Can you answer these six scenarios correctly.
Scenario 01: One of your employees is on long-term sick leave after an accident. She has had to cancel her two-week summer holiday, but thinks she can rebook it when she returns to work. Is she right?
- Yes, she can rebook it or carry the holiday over.
- Yes, but she can rebook only at a time of your [the company’s] choosing.
- No, being ill on holiday does not invalidate the holiday.
Scenario 02: You are preparing your business for potential sale, and there will need to be a reduction in headcount. If you do this, are you at risk of legal action under Tupe law for dismissing people prior to the sale?
- Yes, Tupe applies and you could be at risk of legal action.
- No, Tupe applies but your actions are legally sound.
- No, Tupe does not apply with a business sale.
Scenario 03: A member of your staff has been posting extreme remarks on Facebook. His profile shows where he works, so you’re worried about your reputation. Do you have any say over what he does outside work?
- Yes, personal postings are always company business.
- No, unless you have a robust social media policy.
- No, what he says outside work is untouchable.
Scenario 04: You work in an industry where you need a lot of staff on stand-by. You’d rather avoid drawing up permanent contracts for them as things change so much, but is it legal to keep them on a zero hours contract?
- Yes, zero hours contracts are always perfectly legal.
- Yes, as long as you pay for any time waiting on site.
- No, the government has ruled zero hours contracts invalid.
Scenario 05: You recently held a party for clients and two of your staff ended up in a fight, with one needing hospital treatment. You’re still trying to work out what happened, but can you legally discipline the aggressor even though this happened off work property?
- No, your responsibility for staff stops at your front door.
- Yes, but only if they were identifiable as your employee.
- Yes, providing it was an official work event.
Scenario 06: One of your staff is consistently under-performing and her manager is keen to find some way to exit her from the business. A drawn-out performance management procedure could damage morale and productivity. What is the most appropriate option?
- Start an official disciplinary process against the staff member.
- Use a protected conversation to discuss their exit.
- Initiate termination proceedings.
Source: Faragher, J. (2013) You Be The Judge. People Management. September 2013, pp.40-44.