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

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

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

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

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

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

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

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

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

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

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