The Employment Law & HR Podcast (general)

A guide to Wrongful Dismissal: What is it and when is it applicable?

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

In this episode I will cover:

  • The basis in law for a claim for wrongful dismissal.
  • The difference between unfair dismissal and wrongful dismissal.
  • The time limits for bringing a claim for wrongful dismissal.
  • The potential damages/compensation an employee could receive.
  • Why it is important to ensure that your disciplinary procedure is not contractual.
  • The impact of a wrongful dismissal claim on post-termination restrictions.

Action Points

  1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
  2. Seek advice before dismissing an employee without notice;
  3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.

Useful Links

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_108_final.mp3
Category:general -- posted at: 3:58pm EDT

When is it not 'reasonably practicable' for a claim to be submitted in time?

In this episode of the podcast I review an interesting case decided by the Employment Appeal Tribunal about time limits and the provision of section 111 of the Employment Rights Act which allows claims to be submitted out of time when not reasonably practicable for the complaint to be presented in time.

 
 

In this episode I will cover:

  • The facts which have led to the appeal.
  • Details about the claim form and submission process.
  • Jurisdiction issues.
  • Section 111 of the Employment Rights Act 1996.
  • Considerations for employers when defending claims.

Action Points

  1. If you receive a claim against you carefully check the time limits and timing of the claim.
  2. Seek advice if you are unsure about jurisdiction issues.
  3. When submitting documents and forms to the Tribunal ensure that you do not leave it to the last minute.
  4. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

North East London NHS Foundation Trust v Ms S M Zhou 

Hamling v Coxlease School - EAT 2006 

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_107_final.mp3
Category:general -- posted at: 7:02am EDT

In this episode of the podcast I deal with a suggested topic from a podcast listener who emailed to say:

"Really enjoy listening to your podcasts. Could I ask that you consider health and safety at work, workplace danger and Section 44 of the ERA 1996 as a future topic as it's a interesting subject?"
 

In this episode I will cover:

  • The protection from detriment provided by Section 44 of the Employment Rights Act 1996.
  • Unfair dismissal protection for employees who raise health and safety issues.
  • Basic health and safety obligations as set out in the Health & Safety at Work Act 1974.
  • Minimum legal requirements.
  • How individual Directors, business owners and managers can be liable for health and safety breaches.
  • Considerations in respect of mental health and protecting from risks to mental health safety.

Action Points

  1. Check to ensure that you comply with the minimum requirements of the Health and Safety Act Work Act 1974.
  2. Review your procedures and policies to ensure they are fit for purpose.
  3. Undertake any risk assessments.
  4. Ensure that your managers have training and a good understanding of the legal requirements.
  5. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

Health & Safety Executive Website

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_106_final.mp3
Category:general -- posted at: 8:52am EDT

What can you do about undeclared convictions of existing employees?

In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage.

In this episode I will cover:

  • The different rules that apply between Spent and Unspent Convictions.
  • When some job roles are exempt from the Spent conviction rules.
  • What you need to consider and the risks of dismissing an employee?
  • Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction.
  • Considerations if you do employ someone with a previous conviction.

Action Points

  1. Consider if any of the job roles in your business fall under the Exceptions Order
  2. Look at how the vetting process works and fits in your organisation.
  3. Consider what steps you take to undertake checks and background information about candidates.
  4. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

 Rehabilitation of Offenders Act 1974 – Guidance 

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_105_final.mp3
Category:general -- posted at: 4:01pm EDT

Do you have to pay the National Minimum Wage for time an employee is sleeping?

In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.

In this episode I will cover:

  • Background to the National Minimum Wage Regulations.
  • Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations.
  • Why this case provides much needed clarity on the issue.
  • The facts of the case.

Action Points

1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.

2. If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.

3. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

 

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_104.mp3
Category:general -- posted at: 5:30am EDT

Unfair Dismissal Cases from the Employment Tribunal

In this episode of the podcast I have reviewed a couple of employment tribunal decisions which have been published on the government website. It is a great way to get an understanding of what the Tribunals around the country will consider when looking at a claim for unfair dismissal.

In this episode I will cover:

  • Decision of the Tribunal in a misconduct case: Miss Helen Evans v Llanishen Fach Primary School
  • Decision of the Tribunal in a redundancy dismissal case: Mrs JM Hockenhull v David Lewis Centre
  • A reminder of the 'Polkey' rules when compensation is reduced where the Employer has failed to follow a fair procedure but the result would have been the same.
  • Decision of the Tribunal in a misconduct case: Mr D Maguire v Department for Work and Pensions
  • The surprising number of unfair dismissal cases being withdrawn or struck out as the employee did not have the required two years continuous employment.
  • A useful tip about preparing witness evidence.
  • A decision where the Employer was awarded some of their costs.

Action Points

  1. It is a useful exercise for those who are decision makers in disciplinary cases or HR professionals to have a read of some of the Judgements available:  https://www.gov.uk/employment-tribunal-decisions
  2. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.  
  3. If you do not have the time to read Judgements and stay on top of the law why not hire a professional who is specialist in this area: https://www.adviceforemployers.co.uk/employment-law-support/

Useful Links

https://www.gov.uk/employment-tribunal-decisions

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_103.mp3
Category:general -- posted at: 1:19pm EDT

In this episode of the podcast I cover the recent high profile case against Pimlico Plumbers in the Supreme Court. This is just one of many cases making the way through the Tribunal and Court system concerning the new 'gig' economy workers and establishing their legal status.

In this episode I will cover:

  • The background to the case.
  • The facts of the case.
  • What you need to know about the 'gig' economy and 'worker' status.
  • Summary of the key points.
  • Why this is an area where there will undoubtedly be legislation to clarify the position shortly.

Action Points

  1. Ensure that if you use' workers' or 'self-employed' consultants that you understand how to determine their legal status;
  2. Ensure you understand the risks of getting it wrong;
  3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.  

Useful Links

You can read the full case here: http://www.bailii.org/uk/cases/UKSC/2018/29.html

Watch the Supreme Court Judgement here: https://www.supremecourt.uk/watch/uksc-2017-0053/judgment.html

Podcast Episodes 61 & 66 re Uber case

Section 230 Employment Rights Act 1996

The Taylor Review: Read the full report here 

Governments response to the Taylor Review here

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_102_-_draft_v2_-_edited.mp3
Category:general -- posted at: 2:53pm EDT

Can an employer fairly dismiss an employee for serious misconduct without any warnings?

In this episode of the podcast I cover a couple of points including a recent Appeal Tribunal case about unfair dismissal, an update on delays in the Employment Tribunal and a question answered about pregnancy and sickness.

In this episode I will cover:

  • The case of MR A BARONGO  v QUINTILES COMMERCIAL UK LIMITED;
  • What you need to consider when deciding on dismissal in a case of serious, but not gross, misconduct;
  • Why there are delays in the Employment Tribunal process currently;
  • Whether you are able to ask an employee who is pregnant to fill in a sickness reporting form when absent due to sickness.

Action Points

  1. Ensure that you seek advice before making a decision about dismissal;
  2. Obtain training or give guidance to your managers about how to deal with pregnant employees;
  3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.  

Useful Links

You can read the full case here: MR A BARONGO  v QUINTILES COMMERCIAL UK LIMITED

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_101_final.mp3
Category:general -- posted at: 6:30am EDT

Employee Grievances: Part 4 Frequently Asked Questions

This episode of the podcast is the final in a mini series focusing on Grievances and how to deal with them.

I cover some of the Frequently Asked Questions about grievance investigations and processes.

In this episode I will cover:

  •  Does the employee who raises a grievance have the right to see witness statements and evidence gathered in the investigation process?
  • What if the grievance is against the owner of a small business?
  • If the grievance regarding bullying is upheld does the employee who raised the grievance have the right to know the outcome of the disciplinary process?
  • Does the employee 'accused' in the grievance have the right to know about the grievance against them?
  • Should a disciplinary matter or a grievance be dealt with first?
  • Can the same person investigate and decide the outcome of the grievance?
  • How do you reach a conclusion where two sides tell different story and there is no evidence?

Action Points

  1. Listen to episodes 1-3 of the Mini Series.
  2. Seek advice and expert support if you find yourself in a difficult or tricky situation.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
 

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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.

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

Direct download: Episode_100.mp3
Category:general -- posted at: 4:05pm EDT

Employee Grievances: Part 3 Conclusion, Appeal & Points to Note

This episode of the podcast is the third in a mini series focusing on Grievances and how to deal with them.

There will be one further episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Things to consider in reaching your conclusion.
  • How to approach the conclusion and support your findings and outcome.
  • What to include in your conclusion.
  • The appeal process.
  • The importance of considering mediation as an option throughout the process.
  • What to consider if the grievance is about a colleague or line manager.
  • How to handle employee grievances raised in the disciplinary process.
  • Why you need to be cautious with employees raising 'tactical grievances' at the same time as 'without prejudice' settlement negotiations.
  • How to deal with employees who raise a grievance whilst absent from work due to work stress or for mental health reasons.

Action Points

  1. Ensure that any conclusion you reach in an investigation process is supported by the evidence you have obtained.
  2. Where possible give a full explanation for your investigation findings.
  3. Do not delay in dealing with grievances raised at the same time as a settlement offer.
  4. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_99.mp3
Category:general -- posted at: 2:00am EDT

Employee Grievances: Part 2 Investigation

This episode of the podcast is the second in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 2 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • How to approach the grievance process.
  • Things to consider when assigning a grievance investigator.
  • The importance of planning and setting out the scope and purpose of the investigation.
  • The principles of reasonableness, objectivity and fairness of the investigation.
  • The importance of confidentiality and why it is tricky to manage.
  • How to plan and prepare for meetings with employees and witnesses.
  • Why evidence gathering is essential in assisting you reach the right outcome.
  • How to shape the investigation report and resources available to help.

Action Points

  1. When you receive a grievance from an employee act quickly and assign an investigator.
  2. Ensure that the investigator has appropriate training or resources at hand to assist with the investigation.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_98.mp3
Category:general -- posted at: 3:41pm EDT

This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Why it is important to identify a grievance even when it may not be obvious!
  • The importance of handling grievances well.
  • The impact and potential legal consequences of failing to deal with grievances correctly.
  • The starting point for any employer when considering grievances.

Action Points

  1. Have a good internal grievance procedure;
  2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_97_Final.mp3
Category:general -- posted at: 6:00am EDT

Can an employee rely on the failure to pay National Minimum Wage to claim constructive unfair dismissal?

In this episode of the podcast I cover a case, which is rather unusual, in that an employee was paid just 33p per hour. When she resigned and claimed constructive unfair dismissal her claims were initially unsuccessful as she did not know that she was entitled to minimum wage and that her employer was therefore in breach. The case is Mruke v Khan in the Court of Appeal.

In this episode I will cover:

  • The National Minimum Wage rates (as below);
  • The unusual facts of this case;
  • Background to a successful constructive unfair dismissal claim.

Action Points

  1. Ensure that you pay the National Minimum Wage - new rates: 25+ £7.83; 21-24 £7.38; 18-20 £5.90; 16-17 £4.20; apprentice £3.70.
  2. Check your salaried employees to make sure that their hourly rate does not drop below the new rates;
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

You can read the full case here: Mruke v Khan - Court of Appeal 2018

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_96_Final.mp3
Category:general -- posted at: 6:13am EDT

What can an employer do to resolve issues without lengthy procedures? 

In this episode of the podcast I run through the procedure for trying to resolve issues with employees without the need for lengthy procedures particularly when you have not already done anything about it previously.

In this episode I will cover:

  • The options available;
  • What 'protected conversations' are and how they work;
  • Why you may wish to make a settlement payment to an employee;
  • Questions to consider before starting the 'protected conversation';
  • How to start a settlement conversation with an employee;
  • What paperwork to produce and when;
  • How allowing the employee paid leave can be a good tactic;
  • How long you should give the employee to decide;
  • An example of the type of scenario that can arise.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. If you have delayed or failed to address issues and you want to bring an issue to a conclusion without a lengthy process consider settlement discussions;
  3. Seek advice and expert support at the earliest opportunity. 

Useful Links

Episode 28 of the Podcast - Settlement Agreements

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_95_-_final.mp3
Category:general -- posted at: 10:50am EDT

What can a manager do to assert their authority and continue to manage an employee who has a grievance against them? 

In this episode of the podcast I attempt to answer a great question from a listener about the practicalities of managing someone who has raised a grievance against you in response to your addressing performance or capability issues. An interesting question and a scenario that arises all too frequently.

In this episode I will cover:

  • My advice on how to avoid a grievance scenario in the first place;
  • Why employees often feel aggrieved when performance or capability issues are raised;
  • Why communication is the key in managing employees;
  • My thoughts on grievance procedures and why they do not need to be long drawn out processes;
  • Tips on how best to continue to proactively manage an employee even when there is a grievance process.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. Ensure that managers and supervisors who have line management responsibilities have some form of management training;
  3. Give your managers and supervisors support with difficult employees and play a hands on role to resolve the issues;
  4. Do not drag on grievance processes unnecessarily, there is no reason why it has to take months to investigate;
  5. Seek advice and expert support before a dispute arises. 

Useful Links

As part of our HR Harbour annual subscription service for employers we provide guidance and support for managers, which can include training on being a better manager and having difficult conversations. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £150 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_94_Final.mp3
Category:general -- posted at: 7:00am EDT

Will an employer be expected to know an employee is disabled if the occupational health report says otherwise

In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer's constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.

The case is Donelien v Liberata UK Limited

In this episode I will cover:

  • The facts of the case;
  • Background to the relevant discrimination legislation;
  • The relevance of the case given the fact that it was decided under the Disability Discrimination Act;
  • The decision of the Court of Appeal;
  • Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.

Action Points

  1. If you suspect an employee may be disabled it is important to get advice;
  2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
  3. Seek advice on your legal obligations before dispute arise. 

Useful Links

Donelien v Liberata UK Limited - Court of Appeal 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_93_final.mp3
Category:general -- posted at: 3:21pm EDT

What happens when an employee makes a claim against you in the Employment Tribunal?

In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim.

In this episode I will cover:

  • The first notification stage - when you will find out if there is a claim against you;
  • The time limit for returning your defence;
  • How the Tribunal issue directions for preparation;
  • The type of preparation required;
  • The timing for preparation in advance of the final hearing.

Action Points

  1. If you receive a claim form or notification from the Tribunal do not delay;
  2. Seek advice and ensure that you meet the Tribunal deadlines and timetable. 

Useful Links

ACAS Early Conciliation explained: Episode 3 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
 

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

 


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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.

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

Direct download: Episode_92_Final.mp3
Category:general -- posted at: 7:12am EDT

Answers to some questions you may have about the GDPR 

Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.

In this episode I will cover answers to the following questions:

  • Does the GDPR apply to information held about a business?
  • Are there extra considerations if we employ children?
  • Do all businesses need a data protection officer?
  • Who needs to know about the GDPR in my business?
  • Do I need to delete all old employee information I have?
  • If I only keep paper records does the GDPR still apply?
  • If we use software to hold employee data what do we need to do about this?
  • Is it necessary to have consent in all cases if we are holding and processing data?

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_91_Final.mp3
Category:general -- posted at: 5:58am EDT

As an employer what actions should you be taking to comply with the GDPR 

Following on from the last podcast (episode 89) I continue to provide you with an overview of the 'GDPR' and what you will need to know as an employer.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I bring you an action list to get started on ensuring your business is compliant with the GDPR from an employers perspective.

In this episode I will cover:

  • Consent issues for employers;
  • Actions you should take and why;
  • Ways in which you can simplify your compliance with the GDPR.

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_90.mp3
Category:general -- posted at: 8:06am EDT

Do you know about the GDPR & your requirements as an employer? 

If you are an employer or business owner you will have undoubtedly heard the word 'GDPR' around generally, normally followed by a bit of confusion and concern. The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I begin a mini-series bringing you an overview of the GDPR from an employers perspective. Following this podcast will be at least one, possibly two further episodes on the GDPR and a free checklist for Employers.

In this episode I will cover:

  • An overview of the introduction of the GDPR;
  • The deadline for compliance;
  • The consequences of non compliance;
  • A background to its application in the UK and EU;
  • What data it applies to;
  • How you may legally justify holding and processing data;
  • How you can gain consent from employees to holding their data;
  • What information you must provide to employees about their data and data rights;
  • What an employee's rights are when it comes to their personal data;
  • Changes to the Subject Access process and rules;
  • How you must demonstrate your compliance with the GDPR;
  • Advice about appointing a data protection officer;
  • Obligations to report a data breach;
  • Where you can go for more information.

Action Points

  1. Listen to the podcast and future episodes about the GDPR;
  2. Contact us for a free checklist (available after the 20th November 2017);
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_89_Final.mp3
Category:general -- posted at: 3:11pm EDT

What is Sexual Harassment? & How does the law protect people in the UK?

Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to  ensure the culture in your workplace does not allow this kind of behaviour to take place.

In this episode I will cover:

  • The law in the UK regarding sexual harassment;
  • The legal test for establishing sexual harassment;
  • Some case examples of what constitutes sexual harassment at work;
  • Some tips and hints to prevent issues arising;
  • How to ensure that this culture does not develop in your organisation.

Action Points

  1. Act quickly if faced with allegations or suspicions of such behaviour;
  2. Be clear on the type of behaviour that is acceptable in your organisation;
  3. Have a clear policy on acceptable behaviour and methods or reporting;
  4. Deal with any allegations or issues seriously.

Useful Links

BBC 5 Live survey Results & Report: Here

Equality Act 2010

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_88_Final.mp3
Category:general -- posted at: 3:53pm EDT

Examples of cases involving suspension at work

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

In this episode I will cover:

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

Action Points

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

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

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Would you like advice about your situation?

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

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

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

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

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

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

In this episode I will cover:

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

Action Points

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

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

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_86.mp3
Category:general -- posted at: 3:41pm EDT

Suspension Checklist

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

In this episode I will cover:

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

Action Points

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

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_85_-_final.mp3
Category:general -- posted at: 5:12pm EDT

Employment Law & HR issues in the news

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

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

In this episode I will cover:

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

Action Points

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

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

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

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

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

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Podcast_ep_84_final.mp3
Category:general -- posted at: 2:37pm EDT

No more fees in the Employment Tribunal

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

In this episode I will cover:

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

Action Points

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

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

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

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

 

Useful Links & Case References

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

An interview with Juliette Chan 

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

In this episode we cover:

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

Action Points

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

About Juliette Chan 

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

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

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

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

Useful Links & Case References

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

You can connect with Juliette on LinkedIn here – Juliette Chan

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

The Pitfalls of ACAS Early Conciliation 

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

In this episode I will cover:

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

Action Points

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

 Useful Links & Case References

 

Giny v SNA Transport Limited - Employment Appeal Tribunal 

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

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

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

In this episode I will cover:

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

Action Points

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

 Useful Links & Case References

Ali v Capita Customer Management Ltd - Employment Tribunal 

Hextall v Chief Constable of Leicestershire Police - Employment Tribunal

Snell v Network Rail - Employment Tribunal 

 

 


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

An interview with Terri Brookes 

In this weeks' episode I interview Terri Brookes who applied for a job as a trainee solicitor with the Government Legal Service (GLS) and requested a reasonable adjustment as a result of her aspergers. When the GLS refused to make adjustments to their recruitment process Terri made a claim in the Employment Tribunal. After winning her case in the Employment Tribunal the GLS appealed to the Employment Appeal Tribunal and Terri successfully defended her claim.

In this episode I will cover:

  • The facts of the case;
  • The reasons why Terri pursued the case;
  • Helpful guidance on reasonable adjustments that are required and should be considered in the recruitment process;
  • Why you need to treat each person with disabilities individually in the recruitment process;
  • Key points about cases in the Employment Appeal Tribunal.

Action Points

  1. If you are recruiting and you have tests or assessments then consider how these may impact those with disabilities;
  2. Consider how you would provide information and application forms, for example, if you had a candidate with a disability;
  3. Seek advice if you are unsure or you are presented with an unusual situation;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

The Government Legal Service v Brooks - Employment Appeal Tribunal

Read the full judgement here

You can read my case summary and comment: click here

You can connect with Terri on Twitter - @TIBrookes 

Direct download: rec_live_tibrookes.equality_for_all_18_May_2017_1.mp3
Category:general -- posted at: 3:23pm EDT

Mental Health: An interview with the experts 

Mental Health of employees is a difficult subject for employers to tackle and there are a number of implications of getting it wrong. In this mini series I will be focusing on Mental Health at Work and providing some hints, tips and legal advice for employers. This is the final episode in the series and I interview Ian Smith and Gill Hepburn from the italk Employment Team who are specialists in providing support and guidance to employees having difficulties at work as a result of or related to mental health conditions.

In this episode we will cover:

  • What the italk service is and who they help;
  • Guidance and tips for employers and employees;
  • Why mental health training for managers and supervisors is important;
  • Causes of issues at work;
  • Tips for employees who have mental health conditions;
  • Discussion on why more employees are diagnosed with mental health conditions as a result of work;
  • Why employers should know what their own policies and procedures say about mental health at work;
  • Resources and ideas for employers.

Resources for you

  1. www.italk.org.uk
  2. italk Employment Service
  3. Mindful Employer - www.mindfulemployer.net
  4. Mind - Free resources for Employers 
  5. Find Psychological Therapies near you
  6. Legal and practical help for employers is available from the Real Employment Law Team why not give us a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
Direct download: Interview_with_Gill_and_Ian_-_Episode_78.mp3
Category:general -- posted at: 2:00pm EDT

Mental Health: Best Practice for Employers 

Mental Health of employees is a difficult subject for employers to tackle and there are a number of implications of getting it wrong. In this mini series I will be focusing on Mental Health at Work and providing some hints, tips and legal advice for employers. The focus in this episode is best practice and what steps you can take to be a better employer.

In this episode I will cover:

  • Some of the reasons why employers behave badly or handle employees with mental health conditions poorly;
  • Tips for Employers to be better including;
  1. Creating a culture of acceptance and communication;
  2. Encourage communication and openness;
  3. Taking steps to reassure staff and make them feel appreciated;
  4. Consider and make workplace adjustments;
  5. Having good management of absence processes.
  • This episode also includes some ideas for best practice & going the extra mile for your employees.

Action Points

  1. Think about the culture in your organisation, what do your managers, supervisors and staff know about mental health and how do they feel dealing with employees who have a mental health condition;
  2. Consider implementing or making at least one change in your business;
  3. Seek advice and assistance to ensure the best practice in your business;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 


 

Would you like advice about your situation?

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

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

Direct download: Episode_77.mp3
Category:general -- posted at: 5:42am EDT

 Mental Health & Disability 

Mental Health of employees is a difficult subject for employers to tackle and there are a number of implications of getting it wrong. In this mini series I will be focusing on Mental Health at Work and providing some hints, tips and legal advice for employers. The focus in this episode is the legal implications and requirements of employers.

In this episode I will cover:

  • The definition of disability and how it applies to mental health;
  • The distinction between disability and stress at work or work related stress conditions;
  • Who has the burden of proving disability;
  • The importance of medical advice and opinion;
  • Implied knowledge of disability and when an employer will have implied knowledge;
  • Employer's obligations to a disabled employee;
  • Types of reasonable adjustments for a disabled employee with a mental impairment.

Action Points

  1. Discuss with any employees who display signs of mental health issues or long term health conditions;
  2. Provide support and systems in place for identifying reasonable adjustments for employees;
  3. Encourage employees to disclose medical conditions;
  4. Seek advice and assistance to ensure the best practice in your business;
  5. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
Direct download: episode_76.mp3
Category:general -- posted at: 9:27am EDT

A focus on Stress at Work

Mental Health of employees is a difficult subject for employers to tackle and there are a number of implications of getting it wrong. In this mini series I will be focusing on Mental Health at Work and providing some hints, tips and legal advice for employers. The focus to start with is on stress at work.

In this episode I will cover:

  • The reasons for growing stress numbers at work;
  • The reasons employees become stressed at work;
  • How reducing and preventing stress can help to prevent depression and anxiety conditions;
  • Why it is important for your business that you understand work stress;
  • How to identify employees who are stressed;
  • What you can do to reduce and manage employee stress.

Action Points

  1. Train your managers and supervisors to spot the signs of stress;
  2. Implement a Stress at Work policy;
  3. Increase communication among staff and managers
  4. Seek advice and assistance to ensure the best practice in your business;
  5. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 

Direct download: Episode_75.mp3
Category:general -- posted at: 5:33am EDT

Is a cycle courier a self-employed person or a worker?

This weeks' episode is about one of four cases that are making their way through the London Central Employment Tribunal on the issue of the status of workers. In this case Mr Boxer, who is a cycle courier, has asserted that he is a 'worker' rather than a self-employed person and is therefore entitled to holiday pay, and other benefits.

In this episode I will cover:

  • The facts of the case;
  • Why the Employment Tribunal have decided in Mr Boxer's favour;
  • What the significance of this case is;
  • Why there are several of these cases ongoing at the moment;
  • Why I predict that there will be legislation on this area in the near future to set guidelines to easier establish the status of certain workers in the 'gig' economy.

Action Points

  1. If you have any 'self-employed' contractors or persons working for you seek advice to clarify that they would be classed as 'self-employed' if a dispute arose;
  2. Seek advice and assistance if you are unsure of what to do;
  3. Subscribe for updates to ensure you are aware of the latest legal position as it changes;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

Boxer v Excel Group Services Limited - London Central Employment Tribunal

Uber Case - Another self-employed v Worker status case - Episode 66

Employment Status and the Gig Economy

Employed or Self-Employed - Episode 61

Direct download: Episode_74.mp3
Category:general -- posted at: 6:03am EDT

It is easy to let things slide & have an easier life, BUT it can be costly later on 

In this weeks' episode I explain the importance of addressing issues and having those difficult conversations when they occur rather than letting it go and trying to deal with it later on. In the last few months I have been advising a few employers who for one reason or another have reached the end of the line with an employee because of a culmination of small issues. However, because these small conduct issues have not been addressed when they arose it is almost impossible to rely on them later.

In this episode I will cover:

  • The importance of dealing with conduct issues as they arise, regardless of how uncomfortable or time consuming it may be;
  • Why it is difficult to rely on historic conduct issues to dismiss an employee;
  • The importance of setting out your rules and requirements of employees in a Handbook or set of rules;
  • Why it is important for employees to have been told the rules and requirements you have of them;
  • How to implement new rules and standards of conduct for existing staff;
  • Why it is important to tailor your documents, contracts and handbook to your business.

Action Points

  1. Review your Handbook and/or rules to ensure they cover the points that are important to your business;
  2. Make sure staff are aware of the Handbook and/or rules and seek evidence to confirm this;
  3. Consider an annual requirement for all staff to confirm they are aware of the rules and procedures;
  4. Deal with minor issues of misconduct when they arise and make a note of your conversation on the employee's personnel file;
  5. Seek advice and assistance if you are unsure of what to do with a disciplinary or dismissal issue;
  6. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

Episode 26 of the Podcast - Reasonableness of a decision to dismiss

Episodes 34 - 39 - Unfair Dismissal Focus

Episode 36 - the Reasonableness Test

Direct download: Episode_73.mp3
Category:general -- posted at: 5:15am EDT

An update on Social Media considerations for Employers

In this weeks' episode I bring you an update on social media considerations for employers. I have been contacted numerous times in the last couple of weeks with questions about social media issues at work by both employers and employees and therefore I thought that it would be a good time to recap on some of the cases in this area and summarise key points for employers to note.

In this episode I will cover:

  • Cases where the employee was fairly dismissed for social media posts;
  • Cases where the Employment Tribunal decided that the employee had been unfairly dismissed for social media posts;
  • A case where the employer was permitted to rely on Facebook posts and a YouTube video to fairly dismiss an employee;
  • Best practice training for new staff using an example from a case against Apple Retail;
  • What you should include in your Social Media Policy;
  • Considerations with social media relating to Discrimination, Recruitment, Reputation & Confidential Information.

Action Points

  1. Review your social media policy, if you have one, if not get one!;
  2. Consider how important social media reputation is to your business & how you are protecting your business from your employees;
  3. Consider providing training or specific information to employees at the induction stage about the use of social media;
  4. Ensure you make it clear in your recruitment policy and/or process how you will use social media and online searches about candidates;
  5. I can help with all of the points at 1-4 so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

British Waterways Board v Smith (2015)

Game Retail v Laws (2014) 

Gill v SAS Grand Services UK Limited

Whitham v Club 24 Ltd t/a Ventura (2011)

Stephens v Halfords PLC (2011)

Crisp v Apple Retail

Direct download: episode_72.mp3
Category:general -- posted at: 7:23am EDT

Employers Questions Answered

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this fifth and final episode in the series I answer some frequently asked questions from employers and give guidance on some good practice.

In this episode I will cover answers to the following FAQ's:

  1. I have an employee who is always taking time off at short notice because children are ill, what can I do?
  2. Can I stop my employee from taking holiday when returning to work from maternity leave?
  3. Can employees have time off for children's school events?
  4. I have taken on a new employee to cover whilst the regular employee is on maternity leave and they are doing a better job. Can I move the employee on maternity leave to a new job when she returns?
  5. I have an employee who is in a same sex relationship whose partner is pregnant, can my employee take paternity leave even though she is not a man (or father)?

Reference: Stelfox v Westco Building Components Ltd Employment Tribunal Case on returning from maternity leave.

 

Action Points

  1. Seek advice before taking action if you are unsure of an employees legal rights;
  2. Have a clear policy and procedure regarding family and parental rights;
  3. Consider going above and beyond the legal minimum to become the best employer in your industry;
  4. Seek advice and support to ensure you get it right. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.

 

 

 Getting advice from a Solicitor does not need to be expensive or painful!

 

 

 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 

 

Direct download: Episode_71_-_draft.mp3
Category:general -- posted at: 3:41pm EDT

Family Friendly Rights at Work: Shared Parental Leave & Parental Leave

Shared Parental Leave & Parental Leave

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this fourth episode in the series I summarise the two different types of Parental Leave that are available for employees who are parents.

In this episode I will cover:

  • The difference between Shared Parental Leave and Parental Leave
  • A summary of Shared Parental Leave
  • Employee eligibility for Parental Leave
  • How long employees can take for Parental Leave
  • Employee rights whilst taking Parental Leave and when they return to work
  • How an employer can postpone Parental Leave
  • Employee rights if they take Parental Leave
  • Practical tips on dealing with Parental Leave

You can listen to a whole episode on Shared Parental Leave here: Episode 12

Read more about Shared Parental Leave in two previous articles here and here

Action Points

  1. Ensure you understand the difference between Parental Leave and Shared Parental Leave;
  2. Check that you have details of both types of leave in your staff Handbook;
  3. Seek advice if you receive a request for Parental Leave or Shared Parental Leave and you are unsure of how to handle the situation. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.

 

 

 Getting advice from a Solicitor does not need to be expensive or painful!

 

 

 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 

 

 

 

Direct download: Episode_70.mp3
Category:general -- posted at: 4:56am EDT

Employee Rights: Some Additional Considerations

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this third episode in the series I round off with some final information employers will need to know with regards to employees who take maternity or adoption leave.

In this episode I will cover:

  • What you need to consider and be aware of with regards to redundancy.
  • Why you must offer a suitable alternative vacancy to an employee on maternity or adoption leave first.
  • What happens to an employee's holiday entitlement when they are on maternity or adoption leave.
  • Why it is important to include details about holiday in a contract or policy.
  • The additional protection from detriment that employees have when taking maternity or adoption leave.
  • The additional protection from dismissal because of exercising or intending to exercise the right to take maternity or adoption leave.
  • Recovery of statutory maternity and adoption pay via HMRC.

Action Points

  1. Ensure you include the details of any holiday requirements for employees taking or about to take adoption or maternity leave in your contracts or holiday policy;
  2. Ensure your managers and staff understand that employees have protection from detrimental treatment because they are taking maternity or adoption leave;
  3. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

Direct download: Episode_69.mp3
Category:general -- posted at: 3:27pm EDT

Parental Rights Series: Episode 2 - Maternity & Adoption Leave & Pay

Employee Rights to Maternity Leave & Pay and Adoption Leave & Pay

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this second episode in the series I bring you details about maternity leave and maternity pay and adoption leave and adoption pay. The rights in terms of maternity and adoption are very similar.

In this episode I will cover:

  • An employer's legal obligation to reply to an employee within 28 days of receipt of the start date for their maternity or adoption leave.
  • The right of all employees to maternity leave.
  • The length of maternity leave.
  • Employee's rights during maternity leave.
  • The qualifying criteria for statutory maternity pay.
  • The right of all employees to adoption leave.
  • How adoption leave works when a couple are adopting.
  • The length of adoption leave.
  • Employee's rights during adoption leave.
  • The qualifying criteria for statutory adoption pay.
  • Communication with an employee during maternity or adoption leave.
  • Keeping in Touch (KIT) days for employees on maternity or adoption leave.

Action Points

  1. Ensure you respond within 28 days to an employee who informs you of their intention to take maternity or adoption leave;
  2. Check you understand that basic requirements for an employee who wants to take maternity or adoption leave;
  3. Check your contracts and any handbook to establish whether employees have any entitlement to enhanced pay when on maternity or adoption leave;
  4. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 

Direct download: Episode_68.mp3
Category:general -- posted at: 2:27pm EDT

Family Rights at Work: Episode 1 Pregnancy

Employers Obligations: Pregnancy Notification

In this weeks' episode I bring you the first episode in a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents.

In this episode I will cover:

  • When an employee is legally obliged to inform you they are pregnant.
  • The notification process and information an employee must provide.
  • Guidance on how to handle the situation the right way when an employee tells you they are pregnant.
  • When to carry out a Health & Safety Risk Assessment.
  • What to tell an employee who is pregnant.
  • An employees right to time off for antenatal appointments.
  • A 'Qualifying' employees right to time off to accompany a pregnant lady to an antenatal appointment
  • Additional protection & rights for pregnant employees.

Action Points

  1. Check your staff handbook or policies to ensure it includes a pregnancy and maternity leave policy;
  2. Ensure your general risk assessment includes an assessment of risk and mitigation of risks for pregnant employees generally;
  3. Ensure that your general health and safety risk assessment is up to date;
  4. Seek advice before refusing time off for antenatal appointments you can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 Getting advice from a Solicitor does not need to be expensive or painful!

Direct download: Episode_67.mp3
Category:general -- posted at: 5:24am EDT

The Employment Tribunal decision on the status of Uber drivers

In this weeks' episode I follow up from Episode 61 when I brought you the details of a claim being considered in the London Central Employment Tribunal. The Judgement has been published and the outcome is that the Uber drivers in this case have been classified as workers.

In this episode I will cover:

  • Details about the case;
  • The differences in employment status;
  • What it means for the Uber drivers to be considered as workers;
  • The rights workers have;
  • What factors the Tribunal considered relevant in this case;
  • The potential wider impact of this case and why it is not over yet.

Action Points

  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter to ensure you get an update when the case is appealed;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Useful Links

Episode 61 - Uber case

Hermes Case

Direct download: episode_66_RELA.mp3
Category:general -- posted at: 11:23am EDT

Holiday Pay & Commission the Court of Appeal Decision: Episode 65

The Latest Update on the Holiday Pay Case of Lock v British Gas

In this weeks' episode I bring you the details of the latest installment in the long running case regarding payment of commission whilst on holiday and the interpretation of the working time regulations to decide how much pay an employee should receive when on holiday.

In this episode I will cover:

  • The background to European Law which governs holiday entitlement and holiday pay;
  • What the facts of this case are;
  • The reason why the case has been going on for so long;
  • The uncertainty for employers and what you can do in the interim;
  • My suggestions on how best to calculate holiday pay for staff who receive commission payments.

Resources

Case name: British Gas v Lock - Court of Appeal. You can read the full judgement for the case here

You can listen to previous episodes on the issue of holiday pay online episode 10 and episode 48

Action Points

  1. If you pay employees commission seek advice how best to ensure you are paying the correct amount when staff are on holiday;
  2. Subscribe to the podcast and Newsletter to ensure you get the updates when the case moves to the Supreme Court;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

Direct download: Episode_65_REAL.mp3
Category:general -- posted at: 4:49am EDT

Early Conciliation Timing: Episode 64

Does the Early Conciliation process apply to claims that happen after the certificate is issued?

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group,  argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.

In this episode I will cover:

  • The background to the Early Conciliation process and requirements;
  • How Early Conciliation works;
  • The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements;
  • Why the Employment Appeal Tribunal consider that a wide view should be taken of 'matter' when considering Early Conciliation;
  • Why you should take care in submitting your defence to a claim in the Employment Tribunal.

Resources

Case name: Compass Group v Morgan - Employment Appeal Tribunal. You can read the full judgement for the case here

You can start the ACAS Early Conciliation process here

Action Points

  1. If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution;
  2. Seek advice before submitting your defence to a claim in the Employment Tribunal;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

 

 

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_64_RELA.mp3
Category:general -- posted at: 4:35am EDT

Be pro-active & improve productivity of your staff

In this weeks' episode I bring you five tips to increase the productivity of your staff. It is not just about paying more there are other easy ways to get staff working harder for you.

In this episode I will cover:

  • Why the ultimate key to improving productivity and getting the best from your staff is happiness;
  • How the introduction of one to ones and performance reviews will help employees performance;
  • 360 degree communication on a consistent basis;
  • How investing in your staff with training is essential for your business success;
  • Why you should not be afraid to implement performance management procedures;
  • Ways to incentivise staff to go above and beyond.
  • Why you should look at the work environment and how this effects employees.

Action Points

  1. Take action and implement at least one of the tips from this episode;
  2. If you want more tips sign up here for your free copy;
  3. Let me know how it goes for you;
  4. Give me a call if you want to talk through some strategies or if you would like training or to implement change in your business 023 8098 2006 or 01983 897003

 


 Sign up for my fortnightly newsletter (next newsletter Monday 26th September 2016)

 

www.adviceforemployers.co.uk

Direct download: episode_63_Employment_Law_Podcast.mp3
Category:general -- posted at: 12:30am EDT

When is additional pay a reasonable adjustment for a disabled employee?: Episode 62

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the requirement to make a reasonable adjustment for an employee who is disabled and who took a different job role, as a reasonable adjustment, which would normally have 10% less pay. Case name G4S Cash Solutions (UK) Limited v Powell

In this episode I will cover:

  • The facts of the case and why the employee was arguing for more pay;
  • The background to the requirement to make reasonable adjustments for a disabled employee;
  • Why it is important to consider what is 'reasonable' in the particular circumstances;
  • Why full sick pay is not a reasonable adjustment;
  • Why the Employment Appeal Tribunal decided it would be reasonable for the employer in this case to continue to pay at the employees previous rate of pay;
  • Why you should take care in deciding what reasonable adjustments should be made for a disabled employee.

Resources

You can read the full judgement for the case here

You can find lots of examples of reasonable adjustments on the Equality & Human Rights Commission Website here

Action Points

  1. If you have a disabled employee or someone you suspect could be disabled you need to consider if any adjustments are needed;
  2. Seek advice if you are not sure about whether they would be a disabled person for the purposes of the Equality Act;
  3. Seek advice about specific adjustments for the circumstances;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Remember getting advice from a Solicitor need not be expensive or difficult!

Direct download: Episode_62.mp3
Category:general -- posted at: 3:08am EDT

The Employment Tribunal hears a case by Uber drivers claiming to be employees

In this weeks' episode I bring you the details of a case that has just been heard by the Central London Employment Tribunal involving Uber drivers and their claim to be employees. If they are successful it will mean they and thousands of other drivers will be entitled to a number of employment benefits. It could also have wider implications for businesses who utilise staff services in a similar way. The Employment Tribunal have not issued their judgement yet and I will report on this again when the outcome is known.

In this episode I will cover:

  • Details that are known about the case;
  • Why it is important for the Uber drivers to be employees rather than self-employed persons;
  • What factors the Tribunal will consider when deciding if someone is an employee, worker or self-employed person;
  • What the top three factors are in deciding if someone is an employee;
  • Why more businesses are starting to use 'self-employed' contracts;
  • Why you should take care when deciding what 'label' to place on your relationship with staff.

Action Points

  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter at www.adviceforemployers.co.uk to ensure you get an update when the outcome is released;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Direct download: Employment_Law_podcast_Episode_61.mp3
Category:general -- posted at: 4:00am EDT

Six tips for happier employees: Episode 60

6 simple steps to a happier & more productive workforce

In this weeks' episode I follow on from the tips and hints provided by my two previous guests Tony Brown and Steve Thomson and give you my six tips, which are super easy to implement, which will make a change to the happiness, productivity and engagement of your staff. How to get happier staff quickly!

In this episode I will cover:

  • Why you need to think about your staff;
  • Why being proactive is essential in preventing problems;
  • Why communication is vital to any organisation with people at the heart;
  • How you can make very simple and easy changes to your behaviour;
  • Some suggestions on how to get started;
  • Why it will make a difference to your business.

Action Points

  1. Take action and implement at least one of the tips from this episode;
  2. If you want more tips sign up here for your free copy;
  3. Let me know how it goes for you;
  4. Give me a call if you want to talk through some strategies or if you would like training or to implement change in your business 023 8098 2006 or 01983 897003

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: Employment_Law__hr_Episode_60.mp3
Category:general -- posted at: 4:30am EDT

An Interview with Tony Brown: Episode 59

Tony Brown: Employer & Author of Standard Procedure

In this weeks' episode I interview Tony Brown about taking on his first employee, his tips for putting the correct processes in place for managing employees and how to systemise your business.

About Tony

Tony L Brown, known as “The Systems Guy”, is a Business Systems Strategist, Author, Speaker and Trainer.

He is the Author of "Standard Procedure" - How to Systemise your Business, Reduce your Workload, Increase your Productivity and Become Profitable.

Tony also blogs and podcasts at TonyLBrown.com.

Tony’s goal is to help small business entrepreneurs to develop systems and processes that will help them to run their business more efficiently, giving them more free and flexible time to spend doing the things they want to do.

Tony Brown the founder and Director of Operation at Youth Work Toolbox - A Youth Engagement Agency he started in 2012.

In 2014 - after 15 years of service - Tony left his full time job within local government to run that business full time.

He has since grown it to a team of over 15 people, who service a range of clients, delivering youth work projects across the UK.

In 2015 - Tony was able to travel around Jamaica with his family for 8 weeks - while still running his business remotely.

In this episode we will cover:

  • What Tony considered when taking on his first employee;
  • How he felt when taking on his first employee;
  • How Tony implemented robust systems to ensure he got the right employees;
  • How having robust systems in place have helped to gain credibility with clients and helped when tendering for work;
  • How having regular meetings and sharing information across the organisation can help you succeed;
  • How looking after your employees will help you to get loyal and qualified employees.

Action Points

  1. Obtain a copy and read Tony's book;
  2. Consider how to puts systems and processes together for your business;
  3. Get in touch and let us know of what action you take and the outcomes;
  4. If you would like to discuss strategies for making your workforce happier give me a call and talk it through 023 8098 2006.

Useful Links

Contact Tony Brown here

You can also find out about how to work with Tony or if you would like Tony to speak at your event head over to www.tonylbrown.com/connect

Obtain your copy of here

John Maxwell - Author of several books on Leadership recommended by Tony Brown 

 

Book Synopsis

"Tony has done a brilliant job of laying out the basics, as well as taking you through the steps required to make sure you create the systems you need to catapult your business to the next level. This is the blueprint you need to grow your business in a smart, manageable way."

Chris Ducker, ChrisDucker.com - Bestselling author of ‘Virtual Freedom’

Do you feel stuck in your own business?

Are you spending more time running your business rather than doing the things YOU enjoy doing?

If you were to stop working, would your business stop running?

In Standard Procedure, Business Systems Strategist Tony Brown talks straight about why you should systemise your business and gives you a step by step process of how to do it.

Through stories, real life examples, and dozens of practical exercises, Tony gives you everything you need to create systems and processes for a successful systems-driven business. In these pages you’ll discover:

- A blueprint for creating a more systematic way of doing business
- The core principles for running your business from any location
- A step by step process to create your own powerful standard procedures
- What business functions you should systemise for maximum impact
- How to improve your standard procedures to future proof your business
If you want a business that continues to work, even when you stop. Giving you more free and flexible time to spend doing the things you enjoy, this book is for you.

 

 

 
Direct download: Episode_59.mp3
Category:general -- posted at: 4:20pm EDT

Steve Thomson: Author of The Sticking Point

In this weeks' episode I interview the author of the book The Sticking Point, an unusual book which will help you develop your managerial techniques and improve how you manage your people.

In this episode we will cover:

  • Why Steve wrote the book;
  • The comparison between physical and mental pain;
  • Why managers and business owners should read the book;
  • The effects of negative behaviour on your staff;
  • Tips for changing behaviour in your business;
  • The relevance of the book to the workplace;
  • The benefits of positive action and paying things forward.

Action Points

  1. Obtain a copy and read the book;
  2. Consider how to do something small and positive for others;
  3. Get in touch and let us know of the action you take and the outcomes;
  4. If you would like to discuss strategies for making your workforce happier give me a call and talk it through 023 8098 2006.

 Useful Links

Contact Steve Thompson

Sticking-Point

 

 

Obtain your copy of The Sticking Point here

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

 


 Sign up for my fortnightly newsletter (next newsletter Monday 4th July 2016)

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* indicates required 

Please do not worry I will not send you spam!

 

 
Direct download: Episode_58.mp3
Category:general -- posted at: 6:30am EDT

Taking on your first employee: Part 4  Frequently Asked Questions

In this weeks' episode it is the fourth and final part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week I will cover some of the frequently asked questions and concerns from business owners about taking on their first employee.

In this episode I will cover:

  • What to consider if you are thinking about taking someone on as 'self-employed';
  • Why you should proceed with caution before deciding to make someone 'self-employed';
  • Fixed term verses permanent contracts;
  • Why you need to think about the possibility of recruiting the right person and the terms you offer;
  • Zero hours verses guaranteed hours;
  • When you have to pay statutory sick pay;
  • If you have to give an employee maternity leave and maternity pay;
  • When you have to give an employee paid holiday.

Action Points

  1. If you are worried about any of the questions seek some advice and talk things through with someone experienced;
  2. Go back to the first episode of the mini series about planning to take on your first employee;
  3. Decide if you can actually afford an employee before you recruit;
  4. Give me a call and talk it through 023 8098 2006.

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

Direct download: Episode_57.mp3
Category:general -- posted at: 5:00am EDT

Taking on your first employee: Part 3 HMRC & Insurance

Taking on your first employee: Part 3 Registering with HMRC & Insurance

In this weeks' episode it is the third part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week paying the employee & covering your business.

In this episode I will cover:

  • When you need to register as an employer with HMRC;
  • An easy way to check the minimum requirements; 
  • When to register; 
  • What Real Time Reporting is; 
  • How to submit your monthly reports to HMRC; 
  • What software is available to assist with this; 
  • What the minimum insurance requirements are;
  • What the penalties are for failing to have the correct insurance. 

Action Points

  1. Ensure that you check if you need to register as an employer;
  2. If you need to register, do so before you make the first payment to your employees; 
  3. Obtain employers liability insurance from an authorised insurer.

Helpful Information & Links

Check if you need to register here: www.gov.uk 

 

 

Please vote for the podcast in the New Media Europe Podcast Awards 2016

Click below and scroll down under the Best UK Podcast Award and vote for the Employment Law & HR Podcast

http://newmediaeurope.com/2016/nmeu-awards-2016-stage-1/

Direct download: Episode_56.mp3
Category:general -- posted at: 1:00am EDT

Taking on your first employee: Part 2 Contract Terms

Taking on your first employee: Part 2 Contracts

In this weeks' episode it is the second part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week, the key things to consider when putting together your employee contracts.

In this episode I will cover:

  • Where to find the minimum legal terms required;
  • What you need to consider when preparing your contract terms;
  • Considerations regarding the length of the contract, will it be open ended or fixed term;
  • Whether you should include a probation period;
  • What notice periods you may want to include;
  • Rules regarding holiday and what is important for you regarding holiday requirements;
  • Sick procedures and pay;
  • Maternity, paternity and parental leave provisions.

Action Points

  1. Ensure that you set out the key legal requirements in the contract;
  2. Make sure the contract you use works for your business;
  3. Get a professional contract template prepared for your business. Contact us for a fixed fee quote alison@realemploymentlawadvice.co.uk .

Helpful Information & Links

Section 1 of the Employment Rights Act 1996

 

Please vote for the podcast in the New Media Europe Podcast Awards 2016

Click below and scroll down under the Best UK Podcast Award and vote for the Employment Law & HR Podcast

http://newmediaeurope.com/2016/nmeu-awards-2016-stage-1/

 

Need Software for recording your HR information? Check out the  HR Harbourfor more information

 


 Sign up for my fortnightly newsletter (next newsletter Monday 23rd May 2016)

Email Address *


* indicates required 

Please do not worry I will not send you spam!

Direct download: Employment_law_and_hr_podcast_Episode_55.mp3
Category:general -- posted at: 12:30am EDT

Taking on your first employee Part 1: Planning - Episode 54

Taking on your first employee: Part 1Planning

In this weeks' episode I bring you the first episode in a miniseries focusing on taking on your first employee and theconsiderations which apply with taking on any new employee.

In this episode I willcover:

  • Planning and why you should focus on what you want the employeeto achieve, the outcomes before your recruit;
  • Why you should think carefully about all of the costs includingthe hidden costs of taking on an employee;
  • The importance of budgeting correctly when considering salaryand hours;
  • How you can find the right person;
  • How are you going to decide who is the right person for thejob;
  • What references and pre-employment checks you are going tomake;
  • Why an offer letter is important and what to include.

ActionPoints

  1. Brainstorm and plan what youwant before advertising;
  2. Look at your budget;
  3. Ensure that those who are dealing with recruitment have atleast some basic training on the Equality Act;
  4. Outsource all or some of the process. Contact us for a fixedfee quote alison@realemploymentlawadvice.co.uk .

Helpful Information &Links

The Equality Act 2010

 

Direct download: Episode_54.mp3
Category:general -- posted at: 12:30am EDT

Disability Discrimination & a Premier League Football Club: Episode 53

In this weeks' episode I bring you a recent case about a premier league footballer who has successfully pursued a claim for disability discrimination against his former employer, Newcastle FC.

In this episode I will cover:

  • The facts of the case;
  • Why the case is interesting & rare in the Employment Tribunal;
  • What an employers obligations are to an employee who is diagnosed with cancer;
  • Different types of disability discrimination;
  • Why you need to seek specialist advice before taking any action regarding a disabled employee.

Action Points

  1. Ensure that your managers and supervisors have at least some basic training on the Equality Act;
  2. Check that you have an Equality and Diversity policy in your staff handbook ;
  3. Get advice about any tricky issues that may arise alison@realemploymentlawadvice.co.uk .

Helpful Information & Links

The Equality Act 2010

 

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

Direct download: Episode_53.mp3
Category:general -- posted at: 12:30am EDT

When can you restrict an employee from working for a competitor?  Episode 52

In this weeks' episode I bring you a recent case which reiterates the importance of getting your restrictive covenants right from the outset and on regularly reviewing the terms to make sure they are relevant. It is better to be proactive than leave it too late.

In this episode I will cover:

  • The facts of the case;
  • Why the employer was seeking an injunction against a leaving employee;
  • What the arguments were for an against the restrictive covenants;
  • What the Judge decided;
  • Why you need to seek specialist advice about your contracts.

Action Points

  1. Check if you have any restrictive covenants in employee contracts;
  2. Check what your contracts say about confidential information;
  3. Get a free review of your current restrictive covenants by emailing alison@realemploymentlawadvice.co.uk .

Don't forget National Living Wage - 25 and over = £7.20

Helpful Information & Links

 

Bartholomews Agri Food Limited v Thornton - High Court 2016

Recent article about Restrictive Covenants

Need Software for recording your HR information? Check out the  HR Harbour for more information

 

Direct download: Episode_52.mp3
Category:general -- posted at: 12:30am EDT

Focus on the National Minimum Wage & National Living Wage: Episode 51

What are my obligations as an employer and how can I work out if I am paying the National Living Wage?

In this weeks' episode I bring you a focus on the National Minimum Wage and Living Wage and what you should be considering carefully with regards to your employees.

In this episode I will cover:

  • The background to the National Minimum Wage
  • What the current National Minimum Wage is
  • What the National Living Wage will be from the 1st April and whom it will apply to
  • How to calculate if you are paying the correct amount
  • What to do if you are not paying enough to meet the National Living Wage
  • Your requirements for record keeping and reporting
  • The consequences if you fail to pay the National Living and National Minimum Wage
Year  21 and over    18 to 20     Under 18    Apprentice (subject to conditions)
2015 (current rate)   £6.70 £5.30 £3.87 £3.30

National Living Wage - 25 and over = £7.20

Action Points

  1. Calculate what you are currently paying your employees and check this against the National Minimum Wage & National Living Wage
  2. Check how you are recording your employee hours and rates of pay
  3. Make adjustments to ensure you are complying with the National Minimum Wage requirements

Helpful Information & Links

Time Workers: 

Time workers are those who are paid hourly and their hours include time when working, on standby or on call, travelling for work, training etc.

You take their pay for the reference period, i.e. one month and divide by the hours worked.

If their pay includes commission then you include the commission earned in the reference period (even though it may not actually be paid until the following month).

Salaried Workers:

These are workers who are paid a salary which is normally the same amount each month regardless of work undertaken.

For salaried workers you take the amount of hours worked over the year and divide by 12 and this will give you the hours for the pay reference period.

If you are unsure about how to calculate for your staff then please do not hesitate to get in touch and I would be very happy to assist you - alison@realemploymenlawadvice.co.uk

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

 

List of Employers named for failing to pay the National Minimum Wage:

The 92 employers named on the 5th February 2016 are:
1. TSS (Total Security Services) Limited, London E4, failed to pay £1,742,655.56 to 2,519 employees.
2. Abbey House (Cumbria) Ltd, trading as Abbey House Hotel, Barrow-in-Furness, failed to pay £13,468.47 to 13 employees.
3. Richard Lewis Communications plc, Southampton, failed to pay, £8,751.99, to 3 employees.
4. Kiddy Academy Hunts Cross Ltd, Liverpool, failed to pay £8,297.50 to 2 employees.
5. Oldham Premier Plumbing Supplies Ltd, Oldham, failed to pay £6,270.28 to 1 employee.
6. Matt Jenkins, trading as Matt Jenkins Dressage, Chipping Norton, failed to pay £6,184.32 to 1 employee.
7. Claire Reasons & Vanessa Nimmo-Cameron, trading as Merritime Nursery, Gosport, failed to pay £5,344.48 to 1 employee.
8. JG’s Hair & Beauty Ltd, Northallerton, failed to pay £3,427.21 to 3 employees.
9. Seed Event Solutions Ltd, London EC2, failed to pay £3,407.32 to 1 employee.
10. VP Concessions Ltd, trading as Treadstone, Leicester, failed to pay £3,111.06 to 2 employees.
11. Saxons PS Ltd, Burnham-on-Sea, failed to pay £3,045.66 to 1 employee.
12. Ocean Dental Ltd, trading as Ocean Dental Implant & Aesthetic Clinic, Manchester, failed to pay £2,819.01 to 2 employees.
13. Louisa Horner, trading as The Beauty Specialist, Keighley, failed to pay £2,807.13 to 2 employees.
14. Woodside Nursery Ltd, trading as Woodside Nursery School, Waterlooville, failed to pay £2,799.03 to 1 employee.
15. Petersfield Joinery Ltd, Petersfield, failed to pay £2,720.89 to 1 employee.
16. Helping Hands Day Nursery Ltd, Tilbury, failed to pay £2,629.58 to 1 employee.
17. Care One 2 One Ltd, Caerphilly, failed to pay £2,441.00 to 1 employee.
18. Quattro Recruitment Ltd, Norwich, failed to pay £2,239.00 to 431 employees.
19. Umberto Giannini Hair Cosmetics Ltd, Birmingham, failed to pay £2,172.53 to 2 employees.
20. Bayliss Commercial Builders Ltd, Tamworth, failed to pay £2,086.30 to 1 employee.
21. Connells Residential, trading as Connells Estate Agents, Leighton Buzzard, failed to pay £2,049.14 to 1 employee.
22. Holly Tree Maintenance Ltd, Bacup, failed to pay £1,839.63 to 1 employee.
23. Floorbrite Cleaning Contractors Ltd, Manchester, failed to pay £1,703.26 to 248 employees.
24. Childcare Directory Ltd, trading as Whiz Kids Day Nursery, Peterborough, failed to pay £1,698.02 to 1 employee.
25. Hard Hat Logistics Ltd, Liverpool, failed to pay £1,695.15 to 1 employee.
26. Elaine Harvie & S J Kirkbride trading as Shades, Stevenage, failed to pay £1,527.40 to 1 employee.
27. Grove Reed Joinery Ltd, Bishop Auckland, failed to pay £1,514.20 to 1 employee.
28. Centra Link Ltd, Calne, failed to pay £1,483.14 to 1 employee.
29. Hayes Freight Ltd, Walsall, failed to pay £1,465.46 to 1 employee.
30. Stage London Ltd, trading as Stage Hair & Beauty Salon, London SW6, failed to pay £1,433.26 to 2 employees.
31. Poplars Equestrian Ltd, Bridgwater, failed to pay £1,372.93 to 1 employee.
32. Hearns Coaches Ltd, Harrow, failed to pay £1,347.50 to 1 employee.
33. E & C Joinery Ltd, Doncaster, failed to pay £1,283.33 to 1 employee.
34. A & G Garages Ltd, Manchester M11, failed to pay £1,197.39 to 2 employees.
35. Park Resorts Ltd, trading as Brynowen Holiday Park, Dyfed, failed to pay £1,184.78 to 2 employees.
36. Spinnaker Ltd, trading as Heaven Sent, Rhyl, failed to pay £1,165.70 to 1 employee.
37. Century24 Limited, London E10, failed to pay £945.11 to 1 employee.
38. Fulford News Ltd, trading as K P News & Fulford Road Post Office, Bristol, failed to pay £913.14 to 1 employee.
39. Compass Services (UK) Ltd, Swanley, failed to pay £859.20 to 1 employee.
40. Golden Financial Solutions Ltd, Bradford, failed to pay £852.15 to 6 employees.
41. Dee Set Confectionery Ltd, Stoke-on-Trent, failed to pay £838.95 to 1 employee.
42. Sara Buchanan, trading as Guys and Dolls, Holywell, failed to pay £781.28 to 1 employee.
43. Oltec Group Holding Ltd, Wigan, failed to pay £774.04 to 4 employees.
44. Priory Park Hair Salon Ltd, Stoke-on-Trent, failed to pay £766.93 to 1 employee.
45. Christopher J Sargeant Ltd, Camberley, failed to pay £729.34 to 2 employees.
46. USUK Ltd, trading as Urban Style, Peterlee, failed to pay £712.05 to 4 employees.
47. Ipsum Contracts Ltd, Worcester, failed to pay £689.00 to 1 employee.
48. Parkem Chemists Ltd, Leicester, failed to pay £687.89 to 4 employees.
49. Ultra Furniture Ltd, Kingswinford, failed to pay £599.39 to 5 employees.
50. Into The Blue (SW) Ltd, trading as Into The Blue, Barnstaple, failed to pay £589.96 to 1 employees.
51. Cormorant Survey (UK) Ltd, Doncaster, failed to pay £585.00 to 1 employee.
52. Earthgrass Ltd, trading as Khushi’s, Edinburgh, failed to pay £564.00 to 1 employee.
53. Hurnfield Hargate Ltd, trading as The Farm Café, Spalding, failed to pay £558.99 to 1 employee.
54. Carefree Communications Ltd, Rochester, failed to pay £556.61 to 1 employee.
55. The Ship Inn (Pub & Kitchen) Ltd (previous tenant), Chester, failed to pay £529.80 to 1 employee.
56. Charlie Miller Hairdressing Ltd, trading as Charlie Miller, Edinburgh EH3, failed to pay £529.68 to 1 employee.
57. Premier Posting Services Ltd, Birmingham, failed to pay £504.80 to 1 employee.
58. New Homeworld Ltd, Glasgow, failed to pay £468.00 to 1 employee.
59. Loungers Ltd, trading as Bonzo Lounge, Bristol, failed to pay £459.88 to 1 employee.
60. Zucca Bistro Ltd, East Kilbride, failed to pay £454.74 to 1 employee.
61. Linell Precision Engineering Ltd, Johnstone, failed to pay £425.67 to 1 employee.
62. Clear the Red Ltd, Manchester, failed to pay £408.33 to 2 employees.
63. Tates Travel Ltd, Barnsley, failed to pay £384.94 to 1 employee.
64. Jadruti Parekh, trading as Park Farm Centre Post Office, Allestree, failed to pay £383.98 to 1 employee.
65. The Fresh Food Company (2007) Ltd, Glasgow, failed to pay £361.79 to 1 employee.
66. Crispy Crust Ltd, trading as Pizza Hut, Edinburgh EH12, failed to pay £309.02 to 13 employees.
67. Harknss Ltd, trading as Delight Coffee House, Gloucester, failed to pay £299.00 to 1 employee.
68. Free Spirit Automotive Ltd, Leighton Buzzard, failed to pay £288.69 to 1 employee.
69. Nattrav Ltd, Bishop Auckland, failed to pay £287.93 to 1 employee.
70. Sentricare East Mids Ltd, Derby, failed to pay £265.03 to 1 employee.
71. Mini Max Tyres Ltd, Stockport, failed to pay £256.56 to 1 employee.
72. Andrea of Wembley (Watford) Ltd, Watford, failed to pay £245.38 to 3 employees.
73. Peter Limb, trading as The Interior Design Bureau, Mansfield failed to pay £215.75 to 1 employee.
74. Goldex Investments (Surrey) Ltd, trading as Costa Coffee, Oxted, failed to pay £212.88 to 1 employee.
75. Thackerays Restaurants Ltd, trading as Thackeray’s, Tunbridge Wells, failed to pay £211.70 to 1 employee.
76. Mark Andrew Development (MAD) Ltd, trading as The Fitzgerald, Manchester, failed to pay £197.01 to 1 employee.
77. Broch Tandoori Ltd, trading as Broch Tandoori, Fraserburgh, failed to pay £193.46 to 5 employees.
78. Lorraine’s Care Home Ltd, trading as Lorraine’s Care Home, Swadlincote, failed to pay £183.35 to 1 employee.
79. P&S Foods Ltd, trading as Sam’s Chicken, London NW5, failed to pay £182.00 to 2 employees.
80. Social Health Care Ltd trading as Caremark Luton & Beds, Luton, failed to pay £176.11 to 1 employee.
81. Hair Heroes Ltd, Inverness, failed to pay £173.63 to 1 employee.
82. Autovets Sussex Ltd, Brighton, failed to pay £161.81 to 1 employee.
83. Paul Mason, trading as Bassett Tea Rooms, Southampton, failed to pay £159.26 to 1 employee.
84. Paul Blaney & Elaine Blaney, trading as Craftsman Cleaners, Belfast, failed to pay £149.81 to 2 employees.
85. Emin Markets Ltd, Sheffield, failed to pay £148.77 to 1 employee.
86. The Welbeck Bakehouse Ltd, Worksop, failed to pay £133.40 to 1 employee.
87. Derek Jones, trading as Re’Lec, Northampton, failed to pay £129.36 to 1 employee.
88. Sunamgonj Spice Ltd, trading as Cinnamon Spice, Sheffield, failed to pay £123.85 to 1 employee.
89. DMR Electrical (Norfolk & Suffolk) Ltd, Halesworth, failed to pay £117.68 to 1 employee.
90. Organic Warehouse (Chelsea) Ltd, trading as Here, London SW3, failed to pay £117.50 to 1 employee.
91. Elizabeth House Ltd, Kirkcaldy, failed to pay £117.00 to 1 employee.
92. Illingworth Moor Retail Ltd, trading as Subway, Peterlee, failed to pay £102.96 to 2 employees.

Direct download: Episode_51.mp3
Category:general -- posted at: 2:51am EDT

When is an employer liable for the actions of an employee?

In this weeks' episode I bring you a case regarding vicarious liability, where an employer is liable for the actions or omissions of an employee which causes harm to another. The case is a rather interesting one on the facts; Mohamud v WM Morrison.

In this episode I will cover:

  • The background to vicarious liability
  • The history of how the law has developed
  • Details of previous cases
  • The facts of this case
  • What you can do to try to mitigate the risks for your business

Action Points

  1. Ensure that you carry out good due diligence and pre-employment checks on new recruits.
  2. Deal with any issues of inappropriate conduct immediately.
  3. Ensure you have risk assessments and procedures in place.

Helpful Links

Mohamud v WM Morrison [2016]

Lister v Hesley Hall Limited  [2001] 

Rose v Plenty [1976]

Boson v Sandford [1691]

Direct download: Episode_50.mp3
Category:general -- posted at: 12:30am EDT

Race Discrimination & Harassment Case: Episode 49

Is an instruction to only speak English at work discrimination?

A recent discrimination case has been decided by the Employment Appeal Tribunal concerning an instruction to a Russian employee not to speak Russian at work, an interesting case for various reasons.

In this episode I will cover:

  • What the relevant legal provisions are regarding direct discrimination and harassment
  • What is required to bring a claim for direct discrimination
  • What is required for behaviour to constitute harassment
  • Reasons you should proceed with caution with regards to employees who have been employed for less than 2 years
  • Steps you can take to prevent a claim

 Action Points

Ensure that your managers and supervisors have some training and/or knowledge of the requirements of the Equality Act and that they understand that instructions they give to employees can lead to an employment tribunal claim.

Helpful Links

Kelly v Covance Laboratories Limited

UK Business Startup Podcast

 HR Harbour


 Sign up for my fortnightly newsletter (next newsletter 29th February 2016)

www.adviceforemployers.co.uk 

Direct download: Episode_49.mp3
Category:general -- posted at: 12:30am EDT

Holiday Entitlement & Pay FAQ's Answered: Episode 48

Following a surprising question from an employee client I thought that it would be helpful to dedicate an episode to answering some of the frequently asked questions abut holiday.

In this episode I will cover:

  • The background to holiday entitlement and pay in the UK
  • The Working Time Regulations requirements
  • Notice periods for taking holiday
  • Who is entitled to take holiday
  • How to calculate holiday pay
  • When you can pay in lieu of holiday
  • When holiday can be carried forward to the next year
  • Rolled up holiday pay

 Action Points

Review your contracts and policies to see if you have holiday entitlement and pay covered. Check to ensure that your part-time staff are treated the same as full time staff with holiday, and review how much you are paying employees when they are on holiday.

Helpful Links

Online Holiday Calculator

Holiday & Sickness Absence: Episode 25

Commission & Holiday Pay

How much should I pay during holidays? Episode 10

 HR Harbour

Direct download: Episode_48.mp3
Category:general -- posted at: 2:14am EDT

Tribunal Time Limits & Holiday for 2015 / 2016: Episode 47

Employment Tribunal Time Limits

&

Holiday Entitlement for 2015/16 & 2016/17

In this episode of the Podcast I bring you two updates that you should be aware of.

In this episode I will cover:

  • ACAS Early Conciliation
  • Time Limits in the Employment Tribunal
  • The extension of Time Limits in the Employment Tribunal
  • Holiday entitlement under the Working Time Regulations
  • What you need to do if your holiday year runs from April to March
  • Why you may need to change the wording of your contracts regarding holiday

 Action Points

Review your contracts and handbooks with regards to your holiday entitlement and holiday year for employees. Take steps to ensure all staff have a minimum of 5.6 weeks holiday every year.

Helpful Links

ACAS Early Conciliation

HR Harbour

Direct download: Episode_47.mp3
Category:general -- posted at: 12:30am EDT

Wrongful Dismissal & Breach of Confidentiality: Episode 46

Mr M Farnan v Sunderland Association Football Club

A claim for wrongful dismissal in the High Court

In this episode of the Podcast I bring you the detail and Judgement from a claim brought by a former employee of Sunderland FC which emphasises the need to have good provisions and policies for confidentiality in your employment contracts and Handbooks.

In this episode I will cover:

  • What the facts were leading to Mr Farnan's claim
  • Why Mr Farnan alleged that Sunderland FC were in breach of contract
  • What the High Court Judge considered to be serious breaches of confidentiality
  • What the High Court Judge considered in respect of an allegation that Mr Farnan had sent an offensive Christmas Card from his work email address
  • What you need to do to ensure you are covered in the event you take action against an employee in similar circumstances
  • How to protect your  confidential information

 Action Points

Review your contracts and handbooks to ensure that you have specific clauses regarding your expectations of confidentiality. If you want to prevent employees from sending emails to their personal emails and from 'banking' confidential information then you need to include an express provision to this effect.

Helpful Links

Full case report Farnan v Sunderland Association Football Club

 HR Harbour


Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.90 per ticket

Get your ticket today as they are limited.

Direct download: Episode_46.mp3
Category:general -- posted at: 12:30am EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT

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 EDT