Legislation update: Determining employment status
Employment status—whether someone is an employee, worker, or self-employed—determines statutory rights including minimum wage and holiday pay. The Autoclenz case illustrates how courts assess status by examining actual working conditions alongside contract terms, rather than accepting contractual labels at face value.
Show some emotion
While positive emotions at work are encouraged, excessive emotional engagement can harm employees through burnout and depression. As organizations increasingly demand emotional labor from staff—particularly in caring professions—managers must implement careful systems to protect employee wellbeing.
Ask the expert: Soliciting staff to complain
An employee soliciting complaints against a manager raises legal concerns requiring careful investigation. Employers should investigate any grievances received regardless of their origin, as complaints made solely at another employee’s request may lack merit. If complaints prove malicious or unfounded, the soliciting employee could face disciplinary action for breaching trust and confidence.
Acas smashes targets despite rising ET claims
Acas exceeded its performance targets despite a 24.9% rise in employment tribunal claims, successfully resolving 75% of potential cases through conciliation. The service also beat targets for improving workplace relations and user satisfaction with guidance.
‘Punch-up’ case highlights perils of vicarious liability
The Gravil v Carroll case demonstrates how courts broadly interpret employer vicarious liability, holding a rugby club responsible when a player assaulted an opponent during a match. Employers face significant liability risks for employee misconduct closely connected to employment, making robust policies and training essential to mitigate exposure.
Sacked workers last 52 days before seeing red
Most British workers have only 52 days of savings if they lose their job, according to new research. The gap between wage rises and inflation has hit a 20-year high, with women, divorcees, and those aged 35-44 most vulnerable to financial hardship.
Degrees of tolerance: Stamping out summer sickies
Summer weather and sporting events tempt employees to take questionable sick days, costing British businesses significantly in lost productivity. Employment law experts explain that creating a specific anti-fraud policy is impractical, as employers cannot legally prove absence is false without concrete evidence like finding employees working elsewhere.
Evaluating recruitment costs like a recruitment outsourcer
When evaluating recruitment outsourcing, HR professionals must look beyond direct cost-per-hire metrics to assess true staffing expenses. A comprehensive evaluation should account for indirect costs, variations in hiring complexity, and all recruitment-related expenses to accurately determine whether RPO solutions offer real value.
Do you know where your knowledge is?
Most UK firms lack effective knowledge management practices, with only 18% having identified where business-critical knowledge resides. The Adecco Institute survey reveals that British companies trail European averages in tracking expertise and assessing risks when key employees depart.
HR tip: Demands for contractual statements
Employees are legally entitled to a written statement of employment particulars regardless of when they were hired. Employers should provide this document upon request, as it clarifies key contract details and can help resolve any employment-related discrepancies.
Redundancy foul ups land bosses in the dock
Employers handling redundancies incorrectly are facing costly tribunal claims and litigation expenses instead of achieving cost savings. A 42% rise in employment tribunal claims highlights growing problems as companies fail to follow proper dismissal procedures.
Passport strike begins
Passport Service workers began a three-day strike over office closures, pay below inflation, and working conditions. The PCS union opposes plans to reduce UK passport offices from seven to three, with over 100 jobs at risk in Glasgow alone.
HR fails to trust line on absence
New research shows nearly half of HR professionals don’t trust line managers to accurately report absence data, despite managers increasingly handling these responsibilities. The study reveals that 80% of respondents believe managers would improve accuracy with better access to real-time absence impact information on their departments.
Welfare reform is ‘a mistake’
The Trades Union Congress criticizes government welfare reform proposals requiring unemployed people to perform community work for benefits, calling them poorly timed as economic slowdown threatens to increase joblessness. The TUC argues people need job skills and paid work, not unpaid schemes that prevent job searching.
Diversity means business
A diverse workforce enhances business performance by bringing varied skills, perspectives, and market insights. While diversity and equality are complex issues requiring clear organizational expectations, companies that embrace workforce diversity gain competitive advantages in attracting customers, suppliers, and talent across different communities.
Don’t lose face over Facebook snooping
Employers increasingly monitor social media to catch misconduct, but must tread carefully to avoid unfair dismissal claims. Legal experts advise that while monitoring is permitted, dismissals based on social networking activity require proper investigation and proportionate responses to genuinely damaging conduct.
Do staff only treasure cash rewards?
Non-cash rewards prove more effective than cash for employee motivation, as cash becomes part of expected compensation and lacks memorable impact. Strategic recognition programs offering personalized, non-cash options tied to company values generate broader engagement across global, multi-generational workforces.
Ask the expert: Refusing paternity leave
Employers cannot refuse or postpone paternity leave based on operational needs, even if it leaves a department unmanned. Under UK law, paternity leave is an employee entitlement, and the only alternative is requesting other staff to reschedule their holidays.
Caption competition: And the winner is…
David Cook wins our caption competition with his witty entry about a grassroots business gone literal. He’ll receive a choice of premium wine, while runners-up submissions also impressed our judges with their humor and creativity.
Examine the Examiner
Ken Boston, chief executive of the Qualifications and Curriculum Authority, faces scrutiny over his £328,000 annual salary plus perks including a £1 million Chelsea flat, as a SATS marking crisis forces half a million children to potentially retake tests.
