The Employment Law & HR Podcast

Employee Rights: Some Additional Considerations

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this third episode in the series I round off with some final information employers will need to know with regards to employees who take maternity or adoption leave.

In this episode I will cover:

  • What you need to consider and be aware of with regards to redundancy.
  • Why you must offer a suitable alternative vacancy to an employee on maternity or adoption leave first.
  • What happens to an employee's holiday entitlement when they are on maternity or adoption leave.
  • Why it is important to include details about holiday in a contract or policy.
  • The additional protection from detriment that employees have when taking maternity or adoption leave.
  • The additional protection from dismissal because of exercising or intending to exercise the right to take maternity or adoption leave.
  • Recovery of statutory maternity and adoption pay via HMRC.

Action Points

  1. Ensure you include the details of any holiday requirements for employees taking or about to take adoption or maternity leave in your contracts or holiday policy;
  2. Ensure your managers and staff understand that employees have protection from detrimental treatment because they are taking maternity or adoption leave;
  3. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

Direct download: Episode_69.mp3
Category:general -- posted at: 3:27pm EDT

Parental Rights Series: Episode 2 - Maternity & Adoption Leave & Pay

Employee Rights to Maternity Leave & Pay and Adoption Leave & Pay

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this second episode in the series I bring you details about maternity leave and maternity pay and adoption leave and adoption pay. The rights in terms of maternity and adoption are very similar.

In this episode I will cover:

  • An employer's legal obligation to reply to an employee within 28 days of receipt of the start date for their maternity or adoption leave.
  • The right of all employees to maternity leave.
  • The length of maternity leave.
  • Employee's rights during maternity leave.
  • The qualifying criteria for statutory maternity pay.
  • The right of all employees to adoption leave.
  • How adoption leave works when a couple are adopting.
  • The length of adoption leave.
  • Employee's rights during adoption leave.
  • The qualifying criteria for statutory adoption pay.
  • Communication with an employee during maternity or adoption leave.
  • Keeping in Touch (KIT) days for employees on maternity or adoption leave.

Action Points

  1. Ensure you respond within 28 days to an employee who informs you of their intention to take maternity or adoption leave;
  2. Check you understand that basic requirements for an employee who wants to take maternity or adoption leave;
  3. Check your contracts and any handbook to establish whether employees have any entitlement to enhanced pay when on maternity or adoption leave;
  4. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 

Direct download: Episode_68.mp3
Category:general -- posted at: 2:27pm EDT

Family Rights at Work: Episode 1 Pregnancy

Employers Obligations: Pregnancy Notification

In this weeks' episode I bring you the first episode in a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents.

In this episode I will cover:

  • When an employee is legally obliged to inform you they are pregnant.
  • The notification process and information an employee must provide.
  • Guidance on how to handle the situation the right way when an employee tells you they are pregnant.
  • When to carry out a Health & Safety Risk Assessment.
  • What to tell an employee who is pregnant.
  • An employees right to time off for antenatal appointments.
  • A 'Qualifying' employees right to time off to accompany a pregnant lady to an antenatal appointment
  • Additional protection & rights for pregnant employees.

Action Points

  1. Check your staff handbook or policies to ensure it includes a pregnancy and maternity leave policy;
  2. Ensure your general risk assessment includes an assessment of risk and mitigation of risks for pregnant employees generally;
  3. Ensure that your general health and safety risk assessment is up to date;
  4. Seek advice before refusing time off for antenatal appointments you can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
 

 The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:
guardian

 Getting advice from a Solicitor does not need to be expensive or painful!

Direct download: Episode_67.mp3
Category:general -- posted at: 5:24am EDT

The Employment Tribunal decision on the status of Uber drivers

In this weeks' episode I follow up from Episode 61 when I brought you the details of a claim being considered in the London Central Employment Tribunal. The Judgement has been published and the outcome is that the Uber drivers in this case have been classified as workers.

In this episode I will cover:

  • Details about the case;
  • The differences in employment status;
  • What it means for the Uber drivers to be considered as workers;
  • The rights workers have;
  • What factors the Tribunal considered relevant in this case;
  • The potential wider impact of this case and why it is not over yet.

Action Points

  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter to ensure you get an update when the case is appealed;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Useful Links

Episode 61 - Uber case

Hermes Case

Direct download: episode_66_RELA.mp3
Category:general -- posted at: 11:23am EDT

Holiday Pay & Commission the Court of Appeal Decision: Episode 65

The Latest Update on the Holiday Pay Case of Lock v British Gas

In this weeks' episode I bring you the details of the latest installment in the long running case regarding payment of commission whilst on holiday and the interpretation of the working time regulations to decide how much pay an employee should receive when on holiday.

In this episode I will cover:

  • The background to European Law which governs holiday entitlement and holiday pay;
  • What the facts of this case are;
  • The reason why the case has been going on for so long;
  • The uncertainty for employers and what you can do in the interim;
  • My suggestions on how best to calculate holiday pay for staff who receive commission payments.

Resources

Case name: British Gas v Lock - Court of Appeal. You can read the full judgement for the case here

You can listen to previous episodes on the issue of holiday pay online episode 10 and episode 48

Action Points

  1. If you pay employees commission seek advice how best to ensure you are paying the correct amount when staff are on holiday;
  2. Subscribe to the podcast and Newsletter to ensure you get the updates when the case moves to the Supreme Court;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

Direct download: Episode_65_REAL.mp3
Category:general -- posted at: 4:49am EDT

Early Conciliation Timing: Episode 64

Does the Early Conciliation process apply to claims that happen after the certificate is issued?

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group,  argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.

In this episode I will cover:

  • The background to the Early Conciliation process and requirements;
  • How Early Conciliation works;
  • The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements;
  • Why the Employment Appeal Tribunal consider that a wide view should be taken of 'matter' when considering Early Conciliation;
  • Why you should take care in submitting your defence to a claim in the Employment Tribunal.

Resources

Case name: Compass Group v Morgan - Employment Appeal Tribunal. You can read the full judgement for the case here

You can start the ACAS Early Conciliation process here

Action Points

  1. If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution;
  2. Seek advice before submitting your defence to a claim in the Employment Tribunal;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

 

 

Would you like advice about your situation?

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

Alternatively I offer face to face appointments on the Isle of Wight, in 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.

Direct download: episode_64_RELA.mp3
Category:general -- posted at: 4:35am EDT

Be pro-active & improve productivity of your staff

In this weeks' episode I bring you five tips to increase the productivity of your staff. It is not just about paying more there are other easy ways to get staff working harder for you.

In this episode I will cover:

  • Why the ultimate key to improving productivity and getting the best from your staff is happiness;
  • How the introduction of one to ones and performance reviews will help employees performance;
  • 360 degree communication on a consistent basis;
  • How investing in your staff with training is essential for your business success;
  • Why you should not be afraid to implement performance management procedures;
  • Ways to incentivise staff to go above and beyond.
  • Why you should look at the work environment and how this effects employees.

Action Points

  1. Take action and implement at least one of the tips from this episode;
  2. If you want more tips sign up here for your free copy;
  3. Let me know how it goes for you;
  4. Give me a call if you want to talk through some strategies or if you would like training or to implement change in your business 023 8098 2006 or 01983 897003

 


 Sign up for my fortnightly newsletter (next newsletter Monday 26th September 2016)

 

www.adviceforemployers.co.uk

Direct download: episode_63_Employment_Law_Podcast.mp3
Category:general -- posted at: 12:30am EDT

When is additional pay a reasonable adjustment for a disabled employee?: Episode 62

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the requirement to make a reasonable adjustment for an employee who is disabled and who took a different job role, as a reasonable adjustment, which would normally have 10% less pay. Case name G4S Cash Solutions (UK) Limited v Powell

In this episode I will cover:

  • The facts of the case and why the employee was arguing for more pay;
  • The background to the requirement to make reasonable adjustments for a disabled employee;
  • Why it is important to consider what is 'reasonable' in the particular circumstances;
  • Why full sick pay is not a reasonable adjustment;
  • Why the Employment Appeal Tribunal decided it would be reasonable for the employer in this case to continue to pay at the employees previous rate of pay;
  • Why you should take care in deciding what reasonable adjustments should be made for a disabled employee.

Resources

You can read the full judgement for the case here

You can find lots of examples of reasonable adjustments on the Equality & Human Rights Commission Website here

Action Points

  1. If you have a disabled employee or someone you suspect could be disabled you need to consider if any adjustments are needed;
  2. Seek advice if you are not sure about whether they would be a disabled person for the purposes of the Equality Act;
  3. Seek advice about specific adjustments for the circumstances;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Remember getting advice from a Solicitor need not be expensive or difficult!

Direct download: Episode_62.mp3
Category:general -- posted at: 3:08am EDT

The Employment Tribunal hears a case by Uber drivers claiming to be employees

In this weeks' episode I bring you the details of a case that has just been heard by the Central London Employment Tribunal involving Uber drivers and their claim to be employees. If they are successful it will mean they and thousands of other drivers will be entitled to a number of employment benefits. It could also have wider implications for businesses who utilise staff services in a similar way. The Employment Tribunal have not issued their judgement yet and I will report on this again when the outcome is known.

In this episode I will cover:

  • Details that are known about the case;
  • Why it is important for the Uber drivers to be employees rather than self-employed persons;
  • What factors the Tribunal will consider when deciding if someone is an employee, worker or self-employed person;
  • What the top three factors are in deciding if someone is an employee;
  • Why more businesses are starting to use 'self-employed' contracts;
  • Why you should take care when deciding what 'label' to place on your relationship with staff.

Action Points

  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter at www.adviceforemployers.co.uk to ensure you get an update when the outcome is released;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Direct download: Employment_Law_podcast_Episode_61.mp3
Category:general -- posted at: 4:00am EDT

Six tips for happier employees: Episode 60

6 simple steps to a happier & more productive workforce

In this weeks' episode I follow on from the tips and hints provided by my two previous guests Tony Brown and Steve Thomson and give you my six tips, which are super easy to implement, which will make a change to the happiness, productivity and engagement of your staff. How to get happier staff quickly!

In this episode I will cover:

  • Why you need to think about your staff;
  • Why being proactive is essential in preventing problems;
  • Why communication is vital to any organisation with people at the heart;
  • How you can make very simple and easy changes to your behaviour;
  • Some suggestions on how to get started;
  • Why it will make a difference to your business.

Action Points

  1. Take action and implement at least one of the tips from this episode;
  2. If you want more tips sign up here for your free copy;
  3. Let me know how it goes for you;
  4. Give me a call if you want to talk through some strategies or if you would like training or to implement change in your business 023 8098 2006 or 01983 897003

Would you like advice about your situation?

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

Alternatively I offer face to face appointments on the Isle of Wight, in 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.

Direct download: Employment_Law__hr_Episode_60.mp3
Category:general -- posted at: 4:30am EDT

An Interview with Tony Brown: Episode 59

Tony Brown: Employer & Author of Standard Procedure

In this weeks' episode I interview Tony Brown about taking on his first employee, his tips for putting the correct processes in place for managing employees and how to systemise your business.

About Tony

Tony L Brown, known as “The Systems Guy”, is a Business Systems Strategist, Author, Speaker and Trainer.

He is the Author of "Standard Procedure" - How to Systemise your Business, Reduce your Workload, Increase your Productivity and Become Profitable.

Tony also blogs and podcasts at TonyLBrown.com.

Tony’s goal is to help small business entrepreneurs to develop systems and processes that will help them to run their business more efficiently, giving them more free and flexible time to spend doing the things they want to do.

Tony Brown the founder and Director of Operation at Youth Work Toolbox - A Youth Engagement Agency he started in 2012.

In 2014 - after 15 years of service - Tony left his full time job within local government to run that business full time.

He has since grown it to a team of over 15 people, who service a range of clients, delivering youth work projects across the UK.

In 2015 - Tony was able to travel around Jamaica with his family for 8 weeks - while still running his business remotely.

In this episode we will cover:

  • What Tony considered when taking on his first employee;
  • How he felt when taking on his first employee;
  • How Tony implemented robust systems to ensure he got the right employees;
  • How having robust systems in place have helped to gain credibility with clients and helped when tendering for work;
  • How having regular meetings and sharing information across the organisation can help you succeed;
  • How looking after your employees will help you to get loyal and qualified employees.

Action Points

  1. Obtain a copy and read Tony's book;
  2. Consider how to puts systems and processes together for your business;
  3. Get in touch and let us know of what action you take and the outcomes;
  4. If you would like to discuss strategies for making your workforce happier give me a call and talk it through 023 8098 2006.

Useful Links

Contact Tony Brown here

You can also find out about how to work with Tony or if you would like Tony to speak at your event head over to www.tonylbrown.com/connect

Obtain your copy of here

John Maxwell - Author of several books on Leadership recommended by Tony Brown 

 

Book Synopsis

"Tony has done a brilliant job of laying out the basics, as well as taking you through the steps required to make sure you create the systems you need to catapult your business to the next level. This is the blueprint you need to grow your business in a smart, manageable way."

Chris Ducker, ChrisDucker.com - Bestselling author of ‘Virtual Freedom’

Do you feel stuck in your own business?

Are you spending more time running your business rather than doing the things YOU enjoy doing?

If you were to stop working, would your business stop running?

In Standard Procedure, Business Systems Strategist Tony Brown talks straight about why you should systemise your business and gives you a step by step process of how to do it.

Through stories, real life examples, and dozens of practical exercises, Tony gives you everything you need to create systems and processes for a successful systems-driven business. In these pages you’ll discover:

- A blueprint for creating a more systematic way of doing business
- The core principles for running your business from any location
- A step by step process to create your own powerful standard procedures
- What business functions you should systemise for maximum impact
- How to improve your standard procedures to future proof your business
If you want a business that continues to work, even when you stop. Giving you more free and flexible time to spend doing the things you enjoy, this book is for you.

 

 

 
Direct download: Episode_59.mp3
Category:general -- posted at: 4:20pm EDT

Steve Thomson: Author of The Sticking Point

In this weeks' episode I interview the author of the book The Sticking Point, an unusual book which will help you develop your managerial techniques and improve how you manage your people.

In this episode we will cover:

  • Why Steve wrote the book;
  • The comparison between physical and mental pain;
  • Why managers and business owners should read the book;
  • The effects of negative behaviour on your staff;
  • Tips for changing behaviour in your business;
  • The relevance of the book to the workplace;
  • The benefits of positive action and paying things forward.

Action Points

  1. Obtain a copy and read the book;
  2. Consider how to do something small and positive for others;
  3. Get in touch and let us know of the action you take and the outcomes;
  4. If you would like to discuss strategies for making your workforce happier give me a call and talk it through 023 8098 2006.

 Useful Links

Contact Steve Thompson

Sticking-Point

 

 

Obtain your copy of The Sticking Point here

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

 


 Sign up for my fortnightly newsletter (next newsletter Monday 4th July 2016)

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Direct download: Episode_58.mp3
Category:general -- posted at: 6:30am EDT

Taking on your first employee: Part 4  Frequently Asked Questions

In this weeks' episode it is the fourth and final part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week I will cover some of the frequently asked questions and concerns from business owners about taking on their first employee.

In this episode I will cover:

  • What to consider if you are thinking about taking someone on as 'self-employed';
  • Why you should proceed with caution before deciding to make someone 'self-employed';
  • Fixed term verses permanent contracts;
  • Why you need to think about the possibility of recruiting the right person and the terms you offer;
  • Zero hours verses guaranteed hours;
  • When you have to pay statutory sick pay;
  • If you have to give an employee maternity leave and maternity pay;
  • When you have to give an employee paid holiday.

Action Points

  1. If you are worried about any of the questions seek some advice and talk things through with someone experienced;
  2. Go back to the first episode of the mini series about planning to take on your first employee;
  3. Decide if you can actually afford an employee before you recruit;
  4. Give me a call and talk it through 023 8098 2006.

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

Direct download: Episode_57.mp3
Category:general -- posted at: 5:00am EDT

Taking on your first employee: Part 3 HMRC & Insurance

Taking on your first employee: Part 3 Registering with HMRC & Insurance

In this weeks' episode it is the third part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week paying the employee & covering your business.

In this episode I will cover:

  • When you need to register as an employer with HMRC;
  • An easy way to check the minimum requirements; 
  • When to register; 
  • What Real Time Reporting is; 
  • How to submit your monthly reports to HMRC; 
  • What software is available to assist with this; 
  • What the minimum insurance requirements are;
  • What the penalties are for failing to have the correct insurance. 

Action Points

  1. Ensure that you check if you need to register as an employer;
  2. If you need to register, do so before you make the first payment to your employees; 
  3. Obtain employers liability insurance from an authorised insurer.

Helpful Information & Links

Check if you need to register here: www.gov.uk 

 

 

Please vote for the podcast in the New Media Europe Podcast Awards 2016

Click below and scroll down under the Best UK Podcast Award and vote for the Employment Law & HR Podcast

http://newmediaeurope.com/2016/nmeu-awards-2016-stage-1/

Direct download: Episode_56.mp3
Category:general -- posted at: 1:00am EDT

Taking on your first employee: Part 2 Contract Terms

Taking on your first employee: Part 2 Contracts

In this weeks' episode it is the second part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week, the key things to consider when putting together your employee contracts.

In this episode I will cover:

  • Where to find the minimum legal terms required;
  • What you need to consider when preparing your contract terms;
  • Considerations regarding the length of the contract, will it be open ended or fixed term;
  • Whether you should include a probation period;
  • What notice periods you may want to include;
  • Rules regarding holiday and what is important for you regarding holiday requirements;
  • Sick procedures and pay;
  • Maternity, paternity and parental leave provisions.

Action Points

  1. Ensure that you set out the key legal requirements in the contract;
  2. Make sure the contract you use works for your business;
  3. Get a professional contract template prepared for your business. Contact us for a fixed fee quote alison@realemploymentlawadvice.co.uk .

Helpful Information & Links

Section 1 of the Employment Rights Act 1996

 

Please vote for the podcast in the New Media Europe Podcast Awards 2016

Click below and scroll down under the Best UK Podcast Award and vote for the Employment Law & HR Podcast

http://newmediaeurope.com/2016/nmeu-awards-2016-stage-1/

 

Need Software for recording your HR information? Check out the  HR Harbourfor more information

 


 Sign up for my fortnightly newsletter (next newsletter Monday 23rd May 2016)

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* indicates required 

Please do not worry I will not send you spam!

Direct download: Employment_law_and_hr_podcast_Episode_55.mp3
Category:general -- posted at: 12:30am EDT

Taking on your first employee Part 1: Planning - Episode 54

Taking on your first employee: Part 1Planning

In this weeks' episode I bring you the first episode in a miniseries focusing on taking on your first employee and theconsiderations which apply with taking on any new employee.

In this episode I willcover:

  • Planning and why you should focus on what you want the employeeto achieve, the outcomes before your recruit;
  • Why you should think carefully about all of the costs includingthe hidden costs of taking on an employee;
  • The importance of budgeting correctly when considering salaryand hours;
  • How you can find the right person;
  • How are you going to decide who is the right person for thejob;
  • What references and pre-employment checks you are going tomake;
  • Why an offer letter is important and what to include.

ActionPoints

  1. Brainstorm and plan what youwant before advertising;
  2. Look at your budget;
  3. Ensure that those who are dealing with recruitment have atleast some basic training on the Equality Act;
  4. Outsource all or some of the process. Contact us for a fixedfee quote alison@realemploymentlawadvice.co.uk .

Helpful Information &Links

The Equality Act 2010

 

Direct download: Episode_54.mp3
Category:general -- posted at: 12:30am EDT

Disability Discrimination & a Premier League Football Club: Episode 53

In this weeks' episode I bring you a recent case about a premier league footballer who has successfully pursued a claim for disability discrimination against his former employer, Newcastle FC.

In this episode I will cover:

  • The facts of the case;
  • Why the case is interesting & rare in the Employment Tribunal;
  • What an employers obligations are to an employee who is diagnosed with cancer;
  • Different types of disability discrimination;
  • Why you need to seek specialist advice before taking any action regarding a disabled employee.

Action Points

  1. Ensure that your managers and supervisors have at least some basic training on the Equality Act;
  2. Check that you have an Equality and Diversity policy in your staff handbook ;
  3. Get advice about any tricky issues that may arise alison@realemploymentlawadvice.co.uk .

Helpful Information & Links

The Equality Act 2010

 

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

Direct download: Episode_53.mp3
Category:general -- posted at: 12:30am EDT

When can you restrict an employee from working for a competitor?  Episode 52

In this weeks' episode I bring you a recent case which reiterates the importance of getting your restrictive covenants right from the outset and on regularly reviewing the terms to make sure they are relevant. It is better to be proactive than leave it too late.

In this episode I will cover:

  • The facts of the case;
  • Why the employer was seeking an injunction against a leaving employee;
  • What the arguments were for an against the restrictive covenants;
  • What the Judge decided;
  • Why you need to seek specialist advice about your contracts.

Action Points

  1. Check if you have any restrictive covenants in employee contracts;
  2. Check what your contracts say about confidential information;
  3. Get a free review of your current restrictive covenants by emailing alison@realemploymentlawadvice.co.uk .

Don't forget National Living Wage - 25 and over = £7.20

Helpful Information & Links

 

Bartholomews Agri Food Limited v Thornton - High Court 2016

Recent article about Restrictive Covenants

Need Software for recording your HR information? Check out the  HR Harbour for more information

 

Direct download: Episode_52.mp3
Category:general -- posted at: 12:30am EDT

Focus on the National Minimum Wage & National Living Wage: Episode 51

What are my obligations as an employer and how can I work out if I am paying the National Living Wage?

In this weeks' episode I bring you a focus on the National Minimum Wage and Living Wage and what you should be considering carefully with regards to your employees.

In this episode I will cover:

  • The background to the National Minimum Wage
  • What the current National Minimum Wage is
  • What the National Living Wage will be from the 1st April and whom it will apply to
  • How to calculate if you are paying the correct amount
  • What to do if you are not paying enough to meet the National Living Wage
  • Your requirements for record keeping and reporting
  • The consequences if you fail to pay the National Living and National Minimum Wage
Year  21 and over    18 to 20     Under 18    Apprentice (subject to conditions)
2015 (current rate)   £6.70 £5.30 £3.87 £3.30

National Living Wage - 25 and over = £7.20

Action Points

  1. Calculate what you are currently paying your employees and check this against the National Minimum Wage & National Living Wage
  2. Check how you are recording your employee hours and rates of pay
  3. Make adjustments to ensure you are complying with the National Minimum Wage requirements

Helpful Information & Links

Time Workers: 

Time workers are those who are paid hourly and their hours include time when working, on standby or on call, travelling for work, training etc.

You take their pay for the reference period, i.e. one month and divide by the hours worked.

If their pay includes commission then you include the commission earned in the reference period (even though it may not actually be paid until the following month).

Salaried Workers:

These are workers who are paid a salary which is normally the same amount each month regardless of work undertaken.

For salaried workers you take the amount of hours worked over the year and divide by 12 and this will give you the hours for the pay reference period.

If you are unsure about how to calculate for your staff then please do not hesitate to get in touch and I would be very happy to assist you - alison@realemploymenlawadvice.co.uk

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

 

List of Employers named for failing to pay the National Minimum Wage:

The 92 employers named on the 5th February 2016 are:
1. TSS (Total Security Services) Limited, London E4, failed to pay £1,742,655.56 to 2,519 employees.
2. Abbey House (Cumbria) Ltd, trading as Abbey House Hotel, Barrow-in-Furness, failed to pay £13,468.47 to 13 employees.
3. Richard Lewis Communications plc, Southampton, failed to pay, £8,751.99, to 3 employees.
4. Kiddy Academy Hunts Cross Ltd, Liverpool, failed to pay £8,297.50 to 2 employees.
5. Oldham Premier Plumbing Supplies Ltd, Oldham, failed to pay £6,270.28 to 1 employee.
6. Matt Jenkins, trading as Matt Jenkins Dressage, Chipping Norton, failed to pay £6,184.32 to 1 employee.
7. Claire Reasons & Vanessa Nimmo-Cameron, trading as Merritime Nursery, Gosport, failed to pay £5,344.48 to 1 employee.
8. JG’s Hair & Beauty Ltd, Northallerton, failed to pay £3,427.21 to 3 employees.
9. Seed Event Solutions Ltd, London EC2, failed to pay £3,407.32 to 1 employee.
10. VP Concessions Ltd, trading as Treadstone, Leicester, failed to pay £3,111.06 to 2 employees.
11. Saxons PS Ltd, Burnham-on-Sea, failed to pay £3,045.66 to 1 employee.
12. Ocean Dental Ltd, trading as Ocean Dental Implant & Aesthetic Clinic, Manchester, failed to pay £2,819.01 to 2 employees.
13. Louisa Horner, trading as The Beauty Specialist, Keighley, failed to pay £2,807.13 to 2 employees.
14. Woodside Nursery Ltd, trading as Woodside Nursery School, Waterlooville, failed to pay £2,799.03 to 1 employee.
15. Petersfield Joinery Ltd, Petersfield, failed to pay £2,720.89 to 1 employee.
16. Helping Hands Day Nursery Ltd, Tilbury, failed to pay £2,629.58 to 1 employee.
17. Care One 2 One Ltd, Caerphilly, failed to pay £2,441.00 to 1 employee.
18. Quattro Recruitment Ltd, Norwich, failed to pay £2,239.00 to 431 employees.
19. Umberto Giannini Hair Cosmetics Ltd, Birmingham, failed to pay £2,172.53 to 2 employees.
20. Bayliss Commercial Builders Ltd, Tamworth, failed to pay £2,086.30 to 1 employee.
21. Connells Residential, trading as Connells Estate Agents, Leighton Buzzard, failed to pay £2,049.14 to 1 employee.
22. Holly Tree Maintenance Ltd, Bacup, failed to pay £1,839.63 to 1 employee.
23. Floorbrite Cleaning Contractors Ltd, Manchester, failed to pay £1,703.26 to 248 employees.
24. Childcare Directory Ltd, trading as Whiz Kids Day Nursery, Peterborough, failed to pay £1,698.02 to 1 employee.
25. Hard Hat Logistics Ltd, Liverpool, failed to pay £1,695.15 to 1 employee.
26. Elaine Harvie & S J Kirkbride trading as Shades, Stevenage, failed to pay £1,527.40 to 1 employee.
27. Grove Reed Joinery Ltd, Bishop Auckland, failed to pay £1,514.20 to 1 employee.
28. Centra Link Ltd, Calne, failed to pay £1,483.14 to 1 employee.
29. Hayes Freight Ltd, Walsall, failed to pay £1,465.46 to 1 employee.
30. Stage London Ltd, trading as Stage Hair & Beauty Salon, London SW6, failed to pay £1,433.26 to 2 employees.
31. Poplars Equestrian Ltd, Bridgwater, failed to pay £1,372.93 to 1 employee.
32. Hearns Coaches Ltd, Harrow, failed to pay £1,347.50 to 1 employee.
33. E & C Joinery Ltd, Doncaster, failed to pay £1,283.33 to 1 employee.
34. A & G Garages Ltd, Manchester M11, failed to pay £1,197.39 to 2 employees.
35. Park Resorts Ltd, trading as Brynowen Holiday Park, Dyfed, failed to pay £1,184.78 to 2 employees.
36. Spinnaker Ltd, trading as Heaven Sent, Rhyl, failed to pay £1,165.70 to 1 employee.
37. Century24 Limited, London E10, failed to pay £945.11 to 1 employee.
38. Fulford News Ltd, trading as K P News & Fulford Road Post Office, Bristol, failed to pay £913.14 to 1 employee.
39. Compass Services (UK) Ltd, Swanley, failed to pay £859.20 to 1 employee.
40. Golden Financial Solutions Ltd, Bradford, failed to pay £852.15 to 6 employees.
41. Dee Set Confectionery Ltd, Stoke-on-Trent, failed to pay £838.95 to 1 employee.
42. Sara Buchanan, trading as Guys and Dolls, Holywell, failed to pay £781.28 to 1 employee.
43. Oltec Group Holding Ltd, Wigan, failed to pay £774.04 to 4 employees.
44. Priory Park Hair Salon Ltd, Stoke-on-Trent, failed to pay £766.93 to 1 employee.
45. Christopher J Sargeant Ltd, Camberley, failed to pay £729.34 to 2 employees.
46. USUK Ltd, trading as Urban Style, Peterlee, failed to pay £712.05 to 4 employees.
47. Ipsum Contracts Ltd, Worcester, failed to pay £689.00 to 1 employee.
48. Parkem Chemists Ltd, Leicester, failed to pay £687.89 to 4 employees.
49. Ultra Furniture Ltd, Kingswinford, failed to pay £599.39 to 5 employees.
50. Into The Blue (SW) Ltd, trading as Into The Blue, Barnstaple, failed to pay £589.96 to 1 employees.
51. Cormorant Survey (UK) Ltd, Doncaster, failed to pay £585.00 to 1 employee.
52. Earthgrass Ltd, trading as Khushi’s, Edinburgh, failed to pay £564.00 to 1 employee.
53. Hurnfield Hargate Ltd, trading as The Farm Café, Spalding, failed to pay £558.99 to 1 employee.
54. Carefree Communications Ltd, Rochester, failed to pay £556.61 to 1 employee.
55. The Ship Inn (Pub & Kitchen) Ltd (previous tenant), Chester, failed to pay £529.80 to 1 employee.
56. Charlie Miller Hairdressing Ltd, trading as Charlie Miller, Edinburgh EH3, failed to pay £529.68 to 1 employee.
57. Premier Posting Services Ltd, Birmingham, failed to pay £504.80 to 1 employee.
58. New Homeworld Ltd, Glasgow, failed to pay £468.00 to 1 employee.
59. Loungers Ltd, trading as Bonzo Lounge, Bristol, failed to pay £459.88 to 1 employee.
60. Zucca Bistro Ltd, East Kilbride, failed to pay £454.74 to 1 employee.
61. Linell Precision Engineering Ltd, Johnstone, failed to pay £425.67 to 1 employee.
62. Clear the Red Ltd, Manchester, failed to pay £408.33 to 2 employees.
63. Tates Travel Ltd, Barnsley, failed to pay £384.94 to 1 employee.
64. Jadruti Parekh, trading as Park Farm Centre Post Office, Allestree, failed to pay £383.98 to 1 employee.
65. The Fresh Food Company (2007) Ltd, Glasgow, failed to pay £361.79 to 1 employee.
66. Crispy Crust Ltd, trading as Pizza Hut, Edinburgh EH12, failed to pay £309.02 to 13 employees.
67. Harknss Ltd, trading as Delight Coffee House, Gloucester, failed to pay £299.00 to 1 employee.
68. Free Spirit Automotive Ltd, Leighton Buzzard, failed to pay £288.69 to 1 employee.
69. Nattrav Ltd, Bishop Auckland, failed to pay £287.93 to 1 employee.
70. Sentricare East Mids Ltd, Derby, failed to pay £265.03 to 1 employee.
71. Mini Max Tyres Ltd, Stockport, failed to pay £256.56 to 1 employee.
72. Andrea of Wembley (Watford) Ltd, Watford, failed to pay £245.38 to 3 employees.
73. Peter Limb, trading as The Interior Design Bureau, Mansfield failed to pay £215.75 to 1 employee.
74. Goldex Investments (Surrey) Ltd, trading as Costa Coffee, Oxted, failed to pay £212.88 to 1 employee.
75. Thackerays Restaurants Ltd, trading as Thackeray’s, Tunbridge Wells, failed to pay £211.70 to 1 employee.
76. Mark Andrew Development (MAD) Ltd, trading as The Fitzgerald, Manchester, failed to pay £197.01 to 1 employee.
77. Broch Tandoori Ltd, trading as Broch Tandoori, Fraserburgh, failed to pay £193.46 to 5 employees.
78. Lorraine’s Care Home Ltd, trading as Lorraine’s Care Home, Swadlincote, failed to pay £183.35 to 1 employee.
79. P&S Foods Ltd, trading as Sam’s Chicken, London NW5, failed to pay £182.00 to 2 employees.
80. Social Health Care Ltd trading as Caremark Luton & Beds, Luton, failed to pay £176.11 to 1 employee.
81. Hair Heroes Ltd, Inverness, failed to pay £173.63 to 1 employee.
82. Autovets Sussex Ltd, Brighton, failed to pay £161.81 to 1 employee.
83. Paul Mason, trading as Bassett Tea Rooms, Southampton, failed to pay £159.26 to 1 employee.
84. Paul Blaney & Elaine Blaney, trading as Craftsman Cleaners, Belfast, failed to pay £149.81 to 2 employees.
85. Emin Markets Ltd, Sheffield, failed to pay £148.77 to 1 employee.
86. The Welbeck Bakehouse Ltd, Worksop, failed to pay £133.40 to 1 employee.
87. Derek Jones, trading as Re’Lec, Northampton, failed to pay £129.36 to 1 employee.
88. Sunamgonj Spice Ltd, trading as Cinnamon Spice, Sheffield, failed to pay £123.85 to 1 employee.
89. DMR Electrical (Norfolk & Suffolk) Ltd, Halesworth, failed to pay £117.68 to 1 employee.
90. Organic Warehouse (Chelsea) Ltd, trading as Here, London SW3, failed to pay £117.50 to 1 employee.
91. Elizabeth House Ltd, Kirkcaldy, failed to pay £117.00 to 1 employee.
92. Illingworth Moor Retail Ltd, trading as Subway, Peterlee, failed to pay £102.96 to 2 employees.

Direct download: Episode_51.mp3
Category:general -- posted at: 2:51am EDT

When is an employer liable for the actions of an employee?

In this weeks' episode I bring you a case regarding vicarious liability, where an employer is liable for the actions or omissions of an employee which causes harm to another. The case is a rather interesting one on the facts; Mohamud v WM Morrison.

In this episode I will cover:

  • The background to vicarious liability
  • The history of how the law has developed
  • Details of previous cases
  • The facts of this case
  • What you can do to try to mitigate the risks for your business

Action Points

  1. Ensure that you carry out good due diligence and pre-employment checks on new recruits.
  2. Deal with any issues of inappropriate conduct immediately.
  3. Ensure you have risk assessments and procedures in place.

Helpful Links

Mohamud v WM Morrison [2016]

Lister v Hesley Hall Limited  [2001] 

Rose v Plenty [1976]

Boson v Sandford [1691]

Direct download: Episode_50.mp3
Category:general -- posted at: 12:30am EDT

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


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Direct download: Episode_49.mp3
Category:general -- posted at: 12:30am EDT

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

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

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

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

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