The Employment Law & HR Podcast

This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Why it is important to identify a grievance even when it may not be obvious!
  • The importance of handling grievances well.
  • The impact and potential legal consequences of failing to deal with grievances correctly.
  • The starting point for any employer when considering grievances.

Action Points

  1. Have a good internal grievance procedure;
  2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_97_Final.mp3
Category:general -- posted at: 6:00am EDT

Can an employee rely on the failure to pay National Minimum Wage to claim constructive unfair dismissal?

In this episode of the podcast I cover a case, which is rather unusual, in that an employee was paid just 33p per hour. When she resigned and claimed constructive unfair dismissal her claims were initially unsuccessful as she did not know that she was entitled to minimum wage and that her employer was therefore in breach. The case is Mruke v Khan in the Court of Appeal.

In this episode I will cover:

  • The National Minimum Wage rates (as below);
  • The unusual facts of this case;
  • Background to a successful constructive unfair dismissal claim.

Action Points

  1. Ensure that you pay the National Minimum Wage - new rates: 25+ £7.83; 21-24 £7.38; 18-20 £5.90; 16-17 £4.20; apprentice £3.70.
  2. Check your salaried employees to make sure that their hourly rate does not drop below the new rates;
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

You can read the full case here: Mruke v Khan - Court of Appeal 2018

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_96_Final.mp3
Category:general -- posted at: 6:13am EDT

What can an employer do to resolve issues without lengthy procedures? 

In this episode of the podcast I run through the procedure for trying to resolve issues with employees without the need for lengthy procedures particularly when you have not already done anything about it previously.

In this episode I will cover:

  • The options available;
  • What 'protected conversations' are and how they work;
  • Why you may wish to make a settlement payment to an employee;
  • Questions to consider before starting the 'protected conversation';
  • How to start a settlement conversation with an employee;
  • What paperwork to produce and when;
  • How allowing the employee paid leave can be a good tactic;
  • How long you should give the employee to decide;
  • An example of the type of scenario that can arise.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. If you have delayed or failed to address issues and you want to bring an issue to a conclusion without a lengthy process consider settlement discussions;
  3. Seek advice and expert support at the earliest opportunity. 

Useful Links

Episode 28 of the Podcast - Settlement Agreements

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_95_-_final.mp3
Category:general -- posted at: 10:50am EDT

What can a manager do to assert their authority and continue to manage an employee who has a grievance against them? 

In this episode of the podcast I attempt to answer a great question from a listener about the practicalities of managing someone who has raised a grievance against you in response to your addressing performance or capability issues. An interesting question and a scenario that arises all too frequently.

In this episode I will cover:

  • My advice on how to avoid a grievance scenario in the first place;
  • Why employees often feel aggrieved when performance or capability issues are raised;
  • Why communication is the key in managing employees;
  • My thoughts on grievance procedures and why they do not need to be long drawn out processes;
  • Tips on how best to continue to proactively manage an employee even when there is a grievance process.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. Ensure that managers and supervisors who have line management responsibilities have some form of management training;
  3. Give your managers and supervisors support with difficult employees and play a hands on role to resolve the issues;
  4. Do not drag on grievance processes unnecessarily, there is no reason why it has to take months to investigate;
  5. Seek advice and expert support before a dispute arises. 

Useful Links

As part of our HR Harbour annual subscription service for employers we provide guidance and support for managers, which can include training on being a better manager and having difficult conversations. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £150 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_94_Final.mp3
Category:general -- posted at: 7:00am EDT

Will an employer be expected to know an employee is disabled if the occupational health report says otherwise

In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer's constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.

The case is Donelien v Liberata UK Limited

In this episode I will cover:

  • The facts of the case;
  • Background to the relevant discrimination legislation;
  • The relevance of the case given the fact that it was decided under the Disability Discrimination Act;
  • The decision of the Court of Appeal;
  • Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.

Action Points

  1. If you suspect an employee may be disabled it is important to get advice;
  2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
  3. Seek advice on your legal obligations before dispute arise. 

Useful Links

Donelien v Liberata UK Limited - Court of Appeal 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_93_final.mp3
Category:general -- posted at: 3:21pm EDT

What happens when an employee makes a claim against you in the Employment Tribunal?

In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim.

In this episode I will cover:

  • The first notification stage - when you will find out if there is a claim against you;
  • The time limit for returning your defence;
  • How the Tribunal issue directions for preparation;
  • The type of preparation required;
  • The timing for preparation in advance of the final hearing.

Action Points

  1. If you receive a claim form or notification from the Tribunal do not delay;
  2. Seek advice and ensure that you meet the Tribunal deadlines and timetable. 

Useful Links

ACAS Early Conciliation explained: Episode 3 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
 

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Real Employment Law Advice Logo

 

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

Direct download: Episode_92_Final.mp3
Category:general -- posted at: 7:12am EDT

Answers to some questions you may have about the GDPR 

Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.

In this episode I will cover answers to the following questions:

  • Does the GDPR apply to information held about a business?
  • Are there extra considerations if we employ children?
  • Do all businesses need a data protection officer?
  • Who needs to know about the GDPR in my business?
  • Do I need to delete all old employee information I have?
  • If I only keep paper records does the GDPR still apply?
  • If we use software to hold employee data what do we need to do about this?
  • Is it necessary to have consent in all cases if we are holding and processing data?

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_91_Final.mp3
Category:general -- posted at: 5:58am EDT

As an employer what actions should you be taking to comply with the GDPR 

Following on from the last podcast (episode 89) I continue to provide you with an overview of the 'GDPR' and what you will need to know as an employer.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I bring you an action list to get started on ensuring your business is compliant with the GDPR from an employers perspective.

In this episode I will cover:

  • Consent issues for employers;
  • Actions you should take and why;
  • Ways in which you can simplify your compliance with the GDPR.

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_90.mp3
Category:general -- posted at: 8:06am EDT

Do you know about the GDPR & your requirements as an employer? 

If you are an employer or business owner you will have undoubtedly heard the word 'GDPR' around generally, normally followed by a bit of confusion and concern. The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I begin a mini-series bringing you an overview of the GDPR from an employers perspective. Following this podcast will be at least one, possibly two further episodes on the GDPR and a free checklist for Employers.

In this episode I will cover:

  • An overview of the introduction of the GDPR;
  • The deadline for compliance;
  • The consequences of non compliance;
  • A background to its application in the UK and EU;
  • What data it applies to;
  • How you may legally justify holding and processing data;
  • How you can gain consent from employees to holding their data;
  • What information you must provide to employees about their data and data rights;
  • What an employee's rights are when it comes to their personal data;
  • Changes to the Subject Access process and rules;
  • How you must demonstrate your compliance with the GDPR;
  • Advice about appointing a data protection officer;
  • Obligations to report a data breach;
  • Where you can go for more information.

Action Points

  1. Listen to the podcast and future episodes about the GDPR;
  2. Contact us for a free checklist (available after the 20th November 2017);
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_89_Final.mp3
Category:general -- posted at: 3:11pm EDT

What is Sexual Harassment? & How does the law protect people in the UK?

Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to  ensure the culture in your workplace does not allow this kind of behaviour to take place.

In this episode I will cover:

  • The law in the UK regarding sexual harassment;
  • The legal test for establishing sexual harassment;
  • Some case examples of what constitutes sexual harassment at work;
  • Some tips and hints to prevent issues arising;
  • How to ensure that this culture does not develop in your organisation.

Action Points

  1. Act quickly if faced with allegations or suspicions of such behaviour;
  2. Be clear on the type of behaviour that is acceptable in your organisation;
  3. Have a clear policy on acceptable behaviour and methods or reporting;
  4. Deal with any allegations or issues seriously.

Useful Links

BBC 5 Live survey Results & Report: Here

Equality Act 2010

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_88_Final.mp3
Category:general -- posted at: 3:53pm EDT