff aware that your employment policies exist, particularly during the induction process - see induction programme: what to include, and make sure workers can easily access them if necessary, eg by having them pinned up on a noticeboard or put on the company intranet.
Employment policies: contractual status
Workplace policies generally aren't contractually binding unless they expressly state otherwise.
However, terms of some employment policies could be seen as contractually binding through custom and practice, ie where workers follow certain working practices or receive certain benefits over a significant period of time, and ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
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Working time and time off policies
Polices covering leave and absence, working hours, and overtime.
A policy on working time and time off should cover a number of areas.
Leave and absence
Occasionally, your workers will want or need time off.
In certain circumstances, you are legally obliged to give your workers time off, eg to take annual leave, attend health and safety training, time off for dependants, and carry out trade union duties. See parental leave and time off for dependants and allowing time off work.
In other circumstances, you can use your discretion, eg requests involving moving house or looking after a sick relative. However, having policies in place that pre-empt these types of requests will ensure that you deal with such matters consistently.
Working hours
Workers aged 18 years old or above may only work an average of 48 hours per week averaged out over a 17-week period (other limits apply for younger workers). However, they have the right to sign an opt-out agreement, which allows them to work more than this.
It's a good idea to manage these working hours and keep appropriate records. See hours, rest breaks, and the working week.
Overtime
You are not obliged to offer overtime to your workers or require them to work it. However, any overtime policy should still set out the rules on overtime. This is particularly important if your workers have come to expect regular overtime - they could claim it had become a contractual entitlement through custom and practice.
Rates of overtime pay should be agreed with employees, as no minimum statutory levels apply, although you should ensure that workers are paid at least the national minimum wage for all hours worked. See how to manage overtime.
Work-life balance
Encouraging work-life balance is important for your business. To achieve this, and as they are statutory rights, you should definitely have policies on:
- parental leave
- flexible working
- maternity, adoption, and paternity leave and pay
See how to promote good work/life balance in your business.
To access templates that you can download, tailor, and use, see time off work policies and procedures.
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Equality and diversity workplace policies
How promoting equality and diversity policies can benefit your business and create an open, communicative workplace.
Workers are protected from discrimination on a wide range of grounds, eg gender, sexual orientation, and age. See how to prevent discrimination and value diversity.
Business benefits of promoting diversity
Many successful businesses go much further and actively promote diversity in both their strategic and human resources policies. If you value everyone as an individual, research shows that diversity can help stimulate creative interaction, motivate employees, and improve business performance.
If you do not yet have an equality and diversity policy in place, you could find it a useful management and recruitment tool. It should:
- explain your business' stance on diversity
- show how you intend to achieve a diverse working environment
- describe how managers and staff can participate in the business's commitment to diversity both within and outside the organisation
It's therefore important that workers contribute to the policy-making process. You can do this by asking them for their views on, for example:
- promoting good relationships in the workplace between individuals, managers, teams, and employers
- treating all workers fairly
- valuing and respecting differences
- understanding workers' needs to balance work and family commitments
- how to communicate with individuals through formal and informal communication channels
Equality guidance for small businesses
The Equality Commission supports businesses and helps to promote good practice in equality, diversity, and inclusion. Read the Equality Commission guidance for small businesses.
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Health and safety workplace policies
Legal obligations and best practices when writing health and safety policies.
If you have five or more employees, you must by law have a written health and safety policy. The health and safety policy should set out:
- your general approach and objectives in relation to health and safety
- the arrangements you have in place for managing health and safety in your business
However, good health and safety practice means that you should not only have such a policy but also manage it in a way that benefits your business, workers, clients, and local community.
Write a health and safety policy for your business.
Read Health and Safety Executive for Northern Ireland (HSENI) guidance on health and safety.
Policies to promote staff well-being
To promote the health and well-being of your staff, you also might want to consider policies on specific health-related issues, such as:
- stress at work - see how to deal with stress
- smoking, drugs, and alcohol - see workplace policies on smoking, drugs, and alcohol
To back up your health and safety policies, you may decide to introduce a range of facilities promoting good health amongst your workforce, eg gym access deals (dependant on gym contract terms), advice on how to give up smoking, alcohol or drugs counselling, and routine health check-ups.
The benefits for your business can include the improved overall health of your workers, and improved morale and productivity. See what you need to do about health and safety.
Consultation on health and safety matters
You're required by law to consult your employees on health and safety issues in the workplace and to make them aware of what's in your policy. See how to provide health and safety training and information.
However, you may decide to encourage them to get involved more fully in the process. This could involve devising safety rules, as well as giving useful feedback on how effectively policies are working.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
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Disciplinary, grievance, bullying and harassment policies
The legal requirement to have written workplace disciplinary and grievance policies.
You are required by law to set out your disciplinary rules and disciplinary and grievance procedures, in writing.
It's also common for employers to have a separate bullying and harassment policy for their workplace.
Discipline and grievance policies
You must tell each employee about:
- your disciplinary rules
- your disciplinary/dismissal and grievance procedure
- the name of the person to whom they should appeal if they are unhappy about a disciplinary or dismissal decision, or to seek redress for a grievance
This information can be included in the employee's written statement or the written statement may refer the employee to a document where they can read it, eg in a staff handbook - see Invest Northern Ireland Employers' Handbook.
If you fail to issue this information in writing, and one of your employees makes an industrial tribunal case against you and wins, you may have to pay up to four weeks' wages on top of any other compensation the tribunal may award.
It's important that your disciplinary rules give examples of the types of behaviour that qualify as gross misconduct, eg fighting, bullying, and stealing. If you find that an employee has committed an act of gross misconduct, you could be entitled to dismiss them summarily without notice or pay in lieu of notice. You should ensure that you comply with the statutory dismissal procedures and the LRA Code of Practice on Discipline and Grievance even when dismissing for gross misconduct.
Read more on disciplinary procedures, hearings, and appeals, handling grievances, and dismissing employees.
To access templates that you can download, tailor, and use, see grievance and disciplinary procedures and templates.
Employment document toolkit
If you require further help with drawing up your disciplinary and grievance policies, the Labour Relations Agency (LRA) has a free employment document toolkit. Once you have registered you can get access to their free core employment guides to help you build documents, policies, and procedures for your own organisation.
Bullying and harassment policies
Bullying and harassment are conduct issues and therefore would normally fall under your disciplinary policy. However, many employers have a separate bullying and harassment policy given that such behaviour:
- needs dealing with sensitively
- can amount to gross misconduct
- may involve unlawful discrimination
There is no legislation that is specifically designed to address workplace bullying. However, bullying can be successfully challenged through existing legislation, ie civil, criminal, and employment law.
You have a legal duty to protect the health and safety of your workers. Bullying can also lead to a breakdown in trust and confidence between you and the alleged victim, leading to the employee resigning and claiming constructive dismissal.
Sexual harassment and harassment on the grounds of sex, disability, race, sexual orientation, religion/belief, and age are unlawful. Even if a worker harasses a colleague, the victim can make a discrimination claim against you.
You should have a clear policy on bullying and harassment so that staff understands that it's unacceptable. The policy should also include a procedure for dealing with claims of harassment or bullying should they arise.
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Workplace policies to help you protect your assets
Policies that should help to protect your physical property, intellectual property, branding, reputation, and image.
It makes good business sense to have workplace policies on issues such as:
- intellectual property
- confidentiality
- social media usage
- use of company facilities
- dress and appearance
- whistleblowing
- the right to search
These help you protect both your tangible and intangible business assets, which, once lost, may be difficult to regain.
Policies on intellectual property protection and confidentiality
If you design products or create other original output, eg music or printed matter, it is important to protect your intellectual property.
Therefore you need a workplace policy that states that:
- any original product or material developed in the course of an employee's work remains the property of the business
- employees have a duty to keep company information confidential
If you intend to rely on any kind of penalty clauses, you should always seek legal advice.
Read more on protecting intellectual property.
Social media workplace policy
The use of social media at work presents responsibilities regarding employees using various sites. Having a written social media policy for your business provides clear guidelines for employees.
Read more on managing employee use of social media. Read the Labour Relations Agency's advice on social media and the employment relationship.
Policies on dress and appearance
You are entitled to set out a code covering how you expect employees to dress and generally present themselves. This is particularly important where there are health and safety issues involved, eg in factories, building sites, or kitchens.
However, you must ensure that these codes are non-discriminatory, particularly in relation to gender and religion/belief. Read the Fair Employment Code of Practice from the Equality Commission.
Policy on the use of company facilities
It's a good idea to set up clear policies about the use of company facilities. In particular, you should have a policy on the use of the internet, email, and telephone.
Most email and internet policies aim to strike a balance between business and personal use. Setting out boundaries will help to minimise the risk of:
- having to take disciplinary action against staff
- a third party taking legal action against you
- harm to your IT system
- leakage of confidential information
In addition, if you intend to monitor staff usage of company facilities then you should carry out an impact assessment in advance of this.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
Read more on monitoring and security of staff.
Whistleblowing policies
It is a good idea to have a policy on making protected disclosures - or 'whistleblowing'. This is because it will encourage workers to raise concerns about illegal activities and bad business practices internally - and prevent your business from receiving negative publicity.
Note that you do not need to treat the making of a protected disclosure as a grievance unless:
- the disclosure relates to a matter that the employee could raise as a grievance with you
- the employee intends for the disclosure to constitute the raising of a grievance
Read more on whistleblowing - qualifying disclosures.
Also see discipline, grievance, bullying, and harassment policies.
Right-to-search policies
You may only search an employee if this is allowed under their terms and conditions of employment.
Therefore, if you have a right-to-search policy, you should state that it is contractual. It is also important to remember that you should get an employee's consent before conducting a search.
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Anti-bribery policies
How to set up anti-bribery policies, and when your business may require them.
Your business may need to have a procedure in place to prevent acts of bribery.
You will only need such a procedure if - following an assessment - there is a risk that an agent, subsidiary or other person performing services for your business might carry out such acts.
Under UK law, there is a general offence of bribery, and of bribing a foreign official. Bribery is defined as giving someone financial or other advantages to induce them to perform their functions or activities improperly or to reward them for having already done so.
In addition, there is an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.
You will have a statutory defence to the last of these offences if your business has adequate procedures in place to prevent bribery on your behalf.
Preventing bribery
To prevent bribery - and have a defence in case a charge of bribery is made against you - you should:
- assess whether your business is at risk and, if so, the level of that risk
- have an anti-bribery policy in place containing procedures proportionate to the risk you have identified, the scope and size of your business, and the country/countries in which you do business
- use due diligence to assess who you are dealing with and who you appoint to represent you
- communicate, train and raise awareness among employees and business partners
- monitor and review your procedures
Anti-bribery policy
Your anti-bribery policy should:
- include a clear prohibition of the offer, gift or acceptance of bribes
- detail the procedures that should be followed during business transactions
- give guidance on the provision of gifts, hospitality or expenses that may influence the outcome of business transactions
- provide guidance on political and charitable donations, including a prohibition of the payment of donations to political parties or charities that are directly linked to obtaining new business or gaining a business advantage
- require that any donations made in good faith are publicly disclosed
Note that the following are not considered acts of bribery:
- providing genuine business hospitality
- carrying out proportionate and reasonable promotional activities
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Training and performance management policies
Implement training policies and appraisal systems to encourage and develop the skills of your employees.
Having a training policy in place will enable you to plug any skills shortages in your workplace. This is beneficial to employees and will also have a positive impact on business performance.
A training policy can be implemented to allow employees to perform their current role more effectively or support them through a change in role.
You should ensure that your training policy is appropriate. This can be achieved by assessing whether it fits with your business plan and through discussions with employees, eg you may decide to offer training in-house for specific tasks, general company guidance for new starters, or refresher training for existing employees. Develop a staff training plan.
Performance management
Implementing an appraisal system is another way of improving your business performance. It represents a good opportunity to discuss with individual employees both their strengths and weaknesses, areas for development, and agree on new aims and objectives with them.
Businesses commonly carry out appraisals within a few months of a new employee starting or changing role within the business. For established employees, you may decide to use the appraisal system once or twice per year.
Some of the benefits of having appraisal-related performance targets are that employees understand what is expected of them and how these fit into the wider aims of the business. Targets are also a way of gaining useful feedback and ideas on how your business can be more effective in the future. Read more on managing staff performance.
To access templates that you can download, tailor and use, see performance management and staff training templates.
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Pay, rewards and benefits policies
Setting the right pay rates for your employees and establishing policies around rewards and benefits.
Pay is a key aspect of your relationship with your employees. Setting the right pay rates for your business will likely take into account your need to attract talented employees and retain those that you have already. Above all, pay rewards should be fair, and the process transparent. See how to set the right pay rates.
You may decide to implement a results-related pay system, such as commission or bonuses. These are provided by your business in addition to basic pay and can be used to reward employees who perform at a high level:
- commission is calculated based on the performance of an individual or a team
- bonuses may be connected to the performance of the entire business
Depending on the sector in which your business operates, eg in the catering trade, setting up a tips and gratuities system may be more appropriate. There are some circumstances when tips and gratuities can count towards the national minimum wage. See guidance on tips at work. For further advice on this, you may wish to contact HMRC.
You should be aware that there are certain types of business expenses that are tax deductible and others that are not. They may need to be disclosed to the relevant authorities. Read more on expenses and benefits.
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Managing personal relationships at work
Issues to consider on intimate personal or family relationships in the workplace.
Many personal relationships begin with people meeting at work, and many of these lead to long-term partnerships. This should not be viewed as a problem in itself, but it's important to recognise that relationships at work can cause a number of issues for both employers and the workforce.
Why have a workplace relationships policy?
Any employment policy about relationships at work is intended to ensure that staff don't commit - and are not open to allegations of acts of:
- inappropriate behaviour, including harassment
- favouritism
- abuse of authority
- conflict of interest
It is also intended to ensure that all employees feel confident of fair and consistent treatment without the fear that a relationship will influence their or other employees' treatment or wider working relationships.
Depending on the size of your business, you may also want to extend the policy to cover other types of relationships, such as those between relatives or family members.
Some companies go so far as to specify in employment contracts that employees can't form an intimate relationship with someone they work with, although this is probably unnecessary in most workplaces.
What types of relationships would a policy cover?
For the purposes of creating a policy, 'intimate relationships' or 'close personal or family relationships' apply to those relationships between people in the same team or department, or between a line manager and one of their team that could potentially be problematic. It does not refer to a straightforward friendship between colleagues.
Issues that could arise include the following:
- If one of the couple is the other's manager, what happens if disciplinary action has to be taken against the employee? Who will do the employee appraisals or performance reviews?
- Does either of the couple have any financial responsibilities, such as authorising expense claims or overtime payments, or deciding pay rates or increases?
- What happens when the employee applies for a post for which the manager would be conducting the interviews? Or when someone related to an existing employee applies for a job? (Conflicts of interest should, where possible, be avoided. This would minimise tribunal risks.)
General policy on relationships at work: what might it cover?
If you choose to have a policy about personal relationships at work, it should clarify the behaviour you expect from employees, eg that the relationship shouldn't affect their work and that there should be no favouritism or preferential treatment, particularly where one employee is more senior than the other.
You may wish to include guidance on what to do if an employee involved in recruitment is aware that a partner, relative, or even a close friend has applied for a job. You could state that they should declare this at the earliest opportunity.
Depending on the position and the employee's own role, you should consider:
- any potential conflict of interest
- how an appointment might affect the working environment
- any resulting risks that the relationship might cause
- what steps could be taken to address these matters
Remember that it can be a positive thing to have friends and family working together, as well as considering the potential risks.
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Writing and communicating staff policies
How to create staff policies and communicate them to your staff.
When writing staff policies the main steps are:
- Preparing - collecting information (anonymous staff views can be sought via a survey or series of surveys), opinions, and examining the options. Policies are more likely to be accepted if staff are involved in drawing them up. Involve unions, especially if you have collective agreements that specify they should be consulted, or existing elected employee representatives. Alternatively, set up a joint working group.
- Developing - policies should suit the specific needs of the business.
- Implementing - inform staff and provide training.
- Reviewing - this is to check that the policy is being used and is not damaging the business.
Check that your workplace policies are not unlawfully discriminatory, eg in relation to pay or dress/appearance.
Employment document toolkit
If in doubt, or if you require additional help with drawing up your employment documentation, the Labour Relations Agency (LRA) has a free employment document toolkit. Once registered you can access their free core employment guides to help you build documents, policies, and procedures for your own organisation. Find out about the free employment document toolkit.
How should policies be communicated to staff?
You could inform your staff of workplace policies by:
- displaying them on noticeboards where staff can easily read them
- adding details of them to the company network or intranet
- communicating in presentations
- including in a staff handbook
- including in a collective agreement with a union
- emailing details of your policies to staff
- sending as a written letter to the staff
- consider including any new policy as an item on team meeting agendas
- including in a staff induction programme
Making changes to workplace policies
If you wish to make a change to a policy, you will need the employee to agree to the changes, unless their contract allows you to make such variations without such agreement (typically terms in relation to working hours, place of work, and duties).
If you fail to get employees' agreement, they may be entitled to sue for breach of contract, or resign and claim constructive dismissal. Ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
Introducing new workplace policies
If you are planning to introduce a new policy in your workplace, you should consider the following:
- What is the purpose of the policy?
- Have you consulted with managers, workers, and their representatives?
- Has someone been given overall responsibility for the policy?
- How are you going to communicate the policy to all workers?
- Have you given workers enough notice about the new policy?
- Have you thought through the potential cost of the policy?
- Does the policy change anyone's employment contract?
- How are you going to monitor and maintain the policy?
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What counts as pay?
In this guide:
- Staff pay
- What counts as pay?
- Issue pay slips to employees
- Statutory payments
- Guarantee pay: employee entitlement
- How to calculate guarantee pay
- Paying the National Minimum Wage and National Living Wage
- Paying workers holiday pay
- Making deductions from a worker's pay
- Direct Earnings Attachments (DEA): making deductions from an employee's salary
- Direct Earnings Attachment (DEA) payment schedule
- Calculate final pay when a worker leaves
What counts as pay?
Understand what counts as pay and what doesn't when paying a worker.
What is included as pay?
The following counts as pay:
- fees
- bonuses and commission
- holiday pay
- statutory payments, eg statutory sick, maternity, paternity, shared parental pay, adoption pay and parental bereavement pay
- overtime
- notice pay
What does not count as pay?
Pay does not include:
- loans to the worker
- refunds for expenses
- redundancy payments
- tips paid directly to the worker
- employer contributions to a pension scheme
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Issue pay slips to employees
Obligations for employers to issue itemised pay statements and penalties for not giving notice of variations in fixed deductions in staff pay.
As an employer, you are legally obliged to give each employee a written itemised pay statement, usually known as a payslip or wage slip. You must issue it at, or before, the time you pay your employee.
This right to receive an itemised pay statement does not apply to:
- people you pay who are not employees, eg freelancers and contractors
- certain other groups, including police and some people who work at sea
Pay slip: what you must include
An itemised pay statement or pay slip must show:
- gross wages or salary before deductions
- any fixed deductions - and the reasons for taking them - or the total figure for fixed deductions when you have provided a separate standing statement of the details
- any variable deductions - and the reasons for taking them
- net wages or salary payable after deductions
- a breakdown of each part-payment - such as part by cheque, part in cash
Standing statements of fixed deductions from pay
A pay statement does not have to include the amount and purpose of every separate fixed deduction every time.
However, if you don't issue a payslip that does this, you must give the employee a standing written statement of fixed deductions at least once every 12 months.
This must state for each item deducted:
- the amount
- the intervals at which the deduction is made
- the purpose or description, eg trade union subscription
You must give the employee this statement at, or before, the time of issuing any pay statement that quotes the total figure of fixed deductions.
Variations in fixed deductions
If there is any change to an employee's fixed deductions, you must give them either:
- notification in writing of the details of the change
- an amended standing statement of fixed deductions, which is then valid for up to 12 months
If a dispute occurs in the workplace between you and your employee, you may wish to seek advice and assistance from the Labour Relations Agency (LRA). The LRA may be able to help with resolving disputes before they escalate into a tribunal claim.
Tribunal claims in relation to pay statements
An employee may complain to an industrial tribunal where you have:
- Failed to give them any kind of pay statement.
- Not included all the required details in an itemised pay statement or standing statement of fixed deductions. As an employer, you can also apply to a tribunal for a decision on what should be included in a pay statement or standing statement.
- Dismissed them for seeking to enforce a right in relation to a pay statement. This right applies regardless of the employee's length of service.
Employees must make their complaint while employed by you or within three months of leaving your employment.
An industrial tribunal cannot deal with a question that is only about the accuracy of an amount in a statement.
Compensation for claims in relation to pay statements
A tribunal may award an employee compensation at its discretion if it finds that you made un-notified deductions of pay, ie deductions that did not appear on a pay statement or a standing statement.
The discretionary amount awarded will not exceed the total of the un-notified deductions during the 13 weeks immediately before the date the employee made their application to the tribunal.
All un-notified deductions enter into this calculation, whether or not they were made in breach of a contract of employment.
Arbitration services
The LRA provides an alternative to the Industrial Tribunal under the Labour Relations Agency Arbitration Scheme. Under the Scheme claimants and respondents can choose to refer a claim to an arbitrator to decide instead of going to a tribunal. The arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
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Statutory payments
Employee entitlement to statutory payments.
An individual may be entitled to a statutory payment if they:
- become a parent, including through adoption
- are off work due to illness
- are laid-off
- to deal with issues related to domestic abuse
To qualify for statutory payments, the individual must be an employed earner, ie someone working for an employer who is liable to pay secondary Class 1 National Insurance contributions on their wages or salary.
Statutory pay for parents
To be eligible for statutory maternity, statutory paternity, statutory adoption, statutory parental bereavement, or shared parental leave and pay, the individual must:
- meet certain qualifying criteria relating to minimum earnings, continuous employment, and - in paternity and adoption cases - their relationship with the child and the biological mother/other adoptive parent
- comply with certain notification rules
Statutory sick pay
Under certain conditions, you may have to pay statutory sick pay to an employee.
This is the minimum level of payment you must make to someone who is off work through illness. Their contract with you may also entitle them to more than this.
New pending legislation - Statutory Safe Leave
The passing into law of the Domestic Abuse (Safe Leave) Act (Northern Ireland 2022 will mean that employers in Northern Ireland will have the duty to offer at least 10 days of paid leave for victims of domestic abuse each leave year for the purposes of dealing with issues related to domestic abuse.
Although the commencement date of the legislation is yet to be confirmed, employers can take steps within their businesses to prepare for it by creating an environment where employees feel safe to disclose that they are experiencing domestic abuse. See workplace policy on domestic and sexual abuse.
Statutory payments: further information
Find out more about qualifying for:
- Maternity leave and pay
- Adoption leave and pay
- Paternity leave and pay
- Statutory sick pay and leave
- Shared parental leave and pay
- Parental Bereavement Leave and Pay
You can also call the HMRC Employer Helpline on Tel 0300 200 3200.
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Guarantee pay: employee entitlement
What guarantee pay is and who is eligible for it.
You may have to pay your employees a guarantee payment if you cannot provide them with employment on a day when they would normally work for you under their contract of employment.
This is to compensate for the loss, through no fault of their own, of what they would have earned in normal circumstances.
Entitlement to guarantee pay
Individuals are entitled to guarantee pay if they meet the following conditions:
- they are an employee, ie they are working under a contract of employment - see employment status
- they are not an excluded employee, as defined below
- they have worked for at least one month's continuing employment up to the day before the one that guarantee payment is being claimed for
- they have normal working hours and are normally required to work in accordance with their contract of employment
- the day they claim for is not a day they were on holiday, were sick, or not required to work under the contract of employment
- they must not have worked at all on what would be a normal working day (a day being the 24-hour period from midnight to midnight)
- the absence of work was not caused by industrial action, involving any of your other employees or employees working for your subsidiary or parent company
- the reason they did not work is because there was a recession in the employer's business or anything else disrupted the normal working of the employer's business, for example, a natural disaster or failing power supply
- they have not unreasonably refused an offer from you of suitable alternative work - this can be work other than what they normally do
- they have complied with any reasonable requirements imposed by you to ensure their services are available
Excluded employees
You do not have to pay guarantee pay to excluded employees. These are:
- masters and crew members involved in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel
- members of the police service and armed forces
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How to calculate guarantee pay
How to work out the amount of guarantee pay you must pay your staff and what the exceptions are.
To calculate guarantee pay, multiply the number of hours your employee would normally have worked on the day in question (as stated in their terms and conditions of employment) by their hourly rate.
Statutory guarantee pay is subject to an upper limit of £38 per day. This amount changes every year. Statutory entitlement is limited to five days in any three-month period. This entitlement is reduced pro rata for employees who work fewer than five days a week.
You do not have to pay guarantee pay for voluntary overtime.
Exemptions from the statutory guarantee pay provisions
The Department for the Economy can grant an exemption from the statutory provisions if you have your own collective agreement. For this agreement to be valid, all parties to the agreement must be making the application for exemption, ie you and your employee, and the guarantee payment must be as favourable overall to your employees as the statutory provisions.
The agreement must also provide a complaints procedure that either includes a right to independent arbitration in the event of a deadlock or specifies that your employee may complain to an industrial tribunal - in which case the tribunal would have jurisdiction over the agreement.
The Employment Rights (NI Order) 1996 also provides for an exemption being granted by the Department of Agriculture, Environment & Rural Affairs (DAERA) where there is an Agricultural wages order under which employees to whom the order relates have a right to guaranteed remuneration.
You do not have to pay statutory guarantee pay on top of any contractual entitlement.
Employment protection rights
It is unlawful to dismiss an employee for seeking guarantee pay.
It is also unlawful not to pay guarantee pay to an employee if they are entitled to it.
In both of these cases, the employee can complain to an industrial tribunal.
Arbitration services
The Labour Relations Agency (LRA) provides an alternative to the Industrial Tribunal under the Labour Relations Agency Arbitration Scheme. Under the Arbitration Scheme claimants and respondents can choose to refer a claim to an arbitrator to decide instead of going to a tribunal. The arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
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Paying the National Minimum Wage and National Living Wage
You must ensure you pay your workers at least the National Minimum Wage or National Living Wage depending on their eligibility.
Most workers who are above compulsory school age must be paid at least the National Minimum Wage or National Living Wage.
The rate you must pay varies depending on the worker's circumstances.
To find out how to calculate a worker's pay for the purpose of comparing it to the appropriate minimum wage rate, see National Minimum Wage and National Living Wage - calculating minimum wage pay.
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Paying workers holiday pay
Employees' entitlement to paid annual leave.
A worker is entitled to take at least 5.6 weeks paid annual leave.
This is equivalent to, for example:
- 28 days for those who work five days a week
- 16.8 days for those who work 3 days a week
Bank and public holidays
The minimum paid annual leave entitlement can include bank and public holidays.
Workers have no statutory right to take a day's leave on any bank or public holiday or to higher rates of pay if they work on such days.
You must set out in an employee's written statement of employment their holiday entitlement, including arrangements for bank and public holidays, and holiday pay.
Carrying over annual leave
Workers must take at least four weeks' annual leave. Any additional leave may be carried over to the following leave year where this is agreed by you and your worker.
Payment in lieu of annual leave
The only time you can make a payment in lieu of any outstanding holiday is when a worker's employment ends.
Rates of holiday pay
The rate of holiday pay is generally the normal rate for the worker. So for those workers who are paid monthly, their annual salary is divided into 12 equal payments and when they take a holiday it has no effect on their pay slip.
Case law has determined that guaranteed and non-guaranteed overtime should be considered when calculating a worker's statutory holiday pay. Further, the Court of Appeal in Northern Ireland determined that where voluntary overtime constitutes part of an employee's 'normal working week' - this also may need to be taken into account when calculating holiday pay.
You only have to work out a special payment where your workers have varying pay rates, such as piece work. In those cases, the holiday pay will be equal to the average rate over the 12 weeks before the holiday.
Any week in which no pay was due should be replaced by the last previous week in which pay was received to bring the total to twelve.
This only applies to the statutory holiday periods. If you offer extra leave over and above the 5.6 weeks (including bank and public holidays) the rate of pay for these can be whatever is agreed with your employees.
Rolled-up holiday pay
It is unlawful not to pay a worker while they are on holiday and instead include an amount for holiday pay in the hourly rate of pay - something known as 'rolled-up holiday pay'.
You must always pay a worker their normal pay while they are actually taking their leave.
No fixed hours
If your workers do casual work with no normal hours, for example, on a zero-hours contract, the holiday pay of each worker will be based on the average pay they got over the previous 12 weeks.
These should be weeks in which they were paid. If they were not paid in one of those 12 weeks, because they did not work, the last paid week before that should be used to calculate their holiday pay.
Term-time or part-year workers
Recent case law has determined workers employed on a continuous contract throughout the year, and who work for varying hours during certain weeks of the year, such as those who work only term-time, are entitled to 5.6 weeks of leave each year. This entitlement applies regardless of the fact that there are some weeks in the year when they do not work.
In such instances holiday pay is calculated by averaging the pay received during the 12 weeks prior to the commencement of their leave. If there are weeks during the 12-week period where no pay was received, these weeks are disregarded and the employer must count back to include a total of 12 weeks in which pay was received.
Although there may be times when a part-year worker receives a higher payment than a full-time worker - this is compliant with the Part-Time Workers (Prevention of Less favourable Treatment) Regulations (Northern Ireland) 2000, as the part-time worker is not being treated less favourably. There is no legislative provision to prevent part-time workers from being treated more favourably.
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Making deductions from a worker's pay
Legally required deductions such as National Insurance and income tax.
You must not make deductions from a worker's pay unless:
- they are legally authorised, eg PAYE (Pay As You Earn) income tax, National Insurance contributions, deductions from earnings orders, student loan repayments
- they are allowed by the worker's contract - workers must have a copy of the relevant contractual term or a written explanation before you make the deduction
- they have agreed to the deduction in writing before the deduction was made
You don't always have to meet these conditions, for example, when:
- you make deductions to refund an overpayment of wages or expenses
- the worker is on strike
- the deduction is to satisfy a court order, eg to recover debts
Deductions for child maintenance
The Child Maintenance Service (CMS) of the Department for Communities (DfC) may ask you to make deductions from an employee's pay for child maintenance purposes. They may issue you with a deduction from the earnings order and ask you to establish a regular pattern of payments. See how to make child maintenance deductions from an employee's pay.
Direct Earnings Attachments
You may be asked as an employer to deduct benefit overpayments, including social fund loans, that an employee owes the Department for Communities (DfC) from their pay. Read more on Direct Earnings Attachments: making deductions from an employee's pay.
Deductions from the wages of retail workers
If your workers do retail work, you may make deductions from wages to recover cash shortages or stock deficiencies only if, in addition to meeting the above conditions, you:
- inform the worker, in writing, of the total shortfall you are recovering before you make the deduction
- issue a written demand on a payday for the repayment
- make the deduction - or the first in a series - no sooner than their first payday after telling them of the shortfall or, if you tell them on a payday, not before that day
- do not deduct more than one-tenth of the worker's gross pay on any given payday - you can recover any remaining shortfall on future paydays (note that one-tenth of gross pay does not apply when making the final payment on termination of employment)
- make the first deduction within 12 months of discovering the shortage
You should ensure that any deductions for shortages or stock deficiencies are not made unless you have conducted a thorough investigation to establish that the employee is liable for these. You should also take care when making any deductions not to breach minimum wage, as deductions must not reduce your employee's pay below the current minimum wage rate.
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Direct Earnings Attachments (DEA): making deductions from an employee's salary
The Department for Communities will write to you if you need to make DEA deductions for an employee.
Difficulty repaying a benefit or Welfare Supplementary Payment overpayment, Social Fund, or Discretionary Support Loan?
If your employee is having difficulty repaying their benefit overpayment, Social Fund, or Discretionary Support loan, they should act as soon as possible. Even if they have contacted the Department for Communities (DfC) before, they can get in touch to ask them to consider reducing the amount they repay.
If an employee is struggling financially or knows their repayments are no longer affordable, they can ask for them to be reduced by contacting Debt Management.
Further information is also available on financial support and advice from DfC.
As an employer, you may be asked to make deductions from an employee's pay towards benefit overpayments and Social Fund loans that the employee owes to the Department for Communities (DfC). This method of recovery is known as a Direct Earnings Attachment or DEA.
The DfC Debt Management will write to you with an instruction to set up and maintain a DEA if any of your employees are affected.
How a DEA works
Any instruction you receive from the DfC will state the total amount to be recovered from the employee's salary. It is important to note that this is the total amount owed to the DfC and not a deduction amount which must be calculated as a percentage of net earnings. To operate the DEA, you will need to take the following steps:
- for each salary cycle, calculate how much to deduct from your employee's salary
- check if your employee has other debt orders to pay and if they take priority over a DEA
- advise your employee that money will be deducted from their salary in respect of monies owed to the DfC
- deduct the money from your employee's salary
- pay the money to DfC no later than the 19th day of the month following deduction in your payroll
- continue to make employee deductions and payments to the DfC until the total amount stated in the instruction has been repaid or the DfC tells you to stop
Record keeping for DEA
You must keep a record of deductions and tell the DfC when an employee leaves your company.
You could be fined up to £1,000 if you don't make DEA deductions when requested to.
Download Direct Earnings Attachment employer guidance (PDF, 1.0MB).
Employer help with DEA or payments
You can also call the employer helpline if you have questions about how to run a DEA or pay the DfC:
Employer Helpline
0800 587 1322 (Monday to Friday, 9am to 4pm)
Calculating the DEA deduction
There are two deduction percentage rates which may be used for calculation - Standard Rate and Higher Rate.
The instruction from DfC Debt Management will let you know which of these rates to apply. The rate may change throughout the life of the DEA, from Standard to Higher and vice versa, and you will be notified of this by letter.
To calculate the deductions from your employee's salary, for each salary cycle you'll have to:
- work out the employee's earnings after tax, class 1 National Insurance, and workplace pension contributions (net earnings)
- check if the employee has other debt orders and if they take priority over a DEA
- use the tables below (standard or higher) to establish the appropriate percentage deduction rate
- multiply the net earnings figure by the percentage rate to calculate the DEA amount
Note: if you are calculating a DEA based on a daily rate, you must also multiply the daily rate figure by the number of days in the pay period.
If payments are made every two or four weeks, calculate weekly pay and deduct the percentage in the table.
If the total of all deductions is more than 40% of the employee's net earnings, the DEA must be adjusted.
Deductions from earnings rate
AMOUNT OF NET EARNINGS
(Net earnings are gross pay, less income tax, Class 1 National Insurance, and superannuation contributions)
Deduction from Earnings Rate
(Standard)
Rate to apply (% of net earnings)
Deduction from Earnings Rate
(Higher)
Rate to apply (% of net earnings)
Daily Earnings
Weekly Earnings
Monthly Earnings
Up to £15
Up to £100
Up to £430
Nil
5% Between £15.01 and £23
Between £100.01 and £160
Between £430.01 and £690
3%
6% Between £23.01 and £32
Between £160.01 and £220
Between £690.01 and £950
5%
10% Between £32.01 and £39
Between £220.01 and £270
Between £950.01 and £1,160
7%
14% Between £39.01 and £54
Between £270.01 and £375
Between £1,160.01 and £1,615
11%
22% Between £54.01 and £75
Between £375.01 and £520
Between £1,615.01 and £2,240
15%
30% £75.01 or more
£520.01 or more
£2,240.01 or more
20%
40%
What counts as earnings?
When calculating DEA payments, you should include as earnings:
- wages and salary
- fees
- bonuses
- commission
- overtime pay
- occupational pensions if paid with wages or salary
- compensation payments
- Statutory Sick Pay
- most other payments on top of wages
- pay in lieu of notice
Don't count:
- Statutory Maternity Pay
- Statutory Adoption Pay
- Ordinary or Additional Paternity Pay
- guaranteed minimum pension
- any money that the employee gets from the Government e.g. benefits, pensions or credits
- Statutory Redundancy Pay
- expenses
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Direct Earnings Attachment (DEA) payment schedule
The supporting payment schedule for a DEA that must be completed and issued in order to ensure that the correct payment is allocated to the correct debtor account.
The Department for Communities (DfC) requires that a supporting payment schedule for Direct Earnings Attachment (DEA) be completed and issued in order to ensure that the correct payment is allocated to the correct debtor account. This schedule is only required if you are making one overall payment in respect of several employees. However, if you are making a single DEA payment by cheque, you must send a payment schedule.
For a single DEA payment, please ensure that you include your employee's National Insurance number and not their name.
DfC Debt Management has introduced an email route to receive payment schedules from employers, this is the preferred way for payment schedules to be sent.
DEA payment schedule template
Download the payment schedule template for DEA (XLSX, 82K).
For data security reasons the data required for the email payment schedule is slightly different to that on the paper schedule. By restricting the data recorded on the email payment schedule DfC Debt Management will still have enough information to correctly allocate payments to our customer records, whilst minimising the risk of personal data being fraudulently used should the email fall into the hands of a third party. Schedules do not need to be encrypted before emailing.
The postal route for sending payment schedules remains in place and a schedule template for use when forwarding schedules is available in appendix 2 of the DEA: a guide for employers (PDF, 1.0MB).
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Calculate final pay when a worker leaves
Deductions to make from outstanding pay owed when an employee leaves the business.
When a worker leaves your employment, you must give them:
- any outstanding pay, including overtime
- pay in lieu for any untaken holiday
- bonus payments, if earned
- any statutory sick pay, if they are entitled to it
- pay instead of notice if you do not require them to work their notice period - note that the contract of employment must provide for this, otherwise the employee must agree to it
- redundancy payment, if due
If the worker leaves before or during their statutory maternity or adoption pay period, you must also start paying - or continue to pay - them statutory maternity or adoption pay.
You could also give them:
- a pension refund, depending on the rules of the scheme
- a lump-sum payment as compensation for loss of their job
- an enhanced redundancy payment if you have made them redundant - this might be either contractual or paid on a discretionary, and non-discriminatory, case-by-case basis
What you should deduct from a worker's final pay
You must deduct the following items from what you owe the worker:
- income tax
- relevant National Insurance contributions
You might also need to consider deductions in respect of matters such as:
- money given for season ticket loans
- any other outstanding loans
- amounts to be paid under any car leasing agreements
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