Sat, 17 October 2015
The second instalment of a 6 part mini series focusing on Unfair DismissalIn 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:
Action PointsCheck 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 |
Fri, 9 October 2015
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:
Action PointsWhenever 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 LinksIntroduction to Constructive Unfair Dismissal: Episode 18 |
Fri, 2 October 2015
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:
HR Best Practice TipThe 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 LinksThompson v London Central Bus Company Ltd - Employment Appeal Tribunal
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Fri, 18 September 2015
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:
HR Best Practice TipThe 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 |
Fri, 11 September 2015
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:
HR Best Practice TipThe 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 LinksRamphal v Department for Transport
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Fri, 4 September 2015
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:
HR Best Practice TipThe 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 ConferenceNew 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) |
Fri, 28 August 2015
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 NicoleNicole 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
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Fri, 21 August 2015
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:
Legal Rights that cannot be settledThere are various legal rights which an employee cannot waive under a settlement agreement and these include:
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 TipThe 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 AwardsI 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) |
Fri, 7 August 2015
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:
HR Best Practice TipThe 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 AwardsI 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) |
Fri, 24 July 2015
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
HR Best Practice TipThe 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 referencesTo 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 |
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