The Employment Law & HR Podcast (general)
Unfair Dismissal Part 4: The ACAS Code of Practice: Episode 37

The fourth instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 4: Your guide to the ACAS Code of Practice

In this weeks' episode of the podcast is a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode I will cover:

  • What the purpose of the ACAS Code of Practice is
  • The background to the Code of Practice
  • What the essential elements of the Code of Practice are
  • When the ACAS Code is applicable
  • What the consequences are of failing to follow the Code
  • Why you should have it in mind when dealing with conduct, performance and some other substantial reasons
  • What you need to do to fairly investigate alleged conduct
  • What you need to consider before dismissing an employee

Action Points

Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. 

Check your contracts and procedures to ensure that your disciplinary procedure is not contractual.

Helpful Links

Employment Rights Act 1996 

ACAS Code of Practice

 


 Employment Law & HR Update Event

14th January 2016 at the Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

Eventbrite - Employment Law Update 2015

 


 

Would you liAdvice neededke advice about your situation?

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

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

 

 

 


Real Employment Law Advice Logo

 

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_37.mp3
Category:general -- posted at: 3:00am EDT

Unfair Dismissal Part 3: The Reasonableness Test: Episode 36

The third instalment of a 6 part mini series focusing on Unfair Dismissal

Episode 3: How to ensure the decision to dismiss is reasonable

In this weeks' episode of the podcast I tell you all about the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode I will cover:

  • What the test for reasonableness is in accordance with the Employment Rights Act 1996
  • The two elements of a reasonable dismissal, Procedure and Substantive Fairness
  • What the fundamentals are for a reasonable dismissal decision
  • The different reasonableness and procedural requirements for each of the potentially fair reasons
  • What the range of reasonable responses test is
  • What you need to do to fairly investigate a conduct allegation
  • What you can do if you have more than one 'suspect' in an allegation of misconduct
  • How to deal with performance issues in order to fairly dismiss an employee for poor performance
  • What you need to consider before dismissing an employee

Action Points

Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.

Helpful Links

Employment Rights Act 1996 

BHS v Burchell 

 


 Employment Law & HR Update Event

14th January 2016 at the Point, Eastleigh.

5pm for 5:30pm start

£4.75 per ticket

Get your ticket today as they are limited.

Eventbrite - Employment Law Update 2015

Direct download: Episode_36.mp3
Category:general -- posted at: 3:00am EDT

Unfair Dismissal Part 2: Potentially Fair Reasons : Episode 35

The second instalment of a 6 part mini series focusing on Unfair Dismissal

 

In this weeks' episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode I will cover:

  • What the five potentially fair reasons are
  • An example of each of the reasons
  • How they are applied
  • Why the facts of each are important
  • Why swearing at work can be grounds for a fair dismissal
  • Who has the burden of proving the reason for the dismissal
  • Why the burden shifts in a claim for Automatic Unfair Dismissal
  • What you need to consider before dismissing an employee

Action Points

Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation.

Helpful Links

Employment Rights Act 1996 

Direct download: Episode_35.mp3
Category:general -- posted at: 8:53am EDT

Unfair Dismissal Part 1: An Introduction to Fair Dismissals: Episode 34

Episode 1: What is Unfair Dismissal?

This weeks' episode of the podcast is an introduction to the law regarding unfair dismissal. This is the first of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode I will cover:

  • The history of unfair dismissal
  • How unfair dismissal started in the early 1970's
  • What it is and where you will find the law
  • The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal
  • The qualifying period for unfair dismissal
  • Unfair dismissal claims with no qualifying period of service
  • Claims for Auotmatic Unfair Dismissal
  • The time limit for claims
  • Circumstances when an employer must provide written reasons for an employees dismissal

Action Points

Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.

Helpful Links

Introduction to Constructive Unfair Dismissal: Episode 18 

Focus on Constructive Unfair Dismissal: Episode 21

Employment Rights Act 1996 

Direct download: Episode_34.mp3
Category:general -- posted at: 3:38am EDT

Victimisation, Association and Discrimination: Episode 33

This weeks' episode of the podcast features the case of Mr Thompson, a bus driver, against his employer the London Central Bus Company. Mr Thompson was subject to disciplinary action which he alleged was as a result of his association with other employees who had performed a 'protected act' under the Equality Act.

In this episode I will cover:

  • What the case was about
  • Why the outcome has potentially widened protection from victimisation
  • What forms of discrimination are covered by discrimination by 'association'
  • Why the case went to the Employment Appeal Tribunal
  • What the decision of the Appeal Tribunal was
  • What it means for Employers
  • What you need to do now

HR Best Practice Tip

The HR tip of the week is about communication. It's not always about the volume of communication, but the method and thinking twice before sending that email!

Helpful Links

Thompson v London Central Bus Company Ltd - Employment Appeal Tribunal

 

Direct download: Episode_33.mp3
Category:general -- posted at: 1:00am EDT

Is travel time, 'working time'? : Episode 32

Will Working Time include time spent travelling from home to the first job of the day for mobile workers?

This weeks' episode of the podcast features the case of Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another, a European Court of Justice case about what constitutes working time for the purposes of European law.

In this episode I will cover:

  • What the case was about
  • Why the Union for the employees made the claim in the first place
  • Why it went to the European Court of Justice (ECJ) 
  • What the Working Time Directive is and how it applies to UK law
  • What the Working Time Regulations are 
  • What the decision of the European Court was
  • What it means for Employers
  • What you need to do now

HR Best Practice Tip

The HR tip of the week is about getting the best from your staff, incentivising them and making them feel appreciated. A happy workforce = a productive one!

Helpful Links

Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another

Article on this case 

Direct download: Episode_32.mp3
Category:general -- posted at: 2:07am EDT

The Fit For Work Scheme: Episode 31

The Fit For Work Referral Scheme Launches for Employers

Monday 7th September 2015 saw the roll out of the new Fit for Work Scheme for Employers to make referrals about their employees who are absent on sick leave. In this weeks episode I give you a run down on how it will work.

In this episode I will cover:

  • The reason for the introduction of the Fit for Work Scheme
  • What it means for Employers
  • How it can assist you in encouraging and aiding employees to return to work
  • What the qualifying criteria are for a referral to the scheme
  • What happens once the referral has been made
  • What you need to be aware of and the action you may need to take
  • My opinion on how effective it will be and the potential litigation issues that could arise

HR Best Practice Tip

The HR tip of the week is about the drawing a line for HR professionals between giving advice on the process and overstepping into influencing and making decisions for the investigator or disciplinary officer. It follows a recent case which is also reported on my blog and which you can read by clicking here.

Helpful Links

www.fitforwork.org

Ramphal v Department for Transport

 

 


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Would you liAdvice neededke advice about your situation?

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

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

 

 

 


Real Employment Law Advice Logo

 

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_31.mp3
Category:general -- posted at: 2:30am EDT

Employment Law News Round Up: Episode 30

A round up of Employment Law in the News

There have been several topics in the news recently which I will touch upon and bring you more information and my opinion in this weeks' episode.

In this episode I will cover:

  • The proposal to abolish Employment Tribunal Fees in Scotland.
  • The outcome of Unisons challenge on Tribunal Fees in the Court of Appeal.
  • What I believe the future position will be regarding fees in England and Wales.
  • Details about the Living Wage.
  • What the Living Wage is.
  • The implications for Employers.
  • How to plan for the changes.
  • Why zero hour contracts are in the news again.
  • When zero hour contracts are good to use.
  • What my opinion is on the future of zero hour contracts.

 

HR Best Practice Tip

The HR tip of the week is about ensuring that your employment contracts include a clause that allows you to obtain a medical report in the event that they are absent from work due to sickness for a substantial period of time.

 


 

 

New Media Europe Conference

New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.

(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)

 

Direct download: Episode_30.mp3
Category:general -- posted at: 1:00am EDT

Nicole Le Maire  - CEO of The People Engine & Co-Author of The Female Leader

In this weeks' episode of the Podcast I interview Nicole Le Maire a global HR professional who runs her own business.

 

About Nicole

Nicole is the proud CEO of The People Engine Ltd. with the brands New to HR and Human Resources Global.  After leaving the corporate workforce as an international HR Director (entrepreneurial streak) and having gained global experience whilst living/working in over 30+ countries, she set up her own business to support business owners, teams and to provide support to business truly going global.

How to find out more and get in touch with Nicole:

Websites: www.newtohr.com 

Twitter: @NicoleLeMaire or @newtoHR 

Linkedin: New to HR

Instagram: http://instagram.com/newtohr

Googleplus: https://plus.google.com/+NewToHR

Email: nicole@newtohr.com


Podcast Awards 

I have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking hereVOTING CLOSES 31st AUGUST 2015!

New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.

(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)

 

Direct download: Episode_29_-_interview_with_Nicole_La_Maire.mp3
Category:general -- posted at: 1:00am EDT

Settlement Agreements

An introduction to Settlement Agreements?

Following a request from a listener I bring you an introduction to Settlement Agreements and particularly the legal requirements for a binding settlement agreement.

In this episode you will learn:

  • What a Settlement Agreement is.
  • When Settlement Agreements are used.
  • Who proposes a Settlement Agreement.
  • What the legal requirements are for a Settlement Agreement.
  • Why an employee must obtain legal advice regarding a Settlement Agreement.
  • Who can advise an employee about a Settlement Agreement.
  • Who should prepare the Settlement Agreement terms.
  • What rights an employee can waive under a Settlement Agreement.

Legal Rights that cannot be settled

There are various legal rights which an employee cannot waive under a settlement agreement and these include:

  • Claims relating to collective redudncies and an employers failure to adhere to their obligation to inform and consult with appropriate representatives.
  • Claims for breach of regulations 5, 6 and 9 under the Employment Relations Act 1999 (Blacklists) Regulations 2010.
  • Where there is a Transfer of employment covered by TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) and the employer fails to inform and consult transfering employees.
  • Claims under the Agency Workers Regulations 2010.
  • Employees are not able to compromise or waive their legal right to statutory maternity pay, paternity pay or adoption pay.

With some of these claims employees can agree to waive their rights and settle claims if done so via ACAS. If you find you have an employee with one of these claims and you want to seek to reach an agreement with them then you should certainly obtain specific legal advice before paying the employee any money or drawing up any form of agreement or settlement agreement.

HR Best Practice Tip

The HR tip of the week is about protecting your business reputation by the inclusion of a 'Social Media' Policy in your handbook and if possible adding a clause to your employment contracts. This tip has come about following various recent cases about Social Media, including one reported in the blog which you can read here

Some suggested wording for a clause that you can add to your contracts is: ‘You are not permitted to use any social media/networking platform during working time. Further, you are specifically not permitted to make any reference to the Company or any work colleague on any social media/networking site(s), whether in work or personal time. You should be aware that in such event, this could result in disciplinary action up to and including termination. Careful judgement should be exercised, giving consideration to the impact that your online activities may have on your employment. Any content posted by you on any social media network which could damage the reputation of the Company will result in disciplinary action and possibly dismissal.’

Where reputation is important to your business do not leave it vulnerable.

Podcast Awards 

I have been shortlisted in the category of best UK podcast and need your help to win at the first UK Podcast Awards in Manchester on the 12th September 2015. You can vote for the podcast by clicking here.

New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.

(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)

Direct download: Episode_28.mp3
Category:general -- posted at: 1:30am EDT