Mediating away from a tribunal and avoiding the worst-case scenario
Following recent regulatory change which has seen the introduction of claimant fees now payable for cases being taken to tribunal, an assumption might be made that the number of claims ending in a formal hearing will reduce as a result. However, the reality may be more complex than simple financial decisions. Involvement in a formal […]
Industrial relations lessons following the Ineos dispute
Many employers have good working relationships with their recognised trade unions, but for others a union presence is a source of conflict and frustration which can all too easily tip into outright dispute. In an ideal world employers would be able to maintain harmonious industrial relations through effective collective bargaining. However, where this fails, the […]
When is a settlement agreement the right choice?
Dismissing an employee is rarely a straightforward or ideal situation. But occasionally, an employer-employee relationship breaks down to such an extent that it is impossible for employment to continue. In these instances, a settlement agreement is a way to constructively end the employment, adding structure and certainty to the process. A settlement agreement allows both […]
Managing an Employment Tribunal claim from an Employer’s perspective
Any Employer can be the subject of an employment tribunal claim, even those that are well managed, have the best Human Resources and legal support services, and who adopt best policies, practices and procedures. Many Employers can recall various horror stories where they have received without any sense of expectation an Employment Tribunal claim in […]
Employment law timeline and changes 2013 and 2014
In the past couple of years we have witnessed a sea-change in UK employment law, for example the increase in the qualifying period of continuous employment to claim unfair dismissal to two years, the introduction of fees for the first time in the employment tribunal and the new concept of settlement agreements which have replaced […]
Summary of National Minimum Wage changes from October 1st
Thanks to Hollie Ryan, Associate at Charles Russell LLP, for preparing this summary. The new 2013/14 rates are as follows: Standard rate – £6.31 per hour (a 12p increase from £6.19, an increase of 1.9%) 18 – 20 year olds – £5.03 per hour (a 5p increase from £4.98) Under 18s – £3.72 per hour (a 4p increase […]
Who am I? Types of employment status
This is not simply a philosophical question. A new third type of employment status, namely that of ‘employee shareholder’, was introduced into the UK on 1st September 2013 in addition to employee and worker status respectively. The correct identification of an individual’s status has never been more important given its implications both for their personal […]
Interview: Patrick Quinlan, CEO of compliance and ethics firm Convercent
1. How is the role of compliance professionals shifting? For years, compliance has centered around addressing the bad in an organization, like fraud, bribery and general employee “rule-breaking,” and addressing it only after the matter. Inevitably, this turned compliance professionals into the “bad news guys” and tasked them with enforcing regulations that keep employees within their […]
A legal guide to custom and practice for HR
Many practitioners will have heard the phrase ‘custom and practice’ bandied around from time to time during the course of their career. The difficulty however is understanding what is actually meant by the term ‘custom and practice’ and more importantly how to establish one. Hopefully this article will help the reader to understand what is […]
CPS spent £1.1m on two golden goodbyes
The Crown Prosecution Service (CPS) awarded severance pay of £1.1m to two ex-employees, it was revealed recently. This disclosure, made by investigative website Exaro, will add fuel to the fire of large taxpayer-funded packages being given to departing executives. Earlier this month the BBC's HR Director, Lucy Adams, was criticised for her role in paying […]
Off-the-record discussions – useful or useless?
The Government recently introduced section 111A of the Employment Rights Act in order to help companies deal with problem employees by ‘protecting’ some conversations from being used in litigation – effectively allowing the two parties to reach a compromise without it coming back to bite them. Are these ‘off-the-record’ discussions a useful tool for employers? […]
A ban on zero hours contracts? Not quite.
There has been much debate recently surrounding the controversial issue of zero hours contracts. Last month it was reported that their use had been grossly under-estimated, and it is now believed that around one million workers work under such contracts. Unite union claims that the number of workers is in fact much higher, at around […]
An analysis of the latest TUPE amendments
TUPE has been a thorn in the side of businesses and lawyers for over 30 years, and there has been on going consultation by the Government in relation to the current TUPE regulations, almost since their implementation in 2006. This is despite the fact that they were implemented with the intention of remedying some of […]
Holiday pay suddenly becomes more expensive for employers
Holidays used to be simple for employers – you waved goodbye to your staff for two weeks in August and one at Christmas. No longer. In recent years, a series of cases in the Employment Tribunals and the European courts have made holiday pay increasingly complex and expensive for employers. The recent Employment Tribunal decision […]
Universities twice as likely as other employers to use zero-hours contracts
Universities and colleges are more than twice as likely to use zero-hour contracts than other employers, according to freedom of information requests. Over half of the 145 UK universities and two-thirds of the 275 further education colleges that responded to the requests said they made use of the contracts. The information was collated by the […]
People on zero hours contracts are ‘paid less than others’
Workers on zero hours contracts are paid six pounds an hour less than other workers (£9 compared to £15), according to research from living standards charity The Resolution Foundation. Those employed on zero hours contracts are expected to be available when the employer needs them (legally they can turn down shifts), although no working hours […]
Toal v GB Oil – EAT rules employers cannot interfere with choice of companion at hearings
A recent EAT decision has now effectively determined that a paragraph of the Acas Code of Practice on Disciplinary and Grievance procedures is wrong. As a result managers have very little scope to interfere with an employee or worker's choice of companion at disciplinary or grievance hearings (since the right applies to the broader category […]
Zero hours contracts – where are we now?
There is no statutory or other official definition of a zero-hours contract. Frequently it is a term applied to casual or bank workers who may be called on when needed and where there is no obligation to provide or accept work. Such workers are entitled to national minimum wage for hours worked, and the appropriate […]
Making the case for ‘disabled-confident’ businesses
In July the Government launched a two year campaign to identify and tackle the challenges facing disabled workers across the UK by making businesses more 'disabled-confident'. But in order to bring this campaign to life, there is a huge job to be done in educating businesses about the benefits in creating more inclusive workforces. There […]
Why did the Knicker Queen give up her throne…?
This article was written by Sofia Syed, employment solicitor at Mundays LLP. The UK’s so-called knicker queen Janie Schaffer has been in the news this week for taking legal action against her former employer Marks & Spencer for over £1 million in compensation after quitting her job after just three months. Janie, who launched lingerie chain Knickerbox, […]
