The Employment Law & HR Podcast (general)

In this episode of the podcast I interview Dr Julia Shaw about Spot, which she has co-founded to help employers and employees with harassment and discrimination recording and reporting.

About Dr Julia Shaw

In 2017 Dr Julia Shaw co-founded the memory science and artificial intelligence start-up Spot.

Spot helps employees report workplace harassment and discrimination, and empowers organisations to build a more inclusive and respectful work environment.

Dr Shaw is also a psychological scientist at UCL, and is best known for her research in the areas of memory and criminal psychology.

Dr Shaw also consults as an expert on legal cases, particularly cases involving historic allegations.

Spot

Useful Links

https://www.drjuliashaw.com/

https://en.wikipedia.org/wiki/Julia_Shaw_(psychologist)

Julia's TedX Talk

https://talktospot.com/

Direct download: Interview_Julia_Shaw_Final.mp3
Category:general -- posted at: 7:10am EDT

In this episode of the podcast I cover the basics which employers need to consider with regards to Subject Access Requests when received from employees. 

In this episode I will cover:

  • A background to the law. 
  • What you need to consider at the outset. 
  • The time limit for responding. 
  • The type of data you have to search for. 
  • What you have to provide to the employee. 
  • Exemptions when you do not have to disclose the data. 

Action Points

  1. Have a person or persons within your organisation who are responsible for data and compliance with subject access requests. 
  2. Create a checklist or utilise the resources from the ico to create a workflow to follow if someone makes a request. 
  3. Seek advice before rejecting a request or requiring a fee to be paid. 

Resources

https://ico.org.uk/

Right of Access for Employees

GDPR Overview for Employers

GDPR Privacy Policy

GDPR: Action List for Employers – episode 90

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 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 telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_129_final.mp3
Category:general -- posted at: 4:32pm EDT

In this episode of the podcast I discuss the importance of managing difficult or contentious conversations successfully.

In this episode I will cover:

  • What difficult conversations are.
  • Why we avoid having them.
  • The dangers of avoiding these conversations.
  • My top tips on how to carry out these conversations successfully. 

Action Points

  1. It should not be a surprise - Ensure that you are holding regular conversations about the required standards and performance.
  2. Conquer your fears - The conversation in your mind is always worse than that of reality.
  3. Change your mindset - A difficult conversation tends to go best when you think about it as just a normal conversation.
  4. Be prepared - You need to ensure that the evidence backs up what you are trying to achieve.
  5. Be positive - Spin your questions with a positive approach to open the lines of communication and have a positive dialogue.
  6. Handle reactions with care - Acknowledge emotions and respond with kindness and empathy.
  7. Cut out all distractions - Give your whole, undivided attention to the conversation.
  8. Be consistent - Hold all your employees accountable to the same performance expectations.
  9. Keep it confidential - Builds trust and confidence.
  10. Summarise your understanding and agree a way forward - Encourage your employee to come up with the solution.

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 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 telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Etienne Boulanger on Unsplash

 
Direct download: Episode_128_final.mp3
Category:general -- posted at: 5:30am EDT

In this episode of the podcast I interview Kate Cook, a corporate nutrition coach and we discuss how nutrition and well-being are important in the workplace and for employee happiness and business success.

About Kate Cook

The Business of Wellness – inspiring healthier lifestyles for better business.

Kate Cook gives talks and workshops to business clients empowering their staff to adopt healthier lifestyles. Fresh, creative and practical information is delivered in an interactive style that encourages involvement and engagement.

Kate is passionate about making nutritional change easy and effective. She is a highly experienced international speaker and her successful practice methods have secured extensive TV appearances, publishing deals, magazine features and commissions as an international keynote.

As founder and director of the Harley Street clinic The Nutrition Coach, Kate has personally worked with more than 7,500 patients face to face and written 7 books including: ‘Get Healthy for Good’ (Whole Health), ‘Drop a Dress Size’, ‘Shape Up Your Life’ and most recently ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’. TV appearances include UKTV’s ‘The Truth About Beauty’. Kate has also delivered a TedX Fidelity International talk on ‘Dishing The Dirt’.

Clients
Over her 20 year career, Kate has delivered nearly 800 sessions to many top level corporate companies some of whom are listed below:

Accenture, Bank of England, Bank of New York Mellon, Christie’s Fine Art Auctioneers, Coutts (Zurich), Discovery Channel Europe, EDF Energy, Gardiner and Theobold, Jack Wills, Jones Lang LaSalle, JP Morgan, Land Securities, Landor, London Underground Ltd., Network Rail, Ogilvy & Mather, Origins, Overbury, Oxford University Press, Pret A Manger, Skanska, Time Warner, The White Company.

Competition

Kate has very kindly offered a copy of her latest book ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’ to one lucky listener.

All you need to do is leave a comment in the show notes which can be found at www.adviceforemployers.co.uk/podcast/127 between Thursday 25th July 2019 - Thursday 8th August 2019. The winner will be picked at random on Friday 9th August 2019. 

Useful Links

www.thecorporatenutritioncoach.co.uk

www.katecook.biz

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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 telephone 01983 897003, 01722 653001 or 023 8098 2006


 

Direct download: Episode_127_interview_-_final.mp3
Category:general -- posted at: 5:16pm EDT

Harassment and discrimination

In this episode of the podcast I analyse the report commissioned by the Women and Equalities Committee  into whether the use of non-disclosure agreements in harassment and discrimination cases is unethical, and how they should be dealt with in the future.

In this episode I will cover:

  • The 12 recommendations discussed in the report.
  • My critical analysis for each recommendation.
  • How to ensure your business is using non-disclosure agreements correctly.
  • Why having a robust process for dealing with harassment and discrimination is essential for a successful business.

Action Points

  1. Non-disclosure agreements and confidentiality clauses in settlement agreements must not be used to pressure those who have suffered from discrimination or harassment at work to keep silent.
  2. Ensure you have the appropriate procedures in place to prevent discrimination and harassment at work
  3. Ensure  management are trained in how to deal with complaints of this kind and that staff are trained to identify such behaviour and to report it
  4. Seek legal advice before making any decisions.

Useful Links

You can read the full report HERE

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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 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.

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

HR Isle of Wight | HR Salisbury | HR Eastleigh

Direct download: Episode_126_Final.mp3
Category:general -- posted at: 3:42pm EDT

Harassment and disability discrimination

In this episode of the podcast I summarise the facts and law concerning a case involving a trainee teacher who was suspended due to the fact that he could not write for more than a couple of minutes. The employee, who had been diagnosed with dyspraxia, claimed disability discrimination, harassment and constructive unfair dismissal.  

In this episode I will cover:

  • Section 26 of the Equality Act 2010 which covers the law regarding harassment.
  • A breakdown of the considerations that will be made by the Employment Tribunal when assessing harassment.
  • The conclusion of the Employment Tribunal and Employment Appeal Tribunal in this case.
  • Assurance for employers that you can have difficult conversations with employees who are not capable of undertaking the job as a result of a disability.
  • Why obtaining an occupational health report is essential at an early stage.
  • Why making a decision in respect of the adverse effects of a disability does not constitute direct discrimination.

Action Points

  1. if you have concerns about an employees fitness for work then seek medical advice as soon as possible.
  2. If an employee has a disability then you will need to make adjustments and consider what can be done to assist them.
  3. Understand the any decision making with regards to disabled employees carries a risk, regardless of their length of service.
  4. Seek legal advice before making any decisions.

Useful Links

Ahmed v The Cardinal Hume Academies - Employment Appeal Tribunal

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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

Direct download: Episoe_125_Final.mp3
Category:general -- posted at: 8:53am EDT

In this episode of the podcast I give an overview of and my thoughts on implementing flexible working arrangements in your business. Whether for individual employees or as a wholesale change to the way you work, could this be the future for your business? 

In this episode I will cover:

  • Examples of businesses who have already made changes for more employee flexibility.
  • Different types of arrangements that you could consider.
  • An overview of the legal right to request flexible working.
  • The advantages of being open minded about flexible working.
  • The disadvantages and potential issues that could arise.

Action Points

  1. Consider surveying employees or creating a poll to find out if flexible working would be of interest to staff.
  2. Think about the types of arrangements that may work for your business.
  3. Consider trialing the changes first.
  4. Seek advice if you are unsure what to do and how to implement.
  5. Don't forget to take advantage of the publicity and promotion that could come with making changes to your business. If you are the first in your industry or you are trying something radical why not create a press release about it.

Useful Links

The right to request flexible working - The legal position - Episode 1 of the podcast

Article about the legal firm who have switched to a 4 day week

 

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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

Direct download: Episode_124_Final.mp3
Category:general -- posted at: 3:13pm EDT

Restructure and redundancy: When do you have to pay redundancy pay if there is alternative employment available?

In this episode of the podcast I cover a question from a listener which follows on nicely from the last episode when I answered a question about changing employee hours and redundancy. In this episode I tackle the difficult issue for employers regarding suitable alternative employment and the impact of an employees refusal on their right to redundancy pay. 

In this episode I will cover:

  • The legal position in the Employment Rights Act about redundancy payments.
  • What an employer should consider when deciding if a role is a 'suitable alternative' or not.
  • How an employer should make an offer of alternative employment and what to include.
  • The circumstances in which an employee can generally refuse an offer and when that refusal will be reasonable.
  • Practical steps for employers to take when considering alternative employment.
  • How to try to resolve potentially difficult issues with employees.

Action Points

  1. If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles.
  2. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective.
  3. Discuss any objections with the employee and see if you can reach an agreement.
  4. Seek advice if you are unsure whether you are required to make a redundancy payment or not.

Useful Links

Devon Primary Care Trust v Readman - Court of Appeal

Claim for redundancy pay or other payments where the employer is insolvent

Redundancy Mini-Series

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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 telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_123_final.mp3
Category:general -- posted at: 3:30am EDT

Redundancy and restructure & Why you should be concerned with staff group chats

In this episode of the podcast I cover two topics that employers should be aware of; the first comes from a listener question about redundancy and changing terms of an employee's contract and the second topic is inspired by the front page of my local newspaper, The County Press.   

In this episode I will cover:

  • The definition of redundancy and how it relates to a restructure.
  • When changing terms of employment can trigger a redundancy situation.
  • What you need to consider as an employer.
  • The case of Fauchon v Packman Lucas Associates which deals with this issue.
  • Why employers need to give consideration to what employees are sharing and sending to one another on group chat services.
  • Why I believe group chats are high risk for employers from an internal perspective and a risk to reputation.
  • The key points to consider to try to direct employees on the usage of group messaging services such as Facebook Messenger and WhatsApp.

Action Points

  1. If you are considering reducing staff hours or making internal changes consider whether there is a potential redundancy.
  2. If you are unsure give consideration to your obligations to consult with staff individually and potentially under collective consultation rules.
  3. Implement a 'group chat' policy either as a separate policy or as part of your social media policy - A policy will be available to download in our DIY document shop shortly but in the meantime if you would like a policy please contact alison@realemploymentlawadvice.co.uk
  4. Educate staff on the appropriateness and risks of communications with colleagues.
  5. Outline your rules and expected behaviour in communications amongst staff.
  6. Seek advice if you are unsure.

Useful Links

Fauchon v Packman Lucas Associates - Employment Appeal Tribunal

The Isle of Wight County Press 

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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 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.

 


The information contained in this Podcast 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

HR Isle of Wight | HR Salisbury | HR Eastleigh

Direct download: Episode_122_final.mp3
Category:general -- posted at: 1:00am EDT

If there is no requirement to undertake work, but merely to be available for work, would it be 'working time' for the purposes of the National Minimum Wage?

In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are 'on-call' with varying requirements on their time and whether they are entitled to the National Minimum Wage for the 'on-call' time.  

In this episode I will cover:

  • The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal.
  • The facts of the case and how they differ to the Mencap case regarding sleep-ins.
  • The principles of the National Minimum Wage Regulations on the issue of 'working time'.
  • The key points to note if you have staff working 'on-call' shifts.

Action Points

  1. If you have staff who work 'on-call' shifts for you then you should review how you are paying them.
  2. Consider dividing the 'on-call' time up if the requirements upon them vary during that time.
  3. Seek advice if you are unsure.

Useful Links

Podcast Episode 104 covering the Royal Mencap Case

Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal

Royal Mencap Society v Blake - 2018 - Court of Appeal 

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. 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 telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_121.mp3
Category:general -- posted at: 1:00am EDT

How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary?

In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing .  

In this episode I will cover:

  • Your options when this happens.
  • What the ACAS code says about an employee not attending a disciplinary meeting.
  • What are the requirements of 'natural justice'.
  • Principles of a fair dismissal for misconduct known as the 'Burchell' test.
  • The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice.
  • Reasonableness and range of reasonable responses test.
  • Reductions to compensation known as 'Polkey' deductions.

Action Points

  1. Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen.
  2. Obtain medical advice and evidence wherever possible.
  3. Only proceed in the absence of the employee in exceptional circumstances.
  4. Obtain advice before making a decision about how to proceed.

Useful Links

BHS v Burchell

Polkey Case

ACAS Code of Practice

Khanum v Mid Glamorgan Area Health Authority

Unfair Dismissal Mini Series Episode 1

Unfair Dismissal Mini Series Episode 2

Unfair Dismissal Mini Series Episode 3

Unfair Dismissal Mini Series Episode 4

Unfair Dismissal Mini Series Episode 5 

Unfair Dismissal FAQ's

 

Direct download: Episode_120_Final.mp3
Category:general -- posted at: 4:16pm EDT

What do employers need to be aware of when an employee wants to take time off for public duties and volunteering?

In this episode of the podcast I answer a question from a listener about employers legal obligations when an employee requests time off to undertake public duties or volunteering.  

In this episode I will cover:

  • The circumstances in which employees have the legal right to time off for public duties.
  • The consequences for failing to allow an employee time off in these circumstances.
  • When you can exercise your discretion for volunteering roles such as school governors or charity trustees etc.
  • Why allowing your employees time off on occasion for volunteering and/or community roles can be beneficial to your business.
  • What you need to consider if an employee is called for jury service.
  • Legal obligations and consequences when you have reservists within your employment.

Action Points

  1. Put in place a 'Time off for public duties' policy or at least consider what your position would be in the event that an employee makes a request.
  2. Understand what the legal obligations are in respect of public duties as set out in section 50 of the Employment Rights Act.
  3. Review the guidance on employing reservists and consider applying for the armed forces covenant.

Useful Links

Armed Forced Covenant

Employing Reservists

Employers Toolkit for Reservists

Section 50 Employment Rights Act 1996

Legal Updates from Real Employment Law Advice

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. 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 telephone 01983 897003, 01722 653001 or 023 8098 2006. 

Direct download: 119.mp3
Category:general -- posted at: 5:15pm EDT

A reflection on Gender Equality in the lead up to International Women's Day 2019

In this episode of the podcast I reflect on some of the issues facing women in the workplace including the challenges and statistics of the number of women who are leading the way in FTSE companies. 

In this episode I will cover:

  • Why inequality is part of our recent history and some of the issues women have overcome at work in only the last 100 years.
  • Recent statistics on the numbers of women leading FTSE 100 and FTSE 350 companies.
  • Some of the most shocking reasons why women are not making it onto the Boards of these 'leading' companies.
  • Why having a gender balance is actually good for business.
  • Some top tips on how you can start to address the imbalance in your business or organisation.
  • The Equality Act provisions on positive action and when it is permitted.

Action Points

  1. Track and measure so that you understand statistics on gender equality in your business or organisation.
  2. Tailor and target your recruitment marketing for women.
  3. Set up mentoring and ensure that the female leaders in your business or organisation are visible to others.
  4. Address and explore unconscious bias and preconceived ideas that may have developed at a senior level.
  5. Develop a strategy for what you want to achieve and get buy in to this at all levels.
  6. Ensure that all managers and senior staff have training in respect of equality and diversity.
  7. Look at the culture in your business and make changes where the culture does not reflect your strategy.
  8. Address complaints and issues quickly and take them seriously.
  9. Be proactive and build confidence of staff who have ambition or talent to be a future leader.
  10. Introduce a clear salary structure based on tangible measure.

 

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Article written by Alison Colley 'Gender Equality in the Workplace: Still and Issue?' November 2018

Worst explanations for not appointing women to Boards

Equality Act Section 158 and 159

Direct download: Episode_118.mp3
Category:general -- posted at: 5:43pm EDT

A summary of the decision in the Employment Appeal Tribunal discrimination case of

Gan Menachem Hendon Limited v De Groen

In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the ‘Gay Cake’ case, reported previously in episode 109 of the podcast. 

In this episode I will cover:

  • The basis in law for the claim.
  • The facts of the case.
  • A summary of the Appeal Tribunal decision.
  • My thoughts on the case and why this judgement was the outcome.
  • Comparison to the Gay Cake case.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination;
  2. Get some specific training for staff in Equality & Diversity and update regularly;
  3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act;
  4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Gan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal

Lee v Ashers Baking Company Limited – Supreme Court Judgement 

Podcast Episode 109

Direct download: Episode_117.mp3
Category:general -- posted at: 6:49pm EDT

Snow and travel disruption at work

Following the snow across much of the UK last week the issue of snow and disruption at work and the inevitable questions about employers obligations has arisen. So in this episode of the podcast I cover what you should do if employees cannot attend at work because of snow.  

In this episode I will cover the following:

  • Steps you should take to prepare your business for adverse weather.
  • Minimum temperatures at work.
  • What employee rights are if schools are closed or there is disruption to childcare.
  • Why it is important to have a policy in place to deal with snow days.
  • Things to consider and options to avoid an employee losing out on pay.
  • When unlawful deductions from wages may apply.
  • Why it is important to get advice.
  • Health and safety considerations

We can help with the relevant procedure and clause for your employment contracts to deal with snow and travel disruption. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Snow days article

 

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: 116_final.mp3
Category:general -- posted at: 4:25pm EDT

Dealing with sickness absence in the workplace

This episode of the podcast is the fourth and final part of a mini series on managing sickness absence at work and in this episode I cover some frequently asked questions and listener questions. 

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

  • What if an employee is sick from one job but still working in their other job?
  • Do I have to wait for an employee's sick pay to run out before I can take action to dismiss them?
  • I have heard that there are extra requirements if the employee's absence is caused by an accident at work?
  • Can I dismiss an employee with a disability if they are off sick?
  • What if the employee gets better and has a period of time with no absence but has had lots of warnings for absence in the past?
  • How do you deal with a situation when an employee goes off on medium to long term sick leave just before a capability hearing at the end of a formal capability process? Can you pick back up with that capability hearing when it is no longer viable to just extend the period by the time the employee had off sick?

Action Points

  1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
  2. Set out from the outset the method and frequency of contact with an employee;
  3. Obtain medical advice;
  4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Other related podcasts:

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

 

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

 

Photo by Emily Morter on Unsplash

 

 

Direct download: 115_final.mp3
Category:general -- posted at: 5:18pm EDT

Thank you and best wishes for the festive season

This is just a short interlude between episodes 113 and 114, which are covering Managing Sickness Absence, in order to say a big thank you for your support over the last year and for listening to the podcast.

It is also to inform you that the next podcast will be back on or around the 21st January 2019 when I will be covering listener questions about sickness absence.

I also wanted to take the opportunity to remind you that as a firm of Solicitors we provide advice and assistance to Employers and Employees on all aspects of employment law and would be very happy to help you in future, just drop me an email to alison@realemploymentlawadvice.co.uk and we can set up a free, no obligation, telephone call or Skype call.

It is also a reminder that we have a fortnightly free newsletter which covers various topics and updates that are not normally covered in the podcast. For example in the last newsletter before Christmas I covered the recently announced employment law reforms, known as the 'Good Work' reforms. If you want to learn more you can read the full article here: https://adviceforemployers.co.uk/2018/12/18/government-announce-employment-law-reforms/

The next newsletter due out on the 2nd January 2019 gives a full run down of all of the articles and issues covered in newsletters in 2018 so be sure to subscribe now to get your copy:

Sign up for our fortnightly newsletter for Employers & HR professionals

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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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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.

 


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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

HR Isle of Wight | HR Salisbury | HR Eastleigh

Direct download: Interlude_-_27th_December_2018_-_final.mp3
Category:general -- posted at: 4:00am EDT

How do you manage staff who are absent long-term?

This episode of the podcast is the third part of a mini series on managing sickness absence at work and in this episode I cover what you can do to manage staff who are absent long-term due to sickness or injury, including the stages you need to go through if their absence becomes untenable. 

In this episode I will cover:

  • Recognising the difficulties in having conversations with employees who are sick.
  • The importance of maintaining appropriate regular contact with absent employees.
  • Why you need to obtain medical reports and up to date information on the employees condition and prognosis.
  • What to do when you have to start the formal process.
  • The importance of considering disability and reasonable adjustments.
  • When to consider adjustments for the employee.
  • What to do when you reach the point of dismissal.
  • What to consider if the employee is going to be absent indefinitely and/or may not return.
  • How to minimise your risk of a discrimination and/or unfair dismissal claim.

Action Points

  1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
  2. Set out from the outset the method and frequency of contact with an employee;
  3. Obtain medical advice;
  4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Disability related podcasts:

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

 

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.

 

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: 113_Final.mp3
Category:general -- posted at: 3:26pm EDT

How do you deal with persistent short-term absences?

This episode of the podcast is the second part of a mini series on managing sickness absence at work and in this episode I cover the tricky issue of how to effectively address short-term absences and the stages you need to go through if the absence levels do not improve. 

In this episode I will cover:

  • The importance of having a good sickness procedure in your Handbook or other document.
  • Why having informal exploratory discussions with employees at an early stage are important.
  • What to do when you have to start the formal process.
  • Why you need to be clear on the real reasons for the employees absences.
  • How to check if the employee has a long-term medical condition and/or disability.
  • The importance of obtaining appropriate medical advice.
  • When to consider adjustments for the employee.
  • What to do when you reach the point of dismissal
  • How to minimise your risk of an unfair dismissal claim.

Action Points

  1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
  2. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
  3. Keep good records of the volume and reasons for absences;
  4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Disability related podcasts:

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

 

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.

 

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_112_Final.mp3
Category:general -- posted at: 3:13pm EDT

How can you start to reduce sickness absence in your business or organisation?

This episode of the podcast it is the start of a mini series on managing sickness absence at work and to start I cover some easy practical tips to reduce sickness absence which you can begin today. 

In this episode I will cover:

  • Some easy tips to help you to deal with sickness absence.
  • Guidance on having clear rules on telephoning in to report sickness absence.
  • Training managers to ask the right questions when someone phones in sick.
  • Back to work meetings and discussions.
  • Self-certification forms and what to include on them.
  • The importance of absence recording records.
  • Effective ways to manage sick pay.
  • How the Bradford Scale can help manage absence.
  • Why communication with staff is the key to reducing and managing sickness in your organisation.

Action Points

  1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
  2. Review how you record sickness absence in your business or organisation;
  3. Look at your sick pay policy and consider amending;
  4. Change your self-certification forms;
  5. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Wonolo Top 50 Podcasts for HR Professionals

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

 

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

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_111_final.mp3
Category:general -- posted at: 4:11am EDT

What are your options with disciplinary action & double jeopardy

In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? 

In this episode I will cover:

  • The risks if you dismiss an employee for an issue that has previously been dealt with informally.
  • A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed.
  • A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair.
  • The test of reasonableness and why it is relevant to disciplinary decisions.
  • Why the manager's behaviour in this scenario could be seen as bullying.
  • What you should consider if you are in similar circumstances.
  • Double jeopardy or res judicata in respect of employment issues.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time;
  2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place;
  3. Seek advice if you are unsure about the situation.

We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.

Useful Links

Sarkar v West London Mental Health NHS Trust 2010

Christou and another v London Borough of Haringey 2013

Williams v Leeds United Football Club

Episode 108  of the Podcast

 

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

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

 

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

Direct download: Episode_110_-_final.mp3
Category:general -- posted at: 4:15pm EDT

A summary of the decision in the Supreme Court Discrimination case of

Lee v Ashers Baking Company Limited

In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment. 

In this episode I will cover:

  • The basis in law for the claim.
  • The facts of the case.
  • A summary of the supreme court decision.
  • My thoughts on the case and why this judgement was the outcome.
  • Comparison from a 'similar' case in Colorado in the US.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees;
  2. Get some specific training for staff in Equality & Diversity and update regularly;
  3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Lee v Ashers Baking Company Limited - Supreme Court Judgement 

BBC Report on Case

Masterpiece Supreme Court Case from Colorado - CNN news piece

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

 

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

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

Direct download: Episode_109_-_Final.mp3
Category:general -- posted at: 3:58pm EDT

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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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.

 


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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Please do not worry we will not send you spam!

We only use your email address for the purpose of sending you our fortnightly newsletter.

 

 

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.

 


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_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

 

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

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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