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These are our most frequently asked questions at HR Advantage Ltd, if you have a question that you need answering and it isn't here, register and ask our expert


I have been asked if I would have a foreign student from Italy on "work experience" for a few months.  They do not want paying but would want accommodation and meals. Would this be OK?
Workers from the European Community have the same protection as UK citizens. Therefore they are entitled to such protection and benefits as Statutory Minimum Wage and WTR holidays. The only exception which may apply will be if they are studying for a vocational qualification and are with you by arrangement with their College or University and that the period is covered by regular assessment, supervision etc arranged by the College.
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I appointed a new secretary three months ago who has now suggested that she be allowed to work part-time to give more time to her children. This will cause me real problems. Do I have to agree?
Strictly speaking she does not have the right to request flexible working arrangements until she has 26 weeks continuous service. However, she will soon reach this point and it would not be advisable to simply refuse the request outright. What it does do is to give you some time to consider the request without being tied down to a particular time-frame. Also, if she is still within her probationary period you may consider whether or not she is proving to be suitable for the position. However, any thoughts you may have in this regard should be discussed with a solicitor or HR professional as her dismissal could amount to sex discrimination.
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If I want to dismiss an employee on long-term sick do I still need to arrange a meeting with them?
Yes you do. However there may be good reason why the employee cannot attend and you should deal with this in a reasonable way. Perhaps you can arrange to visit the employee's home (with their agreement).
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Can I dismiss an employee who is pregnant?
A pregnant employee may be dismissed for reasons not associated with her pregnancy or birth of her child. However, extra care should be taken that this is the case and that the dismissal does not amount to discrimination (direct or indirect).
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I employ casual staff who come and go as the work is available. Do they have employment rights?
Yes they do. Employment legislation does not allow for casual employees to be treated any differently to other employees. In fact there are dangers in such arrangements with the possibility of such employees building continuous employments rights (Unfair Dismissal, Redundancy Pay etc) if it can be shown that the breaks in service are not intended to be permanent.
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