HR Quiz Answers: Can you answer these most commonly asked questions?
- Date: Monday 29th August 2016
- Protected Characteristics under the Equality Act 2010 are:
- Gender Reassignment
- Pregnancy & Maternity
- Sexual Orientation
- Religion or Belief
- Marital Status
2. If an employee’s performance, attendance or behaviour is affected by any of these protected characteristics, you need to consider making reasonable adjustments. These adjustments are meant to create a supportive environment for the individual, enabling them to perform their duties as well as somebody who is not affected by any of the protected characteristics. This can mean workstations adaptations, educating other staff and/or ensuring they are treated equally and fairly at all times. Adjustments need to be reasonable, which may exclude disproportionate expense, special treatment, additional time off or job creations, depending on the situation.
3. No. Employees with less than two years service are unable to claim unfair dismissal. However, they are able to put in a claim against dismissal for an automatically unfair reason such as discrimination, whistle-blowing or breach of procedure. Therefore, if your disciplinary policy states that all employees are covered by the full process, you still need to follow all steps of your procedure. Even if you insert a caveat that you are entitled to skip steps for employees with short service, you still need to ensure a fair hearing takes place and that any potential discrimination issues or issues connected with the protected characteristics under the Equality Act 2010 are addressed.
4. There are a number of options for Dads to take leave:
Paternity Leave – Either one or two weeks, to be taken in one block, paid at the current statutory rate.
Shared Parental Leave – In essence, sharing the mom’s right to maternity leave and pay. This can be done in blocks, or simply split in half.
Holiday – Many Dads still use this option because they want to avoid a loss of income.
Unpaid leave – Some employers decide to top up paternity leave with unpaid leave, especially if there have been complications or changes in dates.
5. Every employee is entitled to request flexible working and employers also have to consider granting leave for emergencies relating to dependants. Any leave granted is usually unpaid (unless you make different arrangements) and meant to enable employees to make more permanent arrangements, rather than regularly providing care themselves.