The Employment Law & HR Podcast

In this episode of the podcast I bring you the normal seasonal warning that comes from employment lawyers and HR professionals, about the party season with the pitfalls and perils of office party shenanigans!

In this episode I will cover:

  • Why employers need to be concerned about what happens at work social events and parties.
  • What the risks are to your business if things go wrong.
  • Practical steps you can take to reduce the risk.
  • Why you may also have liability for 'post-party' parties or 'after parties', as illustrated by a particularly serious case in the Court of Appeal.

Action Points

  1. Issue a statement to all staff reminding them of acceptable conduct at the party (you will find an example here – feel free to copy and use this for your business/organisation).
  2. Remind staff about the usage of social media and what is and is not acceptable – remind them that not all colleagues would like their picture on social media, and that they should ensure all persons pictured consent before posting online.
  3. Designate a sober manager or senior person to attend the party.
  4. Make sure arrangements have been made for safe travel home from the venue, office or event.
  5. Deal with any incidents or complaints in a timely manner, ensuring you follow your internal procedures.
  6. Ensure that you consider anyone who does not want to join in with the party, for whatever reason. Make sure they feel included and are not isolated. Perhaps consider offering two alternative festive activities for staff.

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_136_Final.mp3
Category:general -- posted at: 5:44pm EDT

In this episode of the podcast I bring you my thoughts on the line between legitimate management of conduct and performance verses bullying. This is an issue that comes up regularly when advising both employers and employees and in my view it can be resolved with a few changes.

In this episode I will cover:

  • Why employees often claim they are being bullied when a manager addresses performance issue. 
  • How managers get it wrong. 
  • Steps employers can take to set the relationship up appropriately from the start. 
  • How to manage an employees expectations. 
  • Techniques managers can use to manage issues effectively. 

Action Points

  1. Consider preparing a message for all new starters about how you will address any issues if they arise.
  2. Give all employees a job description and targets or set of expected behaviours. 
  3. Train your managers to manage people. 
  4. Lead by example - good practice should start at the top. 
  5. Seek advice if you are unsure.

 

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Frank Busch on Unsplash

Direct download: Episode_135_Final.mp3
Category:general -- posted at: 6:00am EDT

In this episode of the podcast I bring you the Judgement from a European Case which provides an interesting look at what happens if someone makes comments outside of the context of recruitment and employment but which are negative to the LGBTI community and in turn would put off applicants in the future.

In this episode I will cover:

  • A background to the law.
  • The facts of the case.
  • Why business owners and HR professionals need to be cautious of comments they make about those with 'Protected Characteristics'.
  • Why the Court of Justice of the European Union took the decision they did in this case.

Action Points

  1. Ensure any spokespersons or senior people in your business have training on the equality act and discrimination principles.
  2. Ensure that all staff understand the impact of making public statements in any form, radio, TV, social media etc which are discriminatory.
  3. Create a culture which is fair and reasonable and within which equality is promoted.
  4. Have a written policy in place setting out your approach to equality.
  5. Seek advice if you are unsure.

Resources

NH v Associazione Avvocatura per i diritti LGBTI 

The Equality Act 2010

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_134_-_Final.mp3
Category:general -- posted at: 6:00am EDT

Top Tips on being a GREAT Employer direct from businesses on the Isle of Wight

In this short bonus episode of the podcast I bring you a recording made at the IOW Chamber Breakfast meeting at the Garlic Farm in October 2019.

I asked several attendees from businesses on the Isle of Wight to give me their Top Tips on how to be a great employer. 

In the episode you will hear from: 

Zoe Findon - Purple Patch PMO

Fiona Jeffery - Brightbulb Design

Cindy Newnham - Lifeline Fire and Security 

Sandra Knowles - Hillbans Pest Control

Emma Wilson - WRS Systems 

Andrew Nordbruch - Wight Computers 

Tracey Hill - Osel Enterprises 

Jeri Williams - Smooth Accounting

Alistair Dickinson - MyCRM & Mapsimise 

Simon Poole - Wightfibre

Kathy Lockwood - Real Employment Law Advice 

Albert Bargery - Real Employment Law Advice 

 

What is your favourite tip from those given on the episode?

Do you have any tips you would add?

 

Direct download: chamber_breakfast_-_133_Final.mp3
Category:general -- posted at: 3:13pm EDT

In this episode of the podcast I bring you a brief overview of the basics of discrimination. This episode is ideal if you are new to HR, management or you just want a refresher of what discrimination is.

In this episode I will cover:

  • A background to the law.
  • What you need to know as an employer or HR professional. 
  • What protected characteristics are.
  • The different types of discrimination.
  • Discrimination claims which are unique to disability. 
  • The key steps an employer needs to take.

Action Points

  1. Where possible provide some training to all staff on the principles of equality.
  2. At the very least ensure managers are aware of the key principles and elements of the Equality Act and discrimination.
  3. Create a culture which is fair and reasonable and within which equality is promoted. 
  4. Have a written policy in place setting out your approach to equality. 
  5. Seek advice if you are unsure.

Resources

The Equality Act 2010

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Direct download: Episode_132_-_Final.mp3
Category:general -- posted at: 4:03pm EDT

In this episode of the podcast I cover a recent case decided by the Norwich Employment Tribunal as to whether a vegetarian employee could claim protection from discrimination on the grounds of vegetarianism.

In this episode I will cover:

  • A background to the law. 
  • How the employment tribunal determine a 'philosophical belief'.
  • Why it is a 'hot topic' currently. 
  • How it is related to a similar case about veganism. 
  • What you should take from this case as an employer.

Action Points

  1. Create a working environment where differences and beliefs are celebrated and accepted.
  2. Behave fairly and reasonably to all employees regardless of your views on their beliefs. 
  3. Have your rules and codes of conduct and behaviour set out in writing and communicated to all employees. 
  4. Seek advice if you are unsure.

Resources

Conisbee v Crossley Farms Limited & Others - Employment Tribunal 

Article on Philosophical Beliefs and the Vegan Case

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Photo by Simon Matzinger on Unsplash

Direct download: Episode_131_-_Final.mp3
Category:general -- posted at: 3:57pm EDT

In this bonus episode of the podcast I bring you the audio from a recent interview on the YouTube channel for a business based locally to me on the Isle of Wight.

I was very pleased to have been invited onto the Business & Technology Show from MyCRM and I hope you find it interesting!

You can learn a bit more about me and why I started the business, including why my favourite film is Back To The Future.

Direct download: Interview_Final_-_25_09_19.mp3
Category:general -- posted at: 6:16am EDT

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

About Dr Julia Shaw

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

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

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

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

Spot

Useful Links

https://www.drjuliashaw.com/

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

Julia's TedX Talk

https://talktospot.com/

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

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

In this episode I will cover:

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

Action Points

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

Resources

https://ico.org.uk/

Right of Access for Employees

GDPR Overview for Employers

GDPR Privacy Policy

GDPR: Action List for Employers – episode 90

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

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

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

In this episode I will cover:

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

Action Points

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

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Etienne Boulanger on Unsplash

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