The Employment Law & HR Podcast

Harassment and discrimination

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

In this episode I will cover:

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

Action Points

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

Useful Links

You can read the full report HERE

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

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

 
 

Would you like advice about your situation?

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

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

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

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

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

HR Isle of Wight | HR Salisbury | HR Eastleigh

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

Harassment and disability discrimination

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

In this episode I will cover:

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

Action Points

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

Useful Links

Ahmed v The Cardinal Hume Academies - Employment Appeal Tribunal

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

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

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

 

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

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

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

Devon Primary Care Trust v Readman - Court of Appeal

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

Redundancy Mini-Series

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

 

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

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

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

Fauchon v Packman Lucas Associates - Employment Appeal Tribunal

The Isle of Wight County Press 

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

 

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

 

Would you like advice about your situation?

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

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

 


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

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

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

HR Isle of Wight | HR Salisbury | HR Eastleigh

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

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

Podcast Episode 104 covering the Royal Mencap Case

Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal

Royal Mencap Society v Blake - 2018 - Court of Appeal 

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

 

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

 

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

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

BHS v Burchell

Polkey Case

ACAS Code of Practice

Khanum v Mid Glamorgan Area Health Authority

Unfair Dismissal Mini Series Episode 1

Unfair Dismissal Mini Series Episode 2

Unfair Dismissal Mini Series Episode 3

Unfair Dismissal Mini Series Episode 4

Unfair Dismissal Mini Series Episode 5 

Unfair Dismissal FAQ's

 

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

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

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

In this episode I will cover:

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

Action Points

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

Useful Links

Armed Forced Covenant

Employing Reservists

Employers Toolkit for Reservists

Section 50 Employment Rights Act 1996

Legal Updates from Real Employment Law Advice

 

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

As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

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

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

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

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

In this episode I will cover:

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

Action Points

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

 

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

Useful Links

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

Worst explanations for not appointing women to Boards

Equality Act Section 158 and 159

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

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

Gan Menachem Hendon Limited v De Groen

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

In this episode I will cover:

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

Action Points

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

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

Useful Links

Gan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal

Lee v Ashers Baking Company Limited – Supreme Court Judgement 

Podcast Episode 109

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