Tier 1 Ent to ILR: Job creation queries

[QueryforT1]

Hi all! I have a few doubts about job creation post extension. Please can members advise?

1. I will be applying after 6 April 2019, so I understand that I need to create two jobs for 12 months. My query is, does each job have to filled continuously? For example, I create the job position A, intending for it to run at least for a year. Then I employ a person, who works for me for five months and then resigns. As long as the job position continues to exist, and I find another employee to take up the post (say in the seventh month of the jobs existence and there is a gap of a month when there is no employee as was looking for a replacement), will this be acceptable for job creation criteria? Obviously I will make sure that I have filled the position for at least 12 months.

2. With regards to employee sickness and holiday, I just wanted to know how the calculation of hours is affected in the case that continuous employment is required? If my employee calls in sick for 2 weeks, do I need to exclude these 2 weeks from overall 12 months minimum needed?

3. Also if the minimum required is 30 hours for a week; an employee takes a day or 2 off due to sickness etc. does that whole week gets excluded as hours for the week does not reach 30 minimum for the week? In the same way if an employee takes to 2 weeks hooiday does that whole month gets excluded as does not reach the monthly hours minimum?

[marcnath]

1. I will be applying after 6 April 2019, so I understand that I need to create two jobs for 12 months. My query is, does each job have to filled continuously? For example, I create the job position A, intending for it to run at least for a year. Then I employ a person, who works for me for five months and then resigns. As long as the job position continues to exist, and I find another employee to take up the post (say in the seventh month of the jobs existence and there is a gap of a month when there is no employee as was looking for a replacement), will this be acceptable for job creation criteria? Obviously I will make sure that I have filled the position for at least 12 months.

That is ok. In fact, the guidance clearly says the Jobs do not have to be continuous.

2. With regards to employee sickness and holiday, I just wanted to know how the calculation of hours is affected in the case that continuous employment is required? If my employee calls in sick for 2 weeks, do I need to exclude these 2 weeks from overall 12 months minimum needed?

This is a little more complex. If it is paid, then definitely no issues. If it is not paid, it is still my opinion that you meet the requirements, but make sure you explain it in your cover letter.
There was a recent case where an employee on Maternity pay was not accepted as part of the 12 months. But the decision was successfully overturned in AR. indefinite-leave-to-remain/tier-1-entre ... 28792.html

3. Also if the minimum required is 30 hours for a week; an employee takes a day or 2 off due to sickness etc. does that whole week gets excluded as hours for the week does not reach 30 minimum for the week? In the same way if an employee takes to 2 weeks hooiday does that whole month gets excluded as does not reach the monthly hours minimum?

Similar to the earlier answer - if they are paid days, then there are definitely no issues.
Otherwise, it is a grey area. This is mainly because the way CW calculates hours is dividing salary by hourly wage. And that will show less that 30 hrs if it is unpaid. So, again, it would need detailed explanation. Best to avoid it if you can help it.

[ishfaqsangra]

Employees are paid for the entitled holidays and in some cases(a weeks sickness ,depending on organisation sickness policy-other than SSP) so should not be issues if paid for those days.

If they have already used the entitled holidays(normally 20 days +Bank holidays) then I m not sure how it will impact the hours to be claimed.