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April 2016
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Syndication

Mon, 22 February 2016
Race Discrimination & Harassment Case: Episode 49
Race Discrimination & Harassment Case: Episode 49

Is an instruction to only speak English at work discrimination?

A recent discrimination case has been decided by the Employment Appeal Tribunal concerning an instruction to a Russian employee not to speak Russian at work, an interesting case for various reasons.

In this episode I will cover:

  • What the relevant legal provisions are regarding direct discrimination and harassment
  • What is required to bring a claim for direct discrimination
  • What is required for behaviour to constitute harassment
  • Reasons you should proceed with caution with regards to employees who have been employed for less than 2 years
  • Steps you can take to prevent a claim

 Action Points

Ensure that your managers and supervisors have some training and/or knowledge of the requirements of the Equality Act and that they understand that instructions they give to employees can lead to an employment tribunal claim.

Helpful Links

Kelly v Covance Laboratories Limited

UK Business Startup Podcast

 HR Harbour

 Sign up for my fortnightly newsletter (next newsletter 29th February 2016)

www.adviceforemployers.co.uk 

Direct download: Episode_49.mp3
Category:general -- posted at: 12:30am EDT
Mon, 8 February 2016
Holiday Entitlement & Pay FAQ's Answered: Episode 48
Holiday Entitlement & Pay FAQ's Answered: Episode 48

Following a surprising question from an employee client I thought that it would be helpful to dedicate an episode to answering some of the frequently asked questions abut holiday.

In this episode I will cover:

  • The background to holiday entitlement and pay in the UK
  • The Working Time Regulations requirements
  • Notice periods for taking holiday
  • Who is entitled to take holiday
  • How to calculate holiday pay
  • When you can pay in lieu of holiday
  • When holiday can be carried forward to the next year
  • Rolled up holiday pay

 Action Points

Review your contracts and policies to see if you have holiday entitlement and pay covered. Check to ensure that your part-time staff are treated the same as full time staff with holiday, and review how much you are paying employees when they are on holiday.

Helpful Links

Online Holiday Calculator

Holiday & Sickness Absence: Episode 25

Commission & Holiday Pay

How much should I pay during holidays? Episode 10

 HR Harbour

Direct download: Episode_48.mp3
Category:general -- posted at: 2:14am EDT
Mon, 25 January 2016
Tribunal Time Limits & Holiday for 2015 / 2016: Episode 47
Tribunal Time Limits & Holiday for 2015 / 2016: Episode 47

Employment Tribunal Time Limits

&

Holiday Entitlement for 2015/16 & 2016/17

In this episode of the Podcast I bring you two updates that you should be aware of.

In this episode I will cover:

  • ACAS Early Conciliation
  • Time Limits in the Employment Tribunal
  • The extension of Time Limits in the Employment Tribunal
  • Holiday entitlement under the Working Time Regulations
  • What you need to do if your holiday year runs from April to March
  • Why you may need to change the wording of your contracts regarding holiday

 Action Points

Review your contracts and handbooks with regards to your holiday entitlement and holiday year for employees. Take steps to ensure all staff have a minimum of 5.6 weeks holiday every year.

Helpful Links

ACAS Early Conciliation

HR Harbour

Direct download: Episode_47.mp3
Category:general -- posted at: 12:30am EDT
Mon, 11 January 2016
Wrongful Dismissal & Breach of Confidentiality: Episode 46
Wrongful Dismissal & Breach of Confidentiality: Episode 46

Mr M Farnan v Sunderland Association Football Club

A claim for wrongful dismissal in the High Court

In this episode of the Podcast I bring you the detail and Judgement from a claim brought by a former employee of Sunderland FC which emphasises the need to have good provisions and policies for confidentiality in your employment contracts and Handbooks.

In this episode I will cover:

  • What the facts were leading to Mr Farnan's claim
  • Why Mr Farnan alleged that Sunderland FC were in breach of contract
  • What the High Court Judge considered to be serious breaches of confidentiality
  • What the High Court Judge considered in respect of an allegation that Mr Farnan had sent an offensive Christmas Card from his work email address
  • What you need to do to ensure you are covered in the event you take action against an employee in similar circumstances
  • How to protect your  confidential information

 Action Points

Review your contracts and handbooks to ensure that you have specific clauses regarding your expectations of confidentiality. If you want to prevent employees from sending emails to their personal emails and from 'banking' confidential information then you need to include an express provision to this effect.

Helpful Links

Full case report Farnan v Sunderland Association Football Club

 HR Harbour

Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.90 per ticket

Get your ticket today as they are limited.

Direct download: Episode_46.mp3
Category:general -- posted at: 12:30am EDT
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