The Employment Law & HR Podcast

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 EST

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 EST

Examples of cases involving suspension at work

Following the last two episodes in which I covered suspending employees, I have compiled some cases involving suspension at work to give you some examples of the facts and circumstances.

In this episode I will cover:

You can review Employment Tribunal Judgement that have been published here: https://www.gov.uk/employment-tribunal-decisions

Action Points

  1. Seek advice about the particular circumstances, every case is different;
  2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue;
  3. Take care not to make snap decisions or judgments;
  4. Listen to the two earlier episodes on suspension here 85 and 86.

Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

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

 

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

Direct download: Episode_87.mp3
Category:general -- posted at: 5:09pm EST

What are an employers options when an employee is charged with a criminal offence? Should they suspend indefinitely? 

Following the last episode in which I covered suspending employees I have been contacted by a listener who raised some great questions about suspending employees when there are criminal allegations either related to work or behaviour outside of work to take into consideration.

This is certainly an issue that arises fairly frequently and often employers do not know what to do and feel that they have no choice but to suspend the employee on full pay pending the outcome of the criminal case.

In this episode I will cover:

  • The difference in approach depending on the facts of the case;
  • Why it may not be appropriate to suspend and/or dismiss an employee for criminial conduct outside of work;
  • The importance of following a fair and reasonable internal disciplinary procedure;
  • What to do if an employee refuses to answer questions or is advised not to attend an investigation meeting;
  • Circumstances in which you do not have to wait for the employee to attend a disciplinary meeting;
  • General principles for suspension and disciplinary decision making.

Action Points

  1. Seek advice about the particular circumstances, every case is different;
  2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue;
  3. Take care not to make snap decisions or judgments;
  4. Listen to the unfair dismissal mini series which you can find here: 36 and 37

Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

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_86.mp3
Category:general -- posted at: 3:41pm EST

Suspension Checklist

We are contacted on an almost daily basis by employees who have been suspended from work and often it is as a result of poor communication or poor planning and consideration. Many employers believe that suspending an employee is a neutral act and there is no risk in suspending whilst disciplinary issues are investigated, however several cases have shown that this is not the case and employers need to take care when suspending employees. Most recently I reported a case where it was ruled that it was unlawful for the employer to suspend the employee. You can read the full details here: CLICK HERE

In this episode I will cover:

  • A checklist for you to go through before suspending employees;
  • Guidance on what you should tell the employee when you suspend;
  • Why it is important to take care when suspending.

Action Points

1. Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

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_85_-_final.mp3
Category:general -- posted at: 5:12pm EST

Employment Law & HR issues in the news

Normally when I talk about a case on the podcast it is because it has importance from a legal perspective, usually it has been reported in legal journals and websites and the main issue covered is the point of law. This week there have been three employment issues in the popular press which I thought you may be interested to hear about.

They do not bring anything 'new' from a legal perspective but the facts are interesting and they provide good examples for employers on how not to deal with issues that arise.

In this episode I will cover:

  • A first for McDonald's staff who have taken the decision to strike at two restaurants in the UK;
  • Two male police officers who between them have been awarded £96,000 compensation for victimisation;
  • A Royal Mail worker who successfully claimed constructive dismissal when his hours were changed without his agreement.

Action Points

1. Ensure that your staff and managers have training about equality and diversity issues;

2. Take care when changing employee hours particularly if it impacts on their childcare or caring responsibilities;

3. Seek advice when you receive a flexible working application before making the decision;

4. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

5. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

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: Podcast_ep_84_final.mp3
Category:general -- posted at: 2:37pm EST

No more fees in the Employment Tribunal

Undoubtedly you will have heard in the news or online about the Supreme Court decision that the introduction of Employment Tribunal fees for employees to make a claim is unlawful and as a result effective immediately employees will not have to pay the £160 or £250 fee for making a claim. In this episode of the Podcast I bring you a summary of the decision and my views on the outcome and the future for the Employment Tribunal.

In this episode I will cover:

  • Background into the introduction of fees and reason for them;
  • The impact of fees on employees and the number of claims;
  • Why Unison challenged the introduction of fees;
  • Summary of the Supreme Court reasons for the decision;
  • What is currently happening with employment tribunal claims;
  • What may happen next.

Action Points

1. Don't panic about the 'floodgates' being opened and a flurry of claims against your business;

2. Ensure that you stay informed of the latest developments, you can sign up below for our free newsletter;

3. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

4. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

 

Useful Links & Case References

Update article on this subject - Read here
 
You can read the full judgement here: Read here 
Direct download: Episode_83.mp3
Category:general -- posted at: 9:41am EST

An interview with Juliette Chan 

Although my focus is on the law and the legal side of employing people I am very interested in and enthusiastic about ways in which my clients can be the best employers and get the most out of their people. After meeting Juliette at a networking group on the Isle of Wight I was really interested to hear about her work and the ways in which this can help employers and employees deal with work related issues. Juliette kindly agreed to be interviewed and I hope you will agree has provided some interesting insights into grief, loss and how it relates to work. 

In this episode we cover:

  • Ways in which employers can help employees who have had a bereavement; 
  • How grief and loss effect employees in the workplace; 
  • Ways to spot when someone needs help;
  • Strategies for dealing with grief and loss. 

Action Points

  1. Give managers some guidance and training on dealing with grief in the workplace;
  2. When undertaking redundancies or major changes in the business be aware of the impact on employees;
  3. Seek advice from an expert to ensure you are doing the best you can for your employees. 

About Juliette Chan 

Juliette is a Grief Recovery Specialist® whose business is Altered Dawn.

Juliette helps with any loss such as bereavement, relationship breakdown, pet loss, loss of trust, job loss, bankruptcy, loss of health, etc.

She teaches the Grief Recovery Method® to help people understand their grief, make peace with it and move forward. This isn’t counselling or therapy – it is a series of step-by-step actions that can be used again and again for any future loss. Juliette runs courses for both groups and individuals. 

Juliette is also qualified to work with parents and professionals who want to help children grieve. 

Useful Links & Case References

Juliette's website - Altered Dawn - www.altereddawn.co.uk

You can connect with Juliette on LinkedIn here – Juliette Chan

Direct download: Juliette_Chan.mp3
Category:general -- posted at: 6:38am EST

The Pitfalls of ACAS Early Conciliation 

In this weeks’ episode I tell you about a case involving an employee who represented himself and mistakenly put the wrong employer on his Early Conciliation application.

In this episode I will cover:

  • The facts of the case;
  • Background to the introduction of ACAS Early Conciliation;
  • How an employees mistaken belief about who his employer was cost him his ability to claim constructive dismissal;
  • Why this kind of mistake is helpful to employers facing a claim.

Action Points

  1. If you receive an employment tribunal claim against you through the post you should seek advice immediately as there may be ways of preventing the case from continuing therefore minimising the costs and risks to you; 
  2. Seek advice from an employment law specialist who knows about the Employment Tribunal process and procedures;
  3. We are specialist employment lawyers and can help with case so why not give us a call and let an expert take care of it for you 023 8098 2006, 01983 897003 or 01722 653001.

 Useful Links & Case References

 

Giny v SNA Transport Limited - Employment Appeal Tribunal 

Direct download: Episode_81.mp3
Category:general -- posted at: 4:24am EST

When a female employee receives full maternity pay should a man on shared parental leave receive the same? 

In this weeks' episode I review the recent decisions regarding the payment of enhanced pay to fathers who take shared parental leave. There are two decisions of the Employment Tribunal, Leicester ET and Leeds ET which have given conflicting outcomes on this issue. Both cases are likely to be appealed but in the meantime it leaves a degree of uncertainty for employers who currently give additional pay to female employees on maternity leave but not fathers on shared parental leave.

In this episode I will cover:

  • The facts of the cases;
  • Background to the introduction of shared parental leave;
  • How discrimination law is relevant to this situation;
  • Tips on what you can do as an employer and considerations when it comes to planning enhancements for employees.

Action Points

  1. If you currently pay enhanced maternity pay but not shared parental pay ensure that you are signed up for my newsletter below for more information when the appeal decision is released;
  2. Consider why you provide enhanced pay to employees and the benefits to your workforce of this;
  3. Seek advice if you are unsure what is best for your business;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

Ali v Capita Customer Management Ltd - Employment Tribunal 

Hextall v Chief Constable of Leicestershire Police - Employment Tribunal

Snell v Network Rail - Employment Tribunal 

 

 


 Sign up for my fortnightly newsletter 

Email Address *


* indicates required 

Please do not worry I will not send you spam!

Direct download: episode_80.mp3
Category:general -- posted at: 6:59am EST

1 2 3 4 5 6 7 Next » 9