The Employment Law & HR Podcast

In this episode 215 of the podcast I bring you an interview with Jan Brookes who is the CEO of a local Isle of Wight Charity, Isle Access. Jan is an expert in assisting businesses and organisations to be more accessible.

In this episode of the podcast we cover:

  • The number one thing that all employers can do, with no expense, to assist their staff with long term health conditions.
  • Ways in which employers can make reasonable adjustments.
  • Why it is important to give meaningful consideration to adjustments.
  • Some examples of how employers can make a change and be more inclusive.
 

About Jan Brookes CEO

Jan is the CEO of Isle Access.

Jan has had a notable career of over 40 years in nursing including holding a short service commission as a nursing officer in the RAF. She has considerable experience of caring for people with disabilities and poor mobility, and latterly worked in care home management. 

For a short period Jan also operated an ‘Accessible Travel’ franchise, on the Isle of Wight, inspecting and booking hotel accommodation away from the Island, for people with disabilities and poor mobility. In 2015, Jan succeeded in gaining an MSc (distinction) in International Hospitality Management. The topic for her dissertation was “Identifying the needs of people with dementia when using hotels’.

She is a member of the Access Association and has undertaken training in access auditing at the Centre for Accessible Environments. In 2016 Jan spoke at Bournemouth University’s Festival of Learning week and was voted Age Friendly Island Entrepreneur of the Year in 2018.

Isle Access Logo

About Isle Access

Isle Access is an Isle of Wight based charity that is helping to improve life for disabled people on the Island.

Their vision is that residents and visitors alike can enjoy as much of the Isle of Wight as possible. Their mission is to make the Island more accessible and inclusive for people of all ages. Their aim is to support disabled people by removing barriers to access, enabling disabled people to enjoy a better quality of life and achieve new skills and experiences. They do this by:

Informing, assisting and promoting businesses, organisations, individuals and local government initiatives to welcome everyone to our beautiful Island.

Providing some accessible services, such as adapted cycling.

They work with people of all ages and all abilities, including: Disabled people, Veterans, People who experience loneliness, People who need more supportive exercise.

A circle of lifeguards training on a beach

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 215_-_Final.mp3
Category:general -- posted at: 1:43am EDT

In this episode 214 of the podcast I bring you a summary of a case that was decided by the Employment Appeal Tribunal in regards to the issue of whether an employer was under an obligation to make a reasonable adjustment to their recruitment process for an applicant with regards to his dyspraxia. The case is AECOM Ltd v Mr C Mallon.

In this episode of the podcast we cover:

  • Why businesses need to ensure that they are open to reasonable adjustments in the recruitment process.
  • The facts of the case and why they are rather unique as Mr Mallon had previously been employed by AECOM Ltd.
  • How HR for the employer got it wrong and could have resolved the matter by a simple telephone call.
  • Why someone has to be a genuine applicant for the job role in order to claim discrimination under the Equality Act.
  • Tips for employers in ensuring that your recruitment process is inclusive, fair and reasonable.

Case Reference

You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/aecom-ltd-v-mr-c-mallon-2023-eat-104

Other podcast episodes on the issue of recruitment and reasonable adjustments

Getting your recruitment process right

The Government Legal Service v Brookes – Reasonable adjustments in recruitment: Episode 79

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 214_final.mp3
Category:general -- posted at: 5:27am EDT

This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting work

In this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP.

In this episode of the podcast we cover:

  • Why businesses need to ensure that agreed terms are set out in writing at the outset.
  • How the Employment Tribunal made a determination of Mr Guler’s status.
  • Why the Employment Tribunal decided that Mr Guler was a worker.
  • The issues that can arise about status and remuneration if you do not set out the terms in writing.

Case Reference

You can read the full judgement here: https://assets.publishing.service.gov.uk/media/64db5181c8dee400127f1c68/Mr_A_Guler_-v-Newman_Law_LLP3304221-2022_-_Written_Reasons.pdf

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 213_Final.mp3
Category:general -- posted at: 1:30am EDT

Workplace mediation is a critical tool for resolving disputes in the future of work

In this episode 212 of the podcast I bring you an interview and discussion with my colleague Jo Carley, who is an experienced workplace mediator and strong advocate for alternative dispute resolution in workplace disputes.

In this episode of the podcast we cover:

  • What is workplace mediation.
  • When workplace mediation is appropriate.
  • When employers should be considering workplace mediation.
  • Why it should be the starting point for any grievance formal or informal.
  • Why there is always a loser in the grievance process.
  • How workplace mediation works in practice.
  • The steps employers should be considering to implement workplace mediation.

Workplace Mediation: How we can help you

Jo Carley and I are both fully trained and experienced workplace mediators having completed the ACAS Certificate in Workplace Mediation.

If you would like us to undertake a mediation within your workplace then we would be happy to do so and can start by a no-obligation initial telephone call.

Our charges for a workplace mediation are as follows:

£350 + VAT for a half-dayplus travel costs. There is an additional charge of £100 +VAT per hour for any additional time required .

A half a day is the minimum amount of time needed (including two individual meetings and a joint meeting), but it could run over half a day depending on the extent of the issues there is to work through.

 

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 212_-__Final.mp3
Category:general -- posted at: 6:41am EDT

In this episode 211 of the podcast I bring you a run down from a case decided by the Employment Appeal Tribunal where the issue of making a change to employee contract terms was considered in the context of the employee’s eligibility for an enhanced redundancy payment. The case we are covering is Jackson v The University Hospitals of North Midlands NHS Trust [2023].

In this episode of the podcast we cover:

  • The options available to employees if they disagree with a change to contract terms.
  • The potential risks for employers of implementing changes without agreement.
  • What employers should consider when making changes to contract terms.
  • How a redundancy situation can arise when making changes to employee contract terms.
  • Why redundancy applied in this case.
  • The issue that often arises in NHS Trusts with enforced changes to roles and changes to Band ratings.
  • Why employers need to consult with employees on changes to terms.
  • The leading case of Hogg v Dover College
 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 211_Final.mp3
Category:general -- posted at: 3:15am EDT

What should employers consider when employing care leavers or care experienced people

In this episode 210 of the podcast I am joined by Ali Steele from Wight Oak Youth Services to discuss the importance for employers to think purposefully about employing care leavers and to consider the individual requirements of those who are care experienced.

In this episode of the podcast we cover:

  • Why it is important to consider care experienced employees.
  • What steps you can take to show support for care experienced employees.
  • The kinds of things that employers should be considering with regards to care leavers and care experienced persons.
  • Why christmas celebrations and birthdays can be a trigger or particularly difficult for care leavers.
  • Why young people from care often have higher resilience and better life skills and are more resourceful when compared to their peers.
  • Small things that you can do to promote awareness and best practice.

Resource and information

You can find more information about Wight Oak Youth here: Website and contact Ali Steele via hey@wightoakyouth.com

Care Leavers Covenant: https://mycovenant.org.uk/about/

In 2022 there were 82,170 children being looked after in England. Statistics can be found here: .GOV

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 210_final.mp3
Category:general -- posted at: 5:30am EDT

Procedure and Tips for employers about disciplinary investigations

In this episode 209 of the podcast I will explain why getting the disciplinary investigation process right is critical to successfully defending a claim for unfair dismissal and the steps that you need to take.

In this episode of the podcast I cover:

  • Why assigning the right person to investigate is crucial.
  • The steps that you need to take to set the scope of the investigation.
  • When you should notify the ‘accused’ of the investigation.
  • At what stage you should interview the ‘accused’.
  • Getting witness accounts of events.
  • Whether employees have the right to be accompanied at an investigation meeting.
  • Minute taking or audio recording of the meetings.
  • Dealing with reluctant witnesses.
  • The frequently asked questions about disciplinary investigations.
  • Some example scenarios to consider.
 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 209_Final.mp3
Category:general -- posted at: 11:31am EDT

In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take.

In this episode of the podcast I cover:

  • What is gross misconduct?
  • The legal test for determining a fair dismissal for gross misconduct
  • The difference between misconduct and gross misconduct
  • Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or rules
  • What is wrongful dismissal?
  • The connection between wrongful dismissal and unfair dismissal for gross misconduct
  • Some interesting example cases
  • 5 key points to consider and take action in relation to gross misconduct

 

Cases referred to:

Mr George v Dorset Healthcare University NHS Foundation Trust

Ms E Greenaway-Evans v Countryside Properties (UK) Limited

Mr Pubbi v Your-Move.co.uk I also covered the case in detail in Podcast 197 Is it fair to dismiss an employee who fails to declare bankruptcy?

Basildon Academies v Amadi

 

Training for your Team

 

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Direct download: 208_Final.mp3
Category:general -- posted at: 4:00am EDT

The reasons cases arise and steps you can take to prevent them

In this episode 207 of the podcast I bring you the most common reasons for Employment Tribunal claims to arise in our experience and ways you can reduce the risk of a claim arising.

In this episode of the podcast I cover:

  • The most common type of legal claim in our experience at this time.
  • The reasons why claims arise.
  • The fact that untrained managers and/or decision makers create the highest risk.
  • How following a simple process and keeping paperwork can reduce the risk of claim.
  • Why creating a culture of honesty and transparency can mitigate issues from arising.
  • The importance of addressing issues early on in a dispute or potential dispute.
  • Why looking at alternative methods of resolving conflict, that avoid the grievance procedure is critical.
  • Why managers should always follow up on reports made to them by employees regardless of the merit or seriousness of the issue raised.
  • How having in the moment notes of conversations or records of your decision making at the time can be crucial to disposing of a claim at an early stage and/or winning the case.

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE


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.

margarida-csilva-cQCqoTjr0B4-unsplash

Direct download: 207_-_Final.mp3
Category:general -- posted at: 1:19am EDT

In this episode 206 of the podcast I bring you a run down of the proposed changes to employment law announced by the government on the 10th May 2023. The gift that keeps giving….covid and furlough employment cases.

In this episode of the podcast I cover:

  • The change announced in regard to the sunset bill.
  • The fact that EU laws will be retained unless specifically revoked (for the time being at least).
  • Some welcome changes to working time rules.
  • Changes to holiday pay and calculations.
  • Changes to TUPE transfer requirements.
  • Making non-compete clauses post-termination no longer than 3 months.
  • The decision of the Employment Appeal tribunal in the case of Lovingangels Care Ltd v Mhindurwa where furlough was not considered as an alternative to redundancy.

You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/lovingangels-care-ltd-v-mrs-b-mhindurwa-2023-eat-65

If you want to ensure that you are up to date with employment law changes then subscribe to the podcast and our newsletter. To be added to the distribution list for the free fortnightly newsletter please email kathy@realemploymentlawadvice.co.uk.

 

Fixed Price Advice from Real Experts


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 £210 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, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE


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: 206_-_Final.mp3
Category:general -- posted at: 5:00am EDT