Mon, 28 December 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today at wwww.adviceforemployers.co.uk/events
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Mon, 21 December 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited. |
Mon, 14 December 2015
The fourth instalment of a mini series focusing on RedundancyEpisode 4: What to do about alternative vacancies in a redundancy situationThis is the fourth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover:
Action PointsEnsure that you have a mechanism in place for informing employees of internal vacancies within your business. Helpful Links |
Mon, 7 December 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited.
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Mon, 30 November 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited |
Mon, 23 November 2015
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Mon, 16 November 2015
The final instalment of a 6 part mini series focusing on Unfair DismissalEpisode 6: Listener questions answered about disciplinary issues & unfair dismissalIn this weeks' episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsSign up to my email list at www.adviceforemployers.co.uk to get a copy of the 10 tips for dealing with a disciplinary procedure for misconduct allegations. Helpful Links |
Mon, 9 November 2015
The fifth instalment of a 6 part mini series focusing on Unfair DismissalEpisode 5: What is the compensation that an employee can be awarded if successful with a claim for unfair dismissal?In this weeks' episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsIf you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses. Helpful Links
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited.
Would you like advice about your situation?Appointments are available on the telephone or via Skype throughout the UK. Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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. |
Mon, 2 November 2015
The fourth instalment of a 6 part mini series focusing on Unfair DismissalEpisode 4: Your guide to the ACAS Code of PracticeIn this weeks' episode of the podcast is a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsEnsure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. Check your contracts and procedures to ensure that your disciplinary procedure is not contractual. Helpful Links
Employment Law & HR Update Event14th January 2016 at the Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited.
Would you like advice about your situation?Appointments are available on the telephone or via Skype throughout the UK. Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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. |
Mon, 26 October 2015
The third instalment of a 6 part mini series focusing on Unfair DismissalEpisode 3: How to ensure the decision to dismiss is reasonableIn this weeks' episode of the podcast I tell you all about the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsEnsure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode. Helpful Links
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Sat, 17 October 2015
The second instalment of a 6 part mini series focusing on Unfair DismissalIn this weeks' episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsCheck what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation. Helpful Links |
Fri, 9 October 2015
Episode 1: What is Unfair Dismissal?This weeks' episode of the podcast is an introduction to the law regarding unfair dismissal. This is the first of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode I will cover:
Action PointsWhenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why. Helpful LinksIntroduction to Constructive Unfair Dismissal: Episode 18 |
Fri, 2 October 2015
This weeks' episode of the podcast features the case of Mr Thompson, a bus driver, against his employer the London Central Bus Company. Mr Thompson was subject to disciplinary action which he alleged was as a result of his association with other employees who had performed a 'protected act' under the Equality Act. In this episode I will cover:
HR Best Practice TipThe HR tip of the week is about communication. It's not always about the volume of communication, but the method and thinking twice before sending that email! Helpful LinksThompson v London Central Bus Company Ltd - Employment Appeal Tribunal
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Fri, 18 September 2015
Will Working Time include time spent travelling from home to the first job of the day for mobile workers?
This weeks' episode of the podcast features the case of Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another, a European Court of Justice case about what constitutes working time for the purposes of European law. In this episode I will cover:
HR Best Practice TipThe HR tip of the week is about getting the best from your staff, incentivising them and making them feel appreciated. A happy workforce = a productive one! Helpful Links |
Fri, 11 September 2015
The Fit For Work Referral Scheme Launches for Employers
Monday 7th September 2015 saw the roll out of the new Fit for Work Scheme for Employers to make referrals about their employees who are absent on sick leave. In this weeks episode I give you a run down on how it will work. In this episode I will cover:
HR Best Practice TipThe HR tip of the week is about the drawing a line for HR professionals between giving advice on the process and overstepping into influencing and making decisions for the investigator or disciplinary officer. It follows a recent case which is also reported on my blog and which you can read by clicking here. Helpful LinksRamphal v Department for Transport
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Please do not worry I will not send you spam!
Would you like advice about your situation?Appointments are available on the telephone or via Skype throughout the UK. Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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. |
Fri, 4 September 2015
A round up of Employment Law in the News
There have been several topics in the news recently which I will touch upon and bring you more information and my opinion in this weeks' episode. In this episode I will cover:
HR Best Practice TipThe HR tip of the week is about ensuring that your employment contracts include a clause that allows you to obtain a medical report in the event that they are absent from work due to sickness for a substantial period of time.
New Media Europe ConferenceNew Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
Fri, 28 August 2015
Nicole Le Maire - CEO of The People Engine & Co-Author of The Female Leader
In this weeks' episode of the Podcast I interview Nicole Le Maire a global HR professional who runs her own business.
About NicoleNicole is the proud CEO of The People Engine Ltd. with the brands New to HR and Human Resources Global. After leaving the corporate workforce as an international HR Director (entrepreneurial streak) and having gained global experience whilst living/working in over 30+ countries, she set up her own business to support business owners, teams and to provide support to business truly going global. How to find out more and get in touch with Nicole:
Websites: www.newtohr.com Twitter: @NicoleLeMaire or @newtoHR Linkedin: New to HR Instagram: http://instagram.com/newtohr Googleplus: https://plus.google.com/+NewToHR Email: nicole@newtohr.com
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Fri, 21 August 2015
An introduction to Settlement Agreements?
Following a request from a listener I bring you an introduction to Settlement Agreements and particularly the legal requirements for a binding settlement agreement. In this episode you will learn:
Legal Rights that cannot be settledThere are various legal rights which an employee cannot waive under a settlement agreement and these include:
With some of these claims employees can agree to waive their rights and settle claims if done so via ACAS. If you find you have an employee with one of these claims and you want to seek to reach an agreement with them then you should certainly obtain specific legal advice before paying the employee any money or drawing up any form of agreement or settlement agreement. HR Best Practice TipThe HR tip of the week is about protecting your business reputation by the inclusion of a 'Social Media' Policy in your handbook and if possible adding a clause to your employment contracts. This tip has come about following various recent cases about Social Media, including one reported in the blog which you can read here Some suggested wording for a clause that you can add to your contracts is: ‘You are not permitted to use any social media/networking platform during working time. Further, you are specifically not permitted to make any reference to the Company or any work colleague on any social media/networking site(s), whether in work or personal time. You should be aware that in such event, this could result in disciplinary action up to and including termination. Careful judgement should be exercised, giving consideration to the impact that your online activities may have on your employment. Any content posted by you on any social media network which could damage the reputation of the Company will result in disciplinary action and possibly dismissal.’ Where reputation is important to your business do not leave it vulnerable. Podcast AwardsI have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking here. New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
Fri, 7 August 2015
Part 1 - What does TUPE mean?
In this episode of the podcast I bring you the first in a series of podcasts about the notoriously complicated area of law, The Transfer of Undertakings (Protection of Employment) Regulations. In this episode you will learn:
HR Best Practice TipThe HR tip of the week is about protecting your business in the best possible way when working with consultants, contractors or self-employed persons. Do not leave your business vulnerable. Podcast AwardsI have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking here. New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
Fri, 24 July 2015
What are the considerations for a fair conduct dismissal?In this episode of the podcast I tell you about a recent case decided by the Court of Appeal where an employee who was dismissed for a breach of the employer's new Health and Safety rules after 35 years employment claimed that it was not fair and reasonable to dismiss him for the misconduct. The employee admitted what he had done but claimed that dismissal was not a reasonable sanction in all the circumstances. The case is Newbound v Thames Water Utilities Limited. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about getting your legal status with workers, self-employed persons and employees correct at the outset. Including why you need to analyse the full relationship to establish employment status. It is important that you have a relevant agreement in place with your staff to deal with any problems should things go wrong in the future. Podcast referencesTo read the full Employment Appeal Tribunal judgement in the case of click here New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here |
Wed, 8 July 2015
Can employees on sick leave carry forward holiday and for how long?In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee who was dismissed after almost 4 years on sick leave made a claim for accrued but not taken holiday for the previous 4 years. The case is Plumb v Duncan Print Group Limited. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about ensuring that you can recover the costs of paying for external training or qualifications for your employees in the event that they leave your employment and take their skills elsewhere. It is important that you have a relevant agreement in place with your employee to enable you to recover the training costs and that the agreement is in accordance with current legal guidance otherwise it will not be enforceable. Podcast referencesTo read the full Employment Appeal Tribunal judgement in the case of click here New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here |
Thu, 18 June 2015
When can you dismiss an employee for failure to disclose misconduct in other employment?In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee was dismissed for failure to disclose misconduct after his employer found out about an allegation of misconduct in his other part-time job. The case is The Basildon Academies v Amadi. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about ensuring that your employment contracts are fit for purpose and the needs of your business. The featured case serves as a reminder that inadequate contracts can be costly for employers. In particular with many regular changes to the law it is important to review at least annually. For example there has been a recent change to the use of zero hour contracts which makes it unlawful to include an exclusivity clause in a zero hour contract. |
Thu, 4 June 2015
When is a Whistleblower protected from Dismissal & Detriment?In this episode of the podcast I tell you about a recent case in the Employment Tribunal where an employee resigned in response to his concerns not being taken seriously by his employer and where he alleged he had received detrimental treatment. The case is Newman v Riverside Building Supplies. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about ensuring managers and supervisors are aware of the limits of their authority to dismiss and discipline employees. Podcast referencesNurmohamed v Chesterton Global Limited (Trading as Chestertons) |
Sat, 16 May 2015
In this episode of the podcast I bring you details of a recent case decided by the Employment Appeal Tribunal about unfair dismissal and the process of dismissal. The appeal in this case involved various questions, importantly including whether or not a disciplinary process should be suspended whilst a related grievance is investigated. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about dealing with disciplinary appeals and procedures, and I recommend that, where possible, you have a senior member of staff who is not involved in the investigation or early stages of the disciplinary. |
Fri, 1 May 2015
In this episode of the podcast I bring the focus back to constructive unfair dismissal and what employer's should do if they are faced with a resignation from an employee in a situation where there is a risk of a claim for constructive unfair dismissal. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about dealing with situations swiftly to prevent escalation to a claim and ensuring your managers are able to identify likely disputes and issues. |
Thu, 16 April 2015
An employee's right to be accompanied at a disciplinary and grievance meetingIn this episode of the podcast I tell you about a recent change to the ACAS code of practice on disciplinary and grievances which has been brought about by a decision of the employment appeal tribunal on the question of whether or not an employer can refuse to allow the employee's particular choice of companion. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about checking your employee or staff handbook to ensure any terms which are 'contractual' are clear and not likely to cause difficulty in the event that a dispute arises in the future. |
Thu, 2 April 2015
Can an employer make changes to employment contracts without consent?In this episode of the podcast I bring you a recent case dealing with changes to employment contracts as well as an overview of an employer's options if an employee refuses to agree to the changes. In this episode you will learn
HR Best Practice TipThe HR tip of the week is about a service that I can provide to you to make your life much easier. |
Thu, 19 March 2015
Constructive DismissalIn this episode of the podcast I bring you an overview of the law regarding Constructive Unfair Dismissal as set out in the Employment Rights Act 1996. In this episode you will learn
HR Best Practice TipThe HR tip of the week is a simple one, essentially do not delay unnecessarily when it comes to employee issues. |
Thu, 5 March 2015
Employer questions answeredIn this episode of the podcast the format is a bit different as I was recently invited to be a guest on the Business Insight show on my local community radio, Vectis Radio and during the show I answered a number of listener employer questions from business owners. Thanks to the generosity of Vectis Radio, Darren Fernando and Dale Howarth I have been able to share the audio from the show on this episode of the podcast. The questions answered in this episode include….
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Thu, 19 February 2015
How do you deal with staff who 'Vape' at workIn this episode of the Podcast I give you a summary of a recent Employment Tribunal case within which the issue of the use of e-cigarettes at work resulted in an employee facing disciplinary action and resigning from her employment. In this case the employee Ms Insley was seen using an e-cigarette at work. She was a catering assistant at a secondary school. When the Headmaster reported the matter to her employer, Accent Catering, they started disciplinary proceedings, stating that it could be gross misconduct. Ms Insley resigned and claimed constructive unfair dismissal in the Employment Tribunal. Particularly you will learn….
HR Best Practice TipThe HR tip of the week follows several issues that have been raised by my clients about managing poor performance of staff and the uncomfortable feeling of doing this. |
Thu, 5 February 2015
What happens when an employee tweets offensive commentsIn this episode of the Podcast I give you a summary of a recent Employment Appeal Tribunal case within which the issue of the misuse of an employees personal twitter account resulted in his dismissal for gross misconduct. In this case the employee Mr Laws tweeted offensive messages (28 in total) on his personal account and although his account and the tweets were unrelated to work he was dismissed for gross misconduct by his employer Game Retail Limited. Mr Laws was successful with his claim in the Employment Tribunal for unfair dismissal but the Employment Appeal Tribunal thought that the Tribunal had not applied the correct tests or considered the correct questions when deciding the case. Particularly you will learn….
HR Best Practice TipThe HR tip of the week follows the featured case and gives guidance on your social media policy, why you need one and what you should do to prevent issues. Podcast referencesGame Retail Limited v Mr C Laws If you would like to read a full copy of the Judgement you can find a copy by clicking EAT full decision Game Retail Limited v Mr Laws |
Fri, 23 January 2015
What happens when an employee is successful with their appealIn this episode of the Podcast I give you a summary of a recent Employment Appeal Tribunal case within which the issue of reinstatement of an employee following a successful appeal against dismissal was discussed. In this case the employee Mrs Salmon was dismissed for gross misconduct by her employer Castlebeck Care Limited. Mrs Salmon appealed against her dismissal and between her dismissal and her appeal taking place her former colleagues transferred under the TUPE regulations to employment with Danshell Healthcare Limited. Although Mrs Salmon's appeal was apparently successful and the decision deemed 'unsafe' by Danshell's HR Director (who had transferred from Castlebeck Care) her employment was not reinstated and so she made a claim for unfair dismissal. At the Employment Tribunal Mrs Salmon's claim for unfair dismissal was not allowed to continue against Danshell Healthcare as she was not an employee of Castlebeck immediately before the transfer to Danshell, which is a requirement of TUPE. Mrs Salmon appealed against the decision and the Employment Appeal Tribunal considered whether her successful appeal against dismissal meant she had been reinstated and therefore was effectively an employee throughout. Particularly you will learn….
HR Best Practice TipThe HR tip of the week follows the recruitment theme, giving guidance on how to answer a request for feedback from an unsuccessful candidate. Podcast referencesSalmon v (1) Castlebeck Care (Teesdale) Ltd (In Administration) (2) Danshell Healthcare Ltd and others |
Thu, 8 January 2015
In this episode #13 of the Podcast I discuss the recent decision of the European Court of Justice (ECJ) which answers the question as to whether under European Law obesity is protected from discrimination. The case Karsten Kaltoft v Kommunemes Landsforening was referred from the Danish Courts to the ECJ to decide this issue. If you listen to this episode of the Podcast you will understand what the decision actually means rather than the news, which has in my opinion has been hyped up to get attention for the headlines. Particularly you will learn….
HR Best Practice TipMy HR tip of the week deals with complying with data protection and making your life easier by having a good system for keeping and maintaining employee records. Podcast referencesTo read more about the case click on this link Karsten Kaltoft v Kommunemes Landsforening To find out more about the HR software system which is guaranteed to save you time go to www.adviceforemployers.co.uk/hr-support |