The Employment Law & HR Podcast
Shared Parental Leave

Shared Parental Leave

In this episode #12 of the Podcast I discuss the changes that became law on the 1st December 2014 in respect of the new rights to shared parental leave.  The changes will effect all employers and you could be receiving notices of shared parental leave from as early as January 2015 for children due to be born or adopted after the 5th April 2015.

The shared parental leave regime is fairly complicated with various different scenarios that could occur, and so it is important to be proactive and to understand your obligations as an employer as soon as possible. If you listen to this episode of the Podcast it will give you a good start.

Particularly you will learn….

  • When the new regime actually begins.
  • Why it has been introduced.
  • What will happen to traditional maternity, adoption and paternity leave rights.
  • Employee eligibility to take leave.
  • Information that an employee is required to give.
  • How shared parental leave pay will work.
  • When the shared parental leave can be taken.
  • Possible issues and problems that could arise.

HR Best Practice Tip

The HR tip of the week follows the recruitment theme, this week giving guidance on why you should ensure that interviewers in your organisation are trained in the legal pitfalls of asking the wrong interview questions.

Direct download: Episode_12.mp3
Category:general -- posted at: 8:10am EST

Disciplinary Procedures - Getting it right first time: Episode 11

In this episode of the Podcast I give you a summary of a recent Employment Appeal Tribunal case within which the issue of procedural irregularities with a disciplinary procedure were discussed. In this case the employee Mrs Old was dismissed in a career ending decision by her employer Palace Fields Primary Academy.

At the Employment Tribunal Mrs Old's claim for unfair dismissal was unsuccessful, however not all of the procedural issues were considered by the Employment Tribunal in reaching their decision.

This case also deals with the issue of whether the 'losing' employer should pay all or some of the fees that are required to lodge an appeal currently £400 to file an appeal and £1200 for the hearing fee.

Particularly you will learn….

  • What evidence must be provided to an employee in a disciplinary situation
  • When an employee should be allowed the opportunity to comment on evidence that is used in the decision making process
  • The importance of carrying out a fair procedure in disciplinary issues
  • What the decision means for your business
  • The background to the decision
  • Whether the 'losing' employer had to pay the Employment Appeal Tribunal fees

HR Best Practice Tip

The HR tip of the week follows the recruitment theme, giving guidance on how to get the recruitment process right.

Podcast references

Old v Palace Fields Primary Academy

To obtain a copy of the free Recruitment Leaflet and Checklist, sign up here.

Direct download: Episode_11.mp3
Category:general -- posted at: 4:00am EST

Following the news this week you may be scratching your head and asking yourself how much should I pay during holidays to employees? This episode of the podcast deals with this question.

If you are an employer your attention will undoubtedly have been drawn to a recent decision from the Appeal Tribunal (4th November 2014). This decision came as a result of the following combined cases:

MR DAVID FULTON AND OTHERS v BEAR SCOTLAND LTD & OTHERS

MR K WOODS AND OTHER v SHERTEL (UK) LTD

MR LAW AND OTHERS v AMEC GROUP LTD

You can read the full judgement here

It is an important decision which all employers should be aware of and consideration should be given to the effect it will have on your business and employees.

Particularly you will learn….

  • What the decision means for your business
  • The background to the decision
  • Whether you will have to pay back payments to employees

HR Best Practice Tip

The HR tip of the week follows the recruitment theme, giving guidance on how to get the recruitment process right.

Podcast references

Working Time Regulations 1998

Employment Rights Act 1996 

You can obtain a free copy of my Recruitment Fact Sheet and Checklist by sending an email to alison@alisoncolley.co.uk 

Direct download: Episode_10.mp3
Category:general -- posted at: 6:57am EST

In this episode 9 of the HR & Employment Law Podcast I bring you a summary of a recent Employment Appeal Tribunal Case, Contract Bottlling Ltd v Cave and McNaughton. In which the Appeal Tribunal gave a very helpful judgement on the way in which deductions from unfair dismissal compensation should be dealt with.

 

The particular issue in this case involved a question over deductions from unfair dismissal compensation due to a principle known as Polkey.  

Particularly you will learn….

  • What the key principle is when deciding unfair dismissal compensation
  • The deductions that can be made from compensation
  • What a ‘Polkey’ deduction is
  • How a ‘Polkey’ deduction is and should be calculated

HR Best Practice Tip

The HR tip of the week is the first in a series of tips about dealing with recruitment. Recruiting staff is both costly and time consuming and therefore it is important that you get it right. This first tip will help your new staff to fit in and make them feel at ease quickly, ensuring that they become productive quickly and are less likely to leave.

Podcast references

In this episode I refer to the case of Contract Bottlling Ltd v Cave and McNaughton and you can read the full judgement here

Direct download: Episode_9.mp3
Category:general -- posted at: 4:56pm EST

In this episode 8 of the HR & Employment Law Podcast I bring you a summary of a recent Employment Appeal Tribunal Case, Mr Ridge v HM Land Registry. In which Mr Ridge pursued a claim against the Land Registry for their failure to include itemised details of deductions from his wages on his pay slips.
A rather surprising and unique case, and something which you may not be aware of as an employer. 

 

Particularly you will learn....

What information needs to be included on a payslip

What constitutes a deduction from wages

The consequences if you get things wrong.

HR Best Practice Tip

The HR tip of the week is a bit of a 'no-brainer' but one which many people easily forget on a day to day basis. 

Podcast references

In this episode I refer to the case of Mr Ridge v HM Land registry and you can read the full judgement here

You can find out more about my HR and legal support package for employers, Empirical Support' here

 

Another week of unmissable content if you are an employer or Human Resources professional. 
Direct download: Episode_8.mp3
Category:general -- posted at: 12:30am EST

Time off to attend antenatal appointments: Episode  7

From the 1st October 2014 eligible employees and agency workers will be able to take unpaid time off work to accompany a pregnant woman to two antenatal appointments, and there will also be a protection from suffering a detriment or being dismissed in relation to time off to accompany a woman to prenatal appointments.

In this episode 7 of the Podcast I give you the run down on the changes and all you need to know about employee rights after the 1st October 2014.

Particularly you will learn....

Which employees qualify for the right to time off.

If you have to pay employees for the time off.

How much time they can have off.

The reasons behind the change in law.

The consequences if you get things wrong.

Answers to a couple of 'odd' scenario questions.

HR Best Practice Tip

This episode features the benefits of having an appraisal system and how to get started.

Podcast references

In this episode I refer to the other changes taking place on the 1st October 2014. You can read about these here

You can find out more about my HR and legal support package for employers, Empirical Support' here

Direct download: Episode_7_-_FINAL.mp3
Category:general -- posted at: 11:48am EST

In this episode of the podcast I give you a run down of the 8 key tests/facts to consider in order to determine if someone who works for you is an employee or self-employed person. 

For the purpose of employment rights it does not matter if the person is termed a self-employed person, or paid as a self-employed person, the law may decide otherwise. 

If you are in any doubt please listen to this podcast episode and run through the tests yourself. 

Also in this episode is the HR Top Tip, which is a cautionary tale about confidential correspondence. 

Direct download: Episode_6_-_final.mp3
Category:general -- posted at: 10:00am EST

In this Episode 5 of the Employment Law and HR Podcast I bring you a summary of a recent Employment Appeal Tribunal case where the issue of reasonable adjustments was discussed and analysed.

The case is called ‘North Lancashire Teaching Primary Care NHS Trust v Howorth’ and the decision of the Appeal Tribunal was recently published.

The judgement provides a really useful update and helpful considerations about what an Employer must do if they have a disabled employee who is at a disadvantage because of their disability in accordance with the Equality Act.

 

Also in this episode is the HR best practice tip which is a really easy way to get your HR practices in line and prevent problems of inconsistency with your workforce. 

 

Direct download: Episode_5_-_Final.mp3
Category:general -- posted at: 12:30am EST

In this episode I give you a run down of a really useful change in the law from last year (2013) which is being utilised to great effect by many employers. 

The best practice tip is one that should not be missed, how to protect your business from departing employees. 

Direct download: Episode_4_-_Final.mp3
Category:general -- posted at: 6:42pm EST

In this weeks' episode I tell you all about the introduction of Early Concilaition, what it means and what I think of it. What you need to know and what to consider if you have an employee dispute. 

This weeks' best practice tip is all about your Employee Handbook, what to do and how to keep it under control 

Direct download: Episode_3_-_final.mp3
Category:general -- posted at: 6:38pm EST