The Employment Law & HR Podcast

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

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