The Employment Law & HR Podcast
Redundancy Part 6: Frequently Asked Questions

The final instalment of a mini series focusing on Redundancy

Episode 6: Unusual Redundancy & Frequently Asked Questions

This is the final 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:

  • How to deal with employees on maternity leave
  • What you need to do to consult employees on maternity leave
  • What to pay employees on maternity leave
  • When you have to offer an alternative role to an employee on maternity leave as a priority
  • How to deal with notice for an employee on maternity leave
  • What to do with employees on sick leave during a redundancy consultation
  • Points to consider when consulting with a sick employee
  • How to calculate redundancy pay for an employee on sick leave
  • The relevance of the ACAS code of practice
  • The legal obligation to allow an employee to be accompanied during the redundancy process
  • What to do with those employees who volunteer for redundancy

 Action Points

Check your contracts and handbooks to see if you have any contractual obligations in terms of the redundancy process particularly for employees on maternity or sick leave, and with regards to the right to be accompanied during the redundancy process. .

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Simpson v Endsleigh Insurance Services 

Guide to Redundancy

 HR Harbour


 

 

 Employment Law & HR Update Event

14th 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

 

Direct download: Episode_45.mp3
Category:general -- posted at: 12:30am EST

Redundancy Part 5: Redundancy Pay

The fifth instalment of a mini series focusing on Redundancy

Episode 5: Statutory & Enhanced Redundancy Pay

This is the fifth 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:

  • The eligibility criteria for a statutory redundancy payment
  • How to calculate continuous service and when it will be extended
  • The relevant date for calculating redundancy pay
  • When an employee will not be entitled to redundancy pay
  • What happens if an employee refuses to work their notice
  • What to do if an employee commits gross misconduct after being placed on notice of redundancy
  • How to calculate redundancy pay
  • How to work out a 'weeks pay' for employees with irregular hours and wages
  • What will happen if a dispute arises about eligibility for redundancy pay
  • What an employee will need to do if their employer cannot afford to pay their redundancy pay
  • Points to consider if you pay enhanced redundancy pay or a discretionary payment

 Action Points

Check your contracts and handbooks to see if you have a legal obligation to pay an enhanced redundancy payment.

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Guide to Redundancy

 HR Harbour

 

 Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

www.adviceforemployers.co.uk/events 

Direct download: Episode_44.mp3
Category:general -- posted at: 12:30am EST

Redundancy Part 4: Alternative Vacancies

The fourth instalment of a mini series focusing on Redundancy

Episode 4: What to do about alternative vacancies in a redundancy situation

This 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:

  • Why you need to consider alternative vacancies within your organisation
  • The legal obligation upon you to inform 'redundant' employees
  • When you need to search for group company vacancies
  • What you need to do if two or more employees apply for an alternative vacancy
  • Why you must give priority to employees who are on maternity leave
  • Trial periods for alternative employment
  • When it will be reasonable or not for an employee to refuse an offer of a suitable alternative vacancy

 Action Points

Ensure that you have a mechanism in place for informing employees of internal vacancies within your business.

Helpful Links

Employment Rights Act 1996 

Guide to Redundancy

 HR Harbour

Direct download: Episode_43.mp3
Category:general -- posted at: 1:00am EST

Redundancy Part 3: Selection

The second instalment of a mini series focusing on Redundancy

Episode 3: Selecting Employees for Redundancy

This is the third 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:

  • Why getting the correct Pool for redundancy is so important
  • How to ensure you select a fair Pool for redundancy
  • When you can have a Pool of one employee
  • How to devise a fair selection criteria
  • What objective criteria to use in your selection
  • Why you should stay clear of subjective criteria wherever possible
  • What you should avoid scoring employees on
  • What information to give to employees about the scoring

 Action Points

Ensure that you have basic recording and measuring of employee performance, attendance and other records to make your life much easier if you do find yourself having to make employees redundant.

Helpful Links

Employment Rights Act 1996 

Guide to Redundancy

 HR Harbour


 

 

 Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

 

Direct download: Episode_42.mp3
Category:general -- posted at: 12:30am EST

Redundancy Part 2: Consultation

The second instalment of a mini series focusing on Redundancy

Episode 2: Consultation

This is the second 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:

  • What the difference is with consultation for 20 or more employees
  • What a minimum consultation would be
  • How to deal with a Collective Consultation
  • Why consultation is vital for a fair dismissal
  • When you have to notify the Secretary of State
  • How to consult employee representatives
  • What the 'Protective Award' is

 Action Points

If you are considering redundancy carefully calculate the number of employees likely to be redundant as a result within the next 90 days (including those who volunteer).

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

 HR Harbour


 

 Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited

www.adviceforemployers.co.uk/events

Direct download: Episode_41.mp3
Category:general -- posted at: 1:30am EST

Redundancy Part 1: An introduction

The first instalment of a mini series focusing on Redundancy

Episode 1: Introduction to Redundancy

This is the first 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:

  • What the legal definition of redundancy is
  • How to establish if it is a true redundancy dismissal
  • Some examples of when it will be a redundancy

Statutory Definition of Redundancy - Section 139 Employment Rights Act 1996 

(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—

(a)the fact that his employer has ceased or intends to cease—

(i)to carry on the business for the purposes of which the employee was employed by him, or

(ii)to carry on that business in the place where the employee was so employed, or

(b)the fact that the requirements of that business—

(i)for employees to carry out work of a particular kind, or

(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished or are expected to cease or diminish.

Action Points

If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start.

Helpful Links

Employment Rights Act 1996 

Safeway Stores Plc v Burrell [1997] 

EXOL Lubricants v Birch & Another [2014]

Murphy v Epsom College [1985]


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 Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

Eventbrite - Employment Law Update 2015

Direct download: Episode_40mp3.mp3
Category:general -- posted at: 1:25am EST

Unfair Dismissal Part 6: Frequently Asked Questions

 

The final instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 6: Listener questions answered about disciplinary issues & unfair dismissal

In 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:

  • What to do if an employee fails to attend a disciplinary hearing
  • What to do if an employee is signed off sick during the disciplinary process
  • My suggestion on how you should handle matters if an employee asks to be accompanied at the hearing by someone other than a trade union rep or work colleague
  • How to handle things if you have a small business and you are the only person able to deal with the investigation process and disciplinary hearing
  • How you should deal with the expiry of a Fixed-Term Contract
  • What procedures apply to the expiry of a Fixed-Term Contract

Action Points

Sign 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

Employment Rights Act 1996 

ACAS Code of Practice

 
Direct download: Episode_39mp3.mp3
Category:general -- posted at: 1:00am EST

Unfair Dismissal Part 5: Compensation & Remedies: Episode 38

The fifth instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 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:

  • What the remedies are for unfair dismissal.
  • What the difference is between an order for reinstatement and an order for re-engagement.
  • How compensation for unfair dismissal is calculated.
  • What the 'Basic Award's is.
  • What the 'Compensatory Award' includes.
  • What the Statutory Cap means.
  • How causation effects compensation for unfair dismissal.
  • What a Polkey deduction is.
  • How the employees contributory fault can reduce compensation.
  • What will happen if an employee has been claiming state benefits.
  • Why an employee must try to mitigate their loss.
  • Why employers should consider all of these issues in their defence and in producing evidence.

Action Points

If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.

Helpful Links

Employment Rights Act 1996 

ACAS Code of Practice

 


 Employment Law & HR Update Event

14th 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.

Direct download: Episode_38hr.mp3
Category:general -- posted at: 1:30am EST

Unfair Dismissal Part 4: The ACAS Code of Practice: Episode 37

The fourth instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 4: Your guide to the ACAS Code of Practice

In 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:

  • What the purpose of the ACAS Code of Practice is
  • The background to the Code of Practice
  • What the essential elements of the Code of Practice are
  • When the ACAS Code is applicable
  • What the consequences are of failing to follow the Code
  • Why you should have it in mind when dealing with conduct, performance and some other substantial reasons
  • What you need to do to fairly investigate alleged conduct
  • What you need to consider before dismissing an employee

Action Points

Ensure 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 Rights Act 1996 

ACAS Code of Practice

 


 Employment Law & HR Update Event

14th January 2016 at the Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

Eventbrite - Employment Law Update 2015

 


 

Would you liAdvice neededke 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.

 

 

 


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.

Direct download: Episode_37.mp3
Category:general -- posted at: 3:00am EST

Unfair Dismissal Part 3: The Reasonableness Test: Episode 36

The third instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 3: How to ensure the decision to dismiss is reasonable

In 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:

  • What the test for reasonableness is in accordance with the Employment Rights Act 1996
  • The two elements of a reasonable dismissal, Procedure and Substantive Fairness
  • What the fundamentals are for a reasonable dismissal decision
  • The different reasonableness and procedural requirements for each of the potentially fair reasons
  • What the range of reasonable responses test is
  • What you need to do to fairly investigate a conduct allegation
  • What you can do if you have more than one 'suspect' in an allegation of misconduct
  • How to deal with performance issues in order to fairly dismiss an employee for poor performance
  • What you need to consider before dismissing an employee

Action Points

Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.

Helpful Links

Employment Rights Act 1996 

BHS v Burchell 

 


 Employment Law & HR Update Event

14th January 2016 at the Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

Eventbrite - Employment Law Update 2015

Direct download: Episode_36.mp3
Category:general -- posted at: 3:00am EST

Unfair Dismissal Part 2: Potentially Fair Reasons : Episode 35

The second instalment of a 6 part mini series focusing on Unfair Dismissal

 

In 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:

  • What the five potentially fair reasons are
  • An example of each of the reasons
  • How they are applied
  • Why the facts of each are important
  • Why swearing at work can be grounds for a fair dismissal
  • Who has the burden of proving the reason for the dismissal
  • Why the burden shifts in a claim for Automatic Unfair Dismissal
  • What you need to consider before dismissing an employee

Action Points

Check 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

Employment Rights Act 1996 

Direct download: Episode_35.mp3
Category:general -- posted at: 8:53am EST

Unfair Dismissal Part 1: An Introduction to Fair Dismissals: Episode 34

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:

  • The history of unfair dismissal
  • How unfair dismissal started in the early 1970's
  • What it is and where you will find the law
  • The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal
  • The qualifying period for unfair dismissal
  • Unfair dismissal claims with no qualifying period of service
  • Claims for Auotmatic Unfair Dismissal
  • The time limit for claims
  • Circumstances when an employer must provide written reasons for an employees dismissal

Action Points

Whenever 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 Links

Introduction to Constructive Unfair Dismissal: Episode 18 

Focus on Constructive Unfair Dismissal: Episode 21

Employment Rights Act 1996 

Direct download: Episode_34.mp3
Category:general -- posted at: 3:38am EST

Victimisation, Association and Discrimination: Episode 33

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:

  • What the case was about
  • Why the outcome has potentially widened protection from victimisation
  • What forms of discrimination are covered by discrimination by 'association'
  • Why the case went to the Employment Appeal Tribunal
  • What the decision of the Appeal Tribunal was
  • What it means for Employers
  • What you need to do now

HR Best Practice Tip

The 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 Links

Thompson v London Central Bus Company Ltd - Employment Appeal Tribunal

 

Direct download: Episode_33.mp3
Category:general -- posted at: 1:00am EST

Is travel time, 'working time'? : Episode 32

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:

  • What the case was about
  • Why the Union for the employees made the claim in the first place
  • Why it went to the European Court of Justice (ECJ) 
  • What the Working Time Directive is and how it applies to UK law
  • What the Working Time Regulations are 
  • What the decision of the European Court was
  • What it means for Employers
  • What you need to do now

HR Best Practice Tip

The 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

Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another

Article on this case 

Direct download: Episode_32.mp3
Category:general -- posted at: 2:07am EST

The Fit For Work Scheme: Episode 31

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:

  • The reason for the introduction of the Fit for Work Scheme
  • What it means for Employers
  • How it can assist you in encouraging and aiding employees to return to work
  • What the qualifying criteria are for a referral to the scheme
  • What happens once the referral has been made
  • What you need to be aware of and the action you may need to take
  • My opinion on how effective it will be and the potential litigation issues that could arise

HR Best Practice Tip

The 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 Links

www.fitforwork.org

Ramphal v Department for Transport

 

 


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Would you liAdvice neededke 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.

 

 

 


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.

Direct download: Episode_31.mp3
Category:general -- posted at: 2:30am EST

Employment Law News Round Up: Episode 30

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:

  • The proposal to abolish Employment Tribunal Fees in Scotland.
  • The outcome of Unisons challenge on Tribunal Fees in the Court of Appeal.
  • What I believe the future position will be regarding fees in England and Wales.
  • Details about the Living Wage.
  • What the Living Wage is.
  • The implications for Employers.
  • How to plan for the changes.
  • Why zero hour contracts are in the news again.
  • When zero hour contracts are good to use.
  • What my opinion is on the future of zero hour contracts.

 

HR Best Practice Tip

The 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 Conference

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)

 

Direct download: Episode_30.mp3
Category:general -- posted at: 1:00am EST

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 Nicole

Nicole 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


Podcast Awards 

I 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 hereVOTING CLOSES 31st AUGUST 2015!

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)

 

Direct download: Episode_29_-_interview_with_Nicole_La_Maire.mp3
Category:general -- posted at: 1:00am EST

Settlement Agreements

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:

  • What a Settlement Agreement is.
  • When Settlement Agreements are used.
  • Who proposes a Settlement Agreement.
  • What the legal requirements are for a Settlement Agreement.
  • Why an employee must obtain legal advice regarding a Settlement Agreement.
  • Who can advise an employee about a Settlement Agreement.
  • Who should prepare the Settlement Agreement terms.
  • What rights an employee can waive under a Settlement Agreement.

Legal Rights that cannot be settled

There are various legal rights which an employee cannot waive under a settlement agreement and these include:

  • Claims relating to collective redudncies and an employers failure to adhere to their obligation to inform and consult with appropriate representatives.
  • Claims for breach of regulations 5, 6 and 9 under the Employment Relations Act 1999 (Blacklists) Regulations 2010.
  • Where there is a Transfer of employment covered by TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) and the employer fails to inform and consult transfering employees.
  • Claims under the Agency Workers Regulations 2010.
  • Employees are not able to compromise or waive their legal right to statutory maternity pay, paternity pay or adoption pay.

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 Tip

The 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 Awards 

I 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)

Direct download: Episode_28.mp3
Category:general -- posted at: 1:30am EST

An introduction to TUPE: Episode 27

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:

  • What TUPE means.
  • When TUPE applies.
  • Why it is a complicated area of law.
  • What protection employees have on the transfer of their employment.
  • What happens if an employee does not want to transfer.
  • Who will transfer to a new employer.
  • What additional protection from dismissal applies under the TUPE regulations.
  • When changes can be made to transferring employees terms and conditions of employment.
  • What recent changes to the rules will mean.

 

HR Best Practice Tip

The 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 Awards 

I 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)

Direct download: Episode_27_-.mp3
Category:general -- posted at: 12:30am EST

The reasonableness of a decision to dismiss an employee: Episode 26

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

  • What an Employer should consider before dismissing an employee
  • The test that an Employment Tribunal will apply in a case for unfair dismissal
  • Why you should ensure that you apply consistent sanctions to employees with similar misconduct allegations
  • Steps you can take to reduce the risk of a claim for unfair dismissal
  • When you should seek advice for your business

 

HR Best Practice Tip

The 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 references

To 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

Direct download: Episode_26.mp3
Category:general -- posted at: 2:30am EST

Holiday Entitlement & Sickness Absence: Episode 25

 

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

  • When an employee on sick leave accrues holiday
  • The circumstances in which an employee on sick leave can carry over holiday to a new leave year
  • How long an employee on sick leave can carry over holiday
  • What you should be aware of regarding holiday and sickness absence
  • What you can do to minimise issues
  • When you should seek advice for your business

 

HR Best Practice Tip

The 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 references

To 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

Direct download: Episode_25.mp3
Category:general -- posted at: 4:21pm EST

Unfair Dismissal and failure to disclose misconduct: Episode 24

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

  • When an employee is obliged to disclose their own misconduct
  • Why it was unfair to dismiss an employee who failed to disclose allegations of misconduct
  • What the employer in this case could have done differently to justify a fair dismissal
  • What you can do to ensure your employees must disclose
  • When you should seek advice for your business

 

HR Best Practice Tip

The 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.

Direct download: Episode_24.mp3
Category:general -- posted at: 3:27pm EST

Protection for a Whistleblower: Episode 23

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

  • What constitutes a protected disclosure for whistleblowing protection
  • When a disclosure is in the public interest
  • Why you should take employee concerns seriously
  • When you should seek advice

HR Best Practice Tip

The 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 references

Nurmohamed v Chesterton Global Limited (Trading as Chestertons)

Direct download: Episode_23.mp3
Category:general -- posted at: 1:30am EST

Unfair Dismissal: The Disciplinary Process

 

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

  • Whether a disciplinary procedure should be suspended pending a grievance outcome
  • About the best practice for disciplinary procedures
  • Why a delay in this case between decision and appeal led to a confusion of the issues
  • When you should seek advice

HR Best Practice Tip

The 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.

Direct download: Episode_22.mp3
Category:general -- posted at: 2:45am EST

Focus on Constructive Unfair Dismissal: Episode 21

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

  • What constructive unfair dismissal is and when a claim can arise
  • Whether you can refuse to accept an employee's notice
  • What you can do to prevent a claim
  • How you can mitigate the situation and reduce compensation risk
  • When you should seek advice

HR Best Practice Tip

The 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.

Direct download: Episode_21.mp3
Category:general -- posted at: 4:30am EST

The right to be accompanied: Episode 20

An employee's right to be accompanied at a disciplinary and grievance meeting

In 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

  • What the Employment Appeal Tribunal said about the legal right to be accompanied
  • What changes this made to the ACAS Code of Practice
  • What it could cost an employer who refuses to allow an employee to be accompanied
  • Who the employee can be accompanied by
  • What an employer's options are with exercising their discretion over who can accompany an employee
  • When it may be a reasonable adjustment to allow an employee to be accompanied by someone other than required by law
  • When you should seek advice

HR Best Practice Tip

The 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.

Direct download: Episode_20.mp3
Category:general -- posted at: 12:39am EST

Changes to Employment Contracts: Episode 19

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

  • When changes can be made without risk of breach of contract
  • What the options are if an employee refuses changes to employment contracts
  • Why the Employment Tribunals are reluctant to give employers wide discretion to make changes
  • Why you should have a general variation clause in your employment contracts
  • When to have a specific variation clause

HR Best Practice Tip

The HR tip of the week is about a service that I can provide to you to make your life much easier.

Direct download: Episode_19.mp3
Category:general -- posted at: 2:33am EST

Constructive Unfair Dismissal: Episode 18

 

Constructive Dismissal

In 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

  • What the difference is between Unfair Dismissal and Constructive Unfair Dismissal
  • Why it is important to distinguish between the two types of unfair dismissal claims
  • What the three things are that an employee will need to show to successfully claim constructive unfair dismissal
  • How the Tribunal decide these claims
  • What you should be aware of
  • I also give you some examples of real cases that have been decided by the Employment Tribunal

HR Best Practice Tip

The HR tip of the week is a simple one, essentially do not delay unnecessarily when it comes to employee issues.

Direct download: Episode_18.mp3
Category:general -- posted at: 1:30am EST

Vectis Radio Listener Questions Answered: Episode 17

Employer questions answered

In 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 RadioDarren 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….

  • How to deal with the new Shared Parental Leave regulations.
  • How to keep up to date with employment law as a small business.
  • How to address a customer complaint about a staff member in a small team.
  • What to do about an employee on maternity leave who probably won't return to work.
  • What to do about auto enrolment and the new pension scheme.
Direct download: Episode_17.mp3
Category:general -- posted at: 3:04am EST

Using E-Cigarettes at work

How do you deal with staff who 'Vape' at work

In 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….

  • What the current law is regarding e-cigarettes.
  • The points to consider when looking at staff use of e-cigarettes at work. 
  • Why you should review your smoking policy and notify staff of the changes fairly urgently.
  • What the decision means for your business.
  • Why Ms Insley perhaps would have been better to wait for decision from her employer before resigning.

HR Best Practice Tip

The 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.

Direct download: Episode_16.mp3
Category:general -- posted at: 12:30am EST

Misuse of Twitter & Unfair Dismissal : Episode 15

What happens when an employee tweets offensive comments

In 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….

  • What the correct test for reasonableness of a dismissal is.
  • The points to consider when disciplining or dismissing an employee for social media comments.
  • Precautions you should take when dealing with social media issues.
  • What the decision means for your business.
  • The background to the decision.

HR Best Practice Tip

The 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 references

Game 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

Direct download: Episode_15.mp3
Category:general -- posted at: 4:00am EST

Reinstatement following Dismissal : Episode 14

What happens when an employee is successful with their appeal

In 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….

  • What happens when an employees employment transfers under TUPE regulations
  • When an employees employment will be reinstated on appeal
  • The importance of getting your procedures right
  • What the decision means for your business
  • The background to the decision

HR Best Practice Tip

The HR tip of the week follows the recruitment theme, giving guidance on how to answer a request for feedback from an unsuccessful candidate.

Podcast references

Salmon v (1) Castlebeck Care (Teesdale) Ltd (In Administration) (2) Danshell Healthcare Ltd and others

Direct download: Episode_14.mp3
Category:general -- posted at: 3:26am EST

Obesity & Discrimination : Episode 13

 

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….

  • Why the case was referred to the European Court of Justice
  • The facts in this case
  • What the decision means for law in the UK
  • Whether obese employees can claim discrimination
  • Whether you need to make reasonable adjustments for obese employees
  • What steps you should take if you have obese employees

HR Best Practice Tip

My 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 references

To 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

Direct download: Episode_13.mp3
Category:general -- posted at: 1:30am EST

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