Tue, 9 July 2019
Harassment and discriminationIn 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:
Action Points
Useful LinksYou 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 |
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Mon, 24 June 2019
Harassment and disability discriminationIn 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:
Action Points
Useful LinksAhmed 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 |
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Wed, 12 June 2019
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:
Action Points
Useful LinksThe 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 |
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Tue, 28 May 2019
Will an employee's refusal to accept an alternative role in a restructure situation mean that they forego a redundancy payment?
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:
Action Points
Useful LinksDevon 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 |
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Tue, 14 May 2019
When does a change in an employee's hours amount to a redundancy situation? How should you deal with employee conduct in group chats?
Redundancy and restructure & Why you should be concerned with staff group chatsIn 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:
Action Points
Useful LinksFauchon 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 |
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Tue, 30 April 2019
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:
Action Points
Useful LinksPodcast 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
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Mon, 1 April 2019
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:
Action Points
Useful LinksKhanum 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
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Mon, 18 March 2019
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:
Action Points
Useful LinksEmployers 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. |
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Mon, 4 March 2019
A reflection on Gender Equality in the lead up to International Women's Day 2019In 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:
Action Points
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 LinksArticle written by Alison Colley 'Gender Equality in the Workplace: Still and Issue?' November 2018 |
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Mon, 18 February 2019
Is it discrimination to dismiss an unmarried employee who cohabits with their boyfriend if your religion and/or belief prohibit it?
A summary of the decision in the Employment Appeal Tribunal discrimination case ofGan Menachem Hendon Limited v De GroenIn 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:
Action Points
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 LinksGan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal Lee v Ashers Baking Company Limited – Supreme Court Judgement |
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Mon, 4 February 2019
Snow and travel disruption at workFollowing 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:
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
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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Mon, 21 January 2019
Dealing with sickness absence in the workplaceThis 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:
Action Points
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 LinksOther related podcasts:
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
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Thu, 27 December 2018
Thank you and best wishes for the festive seasonThis 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: Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data. The only data we will hold is your name and email address.
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 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: Interlude_-_27th_December_2018_-_final.mp3
Category:general -- posted at: 4:00am EDT |
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Mon, 10 December 2018
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:
Action Points
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 LinksDisability related podcasts:
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
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Mon, 26 November 2018
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:
Action Points
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 LinksDisability related podcasts:
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 |
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Wed, 14 November 2018
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:
Action Points
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 LinksWonolo Top 50 Podcasts for HR Professionals 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 |
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Tue, 30 October 2018
Can you start a disciplinary procedure for an issue that has already been dealt with? Can you bring up historic misconduct? - Episode 110
What are your options with disciplinary action & double jeopardyIn 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:
Action Points
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 LinksSarkar v West London Mental Health NHS Trust 2010 Christou and another v London Borough of Haringey 2013 Williams v Leeds United Football Club
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 |
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Mon, 15 October 2018
A summary of the decision in the Supreme Court Discrimination case ofLee v Ashers Baking Company LimitedIn 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:
Action Points
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 LinksLee v Ashers Baking Company Limited - Supreme Court Judgement 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 |
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Tue, 2 October 2018
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:
Action Points
Useful LinksBrandeaux 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
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Mon, 17 September 2018
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. North East London NHS Foundation Trust v Ms S M Zhou - EAT July 2018 In this episode I will cover:
Action Points
Useful LinksNorth 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
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Tue, 21 August 2018
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:
Action Points
Useful LinksHealth & 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
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Sun, 5 August 2018
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:
Action Points
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
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Mon, 23 July 2018
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:
Action Points1. 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 |
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Tue, 10 July 2018
Unfair Dismissal Cases from the Employment TribunalIn 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:
Action Points
Useful Linkshttps://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 |
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Mon, 25 June 2018
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:
Action Points
Useful LinksYou 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 |
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Mon, 11 June 2018
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:
Action Points
Useful LinksYou 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 |
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Tue, 29 May 2018
Employee Grievances: Part 4 Frequently Asked QuestionsThis 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:
Action Points
Useful LinksACAS 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 Please do not worry we will not send you spam! We only use your name and email address for the purpose of sending you our fortnightly newsletter. We save your data in Mailchimp and you can read our privacy policy here: PRIVACY POLICY
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 |
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Mon, 14 May 2018
Employee Grievances: Part 3 Conclusion, Appeal & Points to NoteThis 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:
Action Points
Useful LinksACAS 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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Mon, 30 April 2018
Employee Grievances: Part 2 InvestigationThis 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:
Action Points
Useful LinksACAS 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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Mon, 16 April 2018
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:
Action Points
Useful LinksACAS 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 |
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Fri, 6 April 2018
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:
Action Points
Useful LinksYou 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 |
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Mon, 19 March 2018
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:
Action Points
Useful LinksEpisode 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 |
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Mon, 5 March 2018
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:
Action Points
Useful LinksAs 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 |
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Mon, 19 February 2018
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:
Action Points
Useful LinksDonelien 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 |
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Mon, 5 February 2018
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:
Action Points
Useful LinksACAS 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 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.
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 |
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Mon, 11 December 2017
Answers to some questions you may have about the GDPRFollowing 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:
Action Points
Useful LinksInformation 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 |
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Mon, 27 November 2017
As an employer what actions should you be taking to comply with the GDPRFollowing 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:
Action Points
Useful LinksInformation 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 |
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Sun, 12 November 2017
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:
Action Points
Useful LinksInformation 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 |
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Mon, 30 October 2017
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:
Action Points
Useful LinksBBC 5 Live survey Results & Report: Here 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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Mon, 16 October 2017
Examples of cases involving suspension at workFollowing 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
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. |
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Sun, 1 October 2017
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:
Action Points
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 |
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Tue, 19 September 2017
Suspension ChecklistWe 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:
Action Points1. 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 |
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Tue, 5 September 2017
Employment Law & HR issues in the newsNormally 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:
Action Points1. 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 |
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Mon, 7 August 2017
No more fees in the Employment TribunalUndoubtedly 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:
Action Points1. 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 |
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Mon, 24 July 2017
An interview with Juliette ChanAlthough 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. |
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Mon, 10 July 2017
The Pitfalls of ACAS Early ConciliationIn 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. |
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Mon, 26 June 2017
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. Please do not worry I will not send you spam! |
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Mon, 12 June 2017
An interview with Terri BrookesIn 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.
Direct download: rec_live_tibrookes.equality_for_all_18_May_2017_1.mp3
Category:general -- posted at: 3:23pm EDT |
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Tue, 30 May 2017
Mental Health: An interview with the expertsMental 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:
Direct download: Interview_with_Gill_and_Ian_-_Episode_78.mp3
Category:general -- posted at: 2:00pm EDT |
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Mon, 15 May 2017
Mental Health: Best Practice for EmployersMental 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:
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. |
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Tue, 2 May 2017
Mental Health & DisabilityMental 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: |
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Mon, 24 April 2017
A focus on Stress at WorkMental 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: |
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Mon, 3 April 2017
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. |
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Mon, 20 March 2017
It is easy to let things slide & have an easier life, BUT it can be costly later onIn 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. |
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Mon, 6 March 2017
An update on Social Media considerations for EmployersIn 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. |
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Sun, 19 February 2017
Employers Questions AnsweredThis 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. |
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Mon, 6 February 2017
Shared Parental Leave & Parental LeaveThis 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. |
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Sun, 11 December 2016
Employee Rights: Some Additional ConsiderationsThis 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. |
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Mon, 28 November 2016
Employee Rights to Maternity Leave & Pay and Adoption Leave & PayThis 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. |
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Mon, 14 November 2016
Employers Obligations: Pregnancy NotificationIn 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. |
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Mon, 31 October 2016
The Employment Tribunal decision on the status of Uber driversIn 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. |
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Mon, 17 October 2016
The Latest Update on the Holiday Pay Case of Lock v British GasIn 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. |
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Mon, 3 October 2016
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. |
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Mon, 19 September 2016
Be pro-active & improve productivity of your staffIn 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. |
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Mon, 5 September 2016
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 |
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Mon, 8 August 2016
The Employment Tribunal hears a case by Uber drivers claiming to be employeesIn 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. |
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Mon, 25 July 2016
6 simple steps to a happier & more productive workforceIn 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! |
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Mon, 11 July 2016
Tony Brown: Employer & Author of Standard ProcedureJohn 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
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Tue, 28 June 2016
Steve Thomson: Author of The Sticking PointIn 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. Please do not worry I will not send you spam!
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Mon, 13 June 2016
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. |
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Tue, 31 May 2016
Taking on your first employee: Part 3 Registering with HMRC & InsuranceIn 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. |
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Mon, 16 May 2016
Taking on your first employee: Part 2 ContractsIn 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. 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 |
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Tue, 3 May 2016
Taking on your first employee: Part 1PlanningIn 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. |
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Mon, 18 April 2016
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. |
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Mon, 4 April 2016
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:
Action Points
Don't forget National Living Wage - 25 and over = £7.20 Helpful Information & LinksBartholomews 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
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Mon, 21 March 2016
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:
National Living Wage - 25 and over = £7.20Action Points
Helpful Information & LinksTime 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: |
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Mon, 7 March 2016
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:
Action Points
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Mon, 22 February 2016
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:
Action PointsEnsure 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 LinksSign up for my fortnightly newsletter (next newsletter 29th February 2016) |
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Mon, 8 February 2016
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:
Action PointsReview 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 LinksHoliday & Sickness Absence: Episode 25 |
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Mon, 25 January 2016
Employment Tribunal Time Limits&Holiday Entitlement for 2015/16 & 2016/17In this episode of the Podcast I bring you two updates that you should be aware of. In this episode I will cover:
Action PointsReview 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 |
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Mon, 11 January 2016
14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.90 per ticket Get your ticket today as they are limited. |
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Mon, 28 December 2015
Employment Law & HR Update Event14th 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
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Mon, 21 December 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited. |
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Mon, 14 December 2015
The fourth instalment of a mini series focusing on RedundancyEpisode 4: What to do about alternative vacancies in a redundancy situationThis 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:
Action PointsEnsure that you have a mechanism in place for informing employees of internal vacancies within your business. Helpful Links |
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Mon, 7 December 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited.
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Mon, 30 November 2015
Employment Law & HR Update Event14th January 2016 at The Point, Eastleigh. 5pm for 5:30pm start £4.75 per ticket Get your ticket today as they are limited |
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Mon, 23 November 2015
Please do not worry I will not send you spam!
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Mon, 16 November 2015
The final instalment of a 6 part mini series focusing on Unfair DismissalEpisode 6: Listener questions answered about disciplinary issues & unfair dismissalIn 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:
Action PointsSign 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 |
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Mon, 9 November 2015
The fifth instalment of a 6 part mini series focusing on Unfair DismissalEpisode 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:
Action PointsIf you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses. Helpful Links
Employment Law & HR Update Event14th 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. |
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Mon, 2 November 2015
The fourth instalment of a 6 part mini series focusing on Unfair DismissalEpisode 4: Your guide to the ACAS Code of PracticeIn 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:
Action PointsEnsure 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 Law & HR Update Event14th 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. |
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Mon, 26 October 2015
The third instalment of a 6 part mini series focusing on Unfair DismissalEpisode 3: How to ensure the decision to dismiss is reasonableIn 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:
Action PointsEnsure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode. Helpful Links
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Sat, 17 October 2015
The second instalment of a 6 part mini series focusing on Unfair DismissalIn 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:
Action PointsCheck 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 |
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Fri, 9 October 2015
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:
Action PointsWhenever 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 LinksIntroduction to Constructive Unfair Dismissal: Episode 18 |
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Fri, 2 October 2015
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:
HR Best Practice TipThe 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 LinksThompson v London Central Bus Company Ltd - Employment Appeal Tribunal
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Fri, 18 September 2015
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:
HR Best Practice TipThe 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 |
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Fri, 11 September 2015
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:
HR Best Practice TipThe 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 LinksRamphal v Department for Transport
Would you like to be kept up to date with the latest news and best practice for employing people?Sign up to my newsletter and you will receive regular updates straight to your inbox . Sign up nowEmail Address *
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Please do not worry I will not send you spam!
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. |
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Fri, 4 September 2015
A round up of Employment Law in the News
There have been several topics in the news recently which I will touch upon and bring you more information and my opinion in this weeks' episode. In this episode I will cover:
HR Best Practice TipThe HR tip of the week is about ensuring that your employment contracts include a clause that allows you to obtain a medical report in the event that they are absent from work due to sickness for a substantial period of time.
New Media Europe ConferenceNew Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
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Fri, 28 August 2015
Nicole Le Maire - CEO of The People Engine & Co-Author of The Female Leader
In this weeks' episode of the Podcast I interview Nicole Le Maire a global HR professional who runs her own business.
About NicoleNicole is the proud CEO of The People Engine Ltd. with the brands New to HR and Human Resources Global. After leaving the corporate workforce as an international HR Director (entrepreneurial streak) and having gained global experience whilst living/working in over 30+ countries, she set up her own business to support business owners, teams and to provide support to business truly going global. How to find out more and get in touch with Nicole:
Websites: www.newtohr.com Twitter: @NicoleLeMaire or @newtoHR Linkedin: New to HR Instagram: http://instagram.com/newtohr Googleplus: https://plus.google.com/+NewToHR Email: nicole@newtohr.com
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Fri, 21 August 2015
An introduction to Settlement Agreements?
Following a request from a listener I bring you an introduction to Settlement Agreements and particularly the legal requirements for a binding settlement agreement. In this episode you will learn:
Legal Rights that cannot be settledThere are various legal rights which an employee cannot waive under a settlement agreement and these include:
With some of these claims employees can agree to waive their rights and settle claims if done so via ACAS. If you find you have an employee with one of these claims and you want to seek to reach an agreement with them then you should certainly obtain specific legal advice before paying the employee any money or drawing up any form of agreement or settlement agreement. HR Best Practice TipThe HR tip of the week is about protecting your business reputation by the inclusion of a 'Social Media' Policy in your handbook and if possible adding a clause to your employment contracts. This tip has come about following various recent cases about Social Media, including one reported in the blog which you can read here Some suggested wording for a clause that you can add to your contracts is: ‘You are not permitted to use any social media/networking platform during working time. Further, you are specifically not permitted to make any reference to the Company or any work colleague on any social media/networking site(s), whether in work or personal time. You should be aware that in such event, this could result in disciplinary action up to and including termination. Careful judgement should be exercised, giving consideration to the impact that your online activities may have on your employment. Any content posted by you on any social media network which could damage the reputation of the Company will result in disciplinary action and possibly dismissal.’ Where reputation is important to your business do not leave it vulnerable. Podcast AwardsI have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking here. New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
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Fri, 7 August 2015
Part 1 - What does TUPE mean?
In this episode of the podcast I bring you the first in a series of podcasts about the notoriously complicated area of law, The Transfer of Undertakings (Protection of Employment) Regulations. In this episode you will learn:
HR Best Practice TipThe HR tip of the week is about protecting your business in the best possible way when working with consultants, contractors or self-employed persons. Do not leave your business vulnerable. Podcast AwardsI have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking here. New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL. (please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off) |
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