The Employment Law & HR Podcast
An introduction to TUPE: Episode 27

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:

  • What TUPE means.
  • When TUPE applies.
  • Why it is a complicated area of law.
  • What protection employees have on the transfer of their employment.
  • What happens if an employee does not want to transfer.
  • Who will transfer to a new employer.
  • What additional protection from dismissal applies under the TUPE regulations.
  • When changes can be made to transferring employees terms and conditions of employment.
  • What recent changes to the rules will mean.

 

HR Best Practice Tip

The 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 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_27_-.mp3
Category:general -- posted at: 12:30am EDT

The reasonableness of a decision to dismiss an employee: Episode 26

What are the considerations for a fair conduct dismissal?

In this episode of the podcast I tell you about a recent case decided by the Court of Appeal where an employee who was dismissed for a breach of the employer's new Health and Safety rules after 35 years employment claimed that it was not fair and reasonable to dismiss him for the misconduct. The employee admitted what he had done but claimed that dismissal was not a reasonable sanction in all the circumstances. The case is Newbound v Thames Water Utilities Limited.

In this episode you will learn

  • What an Employer should consider before dismissing an employee
  • The test that an Employment Tribunal will apply in a case for unfair dismissal
  • Why you should ensure that you apply consistent sanctions to employees with similar misconduct allegations
  • Steps you can take to reduce the risk of a claim for unfair dismissal
  • When you should seek advice for your business

 

HR Best Practice Tip

The HR tip of the week is about getting your legal status with workers, self-employed persons and employees correct at the outset. Including why you need to analyse the full relationship to establish employment status.

It is important that you have a relevant agreement in place with your staff to deal with any problems should things go wrong in the future.

Podcast references

To read the full Employment Appeal Tribunal judgement in the case of click 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)

Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here

Direct download: Episode_26.mp3
Category:general -- posted at: 2:30am EDT

Holiday Entitlement & Sickness Absence: Episode 25

 

Can employees on sick leave carry forward holiday and for how long?

In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee who was dismissed after almost 4 years on sick leave made a claim for accrued but not taken holiday for the previous 4 years. The case is Plumb v Duncan Print Group Limited.

In this episode you will learn

  • When an employee on sick leave accrues holiday
  • The circumstances in which an employee on sick leave can carry over holiday to a new leave year
  • How long an employee on sick leave can carry over holiday
  • What you should be aware of regarding holiday and sickness absence
  • What you can do to minimise issues
  • When you should seek advice for your business

 

HR Best Practice Tip

The HR tip of the week is about ensuring that you can recover the costs of paying for external training or qualifications for your employees in the event that they leave your employment and take their skills elsewhere.

It is important that you have a relevant agreement in place with your employee to enable you to recover the training costs and that the agreement is in accordance with current legal guidance otherwise it will not be enforceable.

Podcast references

To read the full Employment Appeal Tribunal judgement in the case of  click 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)

Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here

Direct download: Episode_25.mp3
Category:general -- posted at: 4:21pm EDT

Unfair Dismissal and failure to disclose misconduct: Episode 24

When can you dismiss an employee for failure to disclose misconduct in other employment?

In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee was dismissed for failure to disclose misconduct after his employer found out about an allegation of misconduct in his other part-time job. The case is The Basildon Academies v Amadi.

In this episode you will learn

  • When an employee is obliged to disclose their own misconduct
  • Why it was unfair to dismiss an employee who failed to disclose allegations of misconduct
  • What the employer in this case could have done differently to justify a fair dismissal
  • What you can do to ensure your employees must disclose
  • When you should seek advice for your business

 

HR Best Practice Tip

The HR tip of the week is about ensuring that your employment contracts are fit for purpose and the needs of your business. The featured case serves as a reminder that inadequate contracts can be costly for employers.

In particular with many regular changes to the law it is important to review at least annually. For example there has been a recent change to the use of zero hour contracts which makes it unlawful to include an exclusivity clause in a zero hour contract.

Direct download: Episode_24.mp3
Category:general -- posted at: 3:27pm EDT

Protection for a Whistleblower: Episode 23

When is a Whistleblower protected from Dismissal & Detriment?

In this episode of the podcast I tell you about a recent case in the Employment Tribunal where an employee resigned in response to his concerns not being taken seriously by his employer and where he alleged he had received detrimental treatment. The case is Newman v Riverside Building Supplies.

In this episode you will learn

  • What constitutes a protected disclosure for whistleblowing protection
  • When a disclosure is in the public interest
  • Why you should take employee concerns seriously
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about ensuring managers and supervisors are aware of the limits of their authority to dismiss and discipline employees.

Podcast references

Nurmohamed v Chesterton Global Limited (Trading as Chestertons)

Direct download: Episode_23.mp3
Category:general -- posted at: 1:30am EDT

Unfair Dismissal: The Disciplinary Process

 

In this episode of the podcast I bring you details of a recent case decided by the Employment Appeal Tribunal about unfair dismissal and the process of dismissal. The appeal in this case involved various questions, importantly including whether or not a disciplinary process should be suspended whilst a related grievance is investigated.

In this episode you will learn

  • Whether a disciplinary procedure should be suspended pending a grievance outcome
  • About the best practice for disciplinary procedures
  • Why a delay in this case between decision and appeal led to a confusion of the issues
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about dealing with disciplinary appeals and procedures, and I recommend that, where possible, you have a senior member of staff who is not involved in the investigation or early stages of the disciplinary.

Direct download: Episode_22.mp3
Category:general -- posted at: 2:45am EDT

Focus on Constructive Unfair Dismissal: Episode 21

In this episode of the podcast I bring the focus back to constructive unfair dismissal and what employer's should do if they are faced with a resignation from an employee in a situation where there is a risk of a claim for constructive unfair dismissal.

In this episode you will learn

  • What constructive unfair dismissal is and when a claim can arise
  • Whether you can refuse to accept an employee's notice
  • What you can do to prevent a claim
  • How you can mitigate the situation and reduce compensation risk
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about dealing with situations swiftly to prevent escalation to a claim and ensuring your managers are able to identify likely disputes and issues.

Direct download: Episode_21.mp3
Category:general -- posted at: 4:30am EDT

The right to be accompanied: Episode 20

An employee's right to be accompanied at a disciplinary and grievance meeting

In this episode of the podcast I tell you about a recent change to the ACAS code of practice on disciplinary and grievances which has been brought about by a decision of the employment appeal tribunal on the question of whether or not an employer can refuse to allow the employee's particular choice of companion.

In this episode you will learn

  • What the Employment Appeal Tribunal said about the legal right to be accompanied
  • What changes this made to the ACAS Code of Practice
  • What it could cost an employer who refuses to allow an employee to be accompanied
  • Who the employee can be accompanied by
  • What an employer's options are with exercising their discretion over who can accompany an employee
  • When it may be a reasonable adjustment to allow an employee to be accompanied by someone other than required by law
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about checking your employee or staff handbook to ensure any terms which are 'contractual' are clear and not likely to cause difficulty in the event that a dispute arises in the future.

Direct download: Episode_20.mp3
Category:general -- posted at: 12:39am EDT

Changes to Employment Contracts: Episode 19

Can an employer make changes to employment contracts without consent?

In this episode of the podcast I bring you a recent case dealing with changes to employment contracts as well as an overview of an employer's options if an employee refuses to agree to the changes.

In this episode you will learn

  • When changes can be made without risk of breach of contract
  • What the options are if an employee refuses changes to employment contracts
  • Why the Employment Tribunals are reluctant to give employers wide discretion to make changes
  • Why you should have a general variation clause in your employment contracts
  • When to have a specific variation clause

HR Best Practice Tip

The HR tip of the week is about a service that I can provide to you to make your life much easier.

Direct download: Episode_19.mp3
Category:general -- posted at: 2:33am EDT

Constructive Unfair Dismissal: Episode 18

 

Constructive Dismissal

In this episode of the podcast I bring you an overview of the law regarding Constructive Unfair Dismissal as set out in the Employment Rights Act 1996.

In this episode you will learn

  • What the difference is between Unfair Dismissal and Constructive Unfair Dismissal
  • Why it is important to distinguish between the two types of unfair dismissal claims
  • What the three things are that an employee will need to show to successfully claim constructive unfair dismissal
  • How the Tribunal decide these claims
  • What you should be aware of
  • I also give you some examples of real cases that have been decided by the Employment Tribunal

HR Best Practice Tip

The HR tip of the week is a simple one, essentially do not delay unnecessarily when it comes to employee issues.

Direct download: Episode_18.mp3
Category:general -- posted at: 1:30am EDT