Do employees have to be paid for ‘sleepovers’ and travelling time?

Summary: The Employment Appeal Tribunal (EAT) recently clarified the correct approach to determining what hours are to be paid at the minimum rate of the National Minimum Wage (NMW). The EAT found that a claimant who had to perform ‘sleepovers’ in the homes of care service users was entitled to the NMW for all the […]

Government-backed mediation pilots – one year in

One year in, Anna Shields, Director of Consensio, looks at how successful a Government-backed mediation scheme has been to date. In June 2012, the Government’s Department for Business, Innovation and Skills (BIS) launched and funded a pilot project to increase the use of mediation in the workplace. The long-term aim of this initiative was to […]

Understanding the changes to parental leave arriving in April 2015

Getting to grips with the new concept of shared parental leave (SPL), which is due to be introduced in April 2015, involves more than a technical understanding of the new procedure.  The social engineering behind SPL begs us to consider not only why this scheme is being introduced but also the wider cultural benefits. I […]

Are tribunals making it easier for claimants to bring claims out of time?

Historically, time limits for bringing claims in the Employment Tribunal, particularly the three-month time limit in relation to unfair dismissal claims, have been strictly enforced by Employment Judges.  However, the recent case of Norbert Dentressangle Logistics Limited v Mr Graham Hutton UKEATS/0011/13/BI casts doubt on whether this is still the case. This poses the question: […]

Companies cannot ‘unquestioningly’ accept OH if they say a worker isn’t disabled

A judgment this week from the Court of Appeal in the case of Gallop v Newport City Council held that employers cannot simply ‘unquestioningly’ accept the opinion of an occupational health practitioner that an employee is not disabled. This case reminds employers that, although at the end of the day only an Employment Tribunal can […]

The new Immigration Bill – guidance for employers

The government’s ongoing aim and intention to reduce net migration from hundreds of thousands to tens of thousands a year continues, with the announcement of the new Immigration Bill. In practice the Bill will first require Royal Assent and we are therefore unlikely to observe the impact until after Spring 2014. On 10 October 2013 […]

Are the parents on your side?

Companies keen to support parents, create a legacy that lasts and engage their workforce can sign up for our free webinar on 4th December. When HR debates parenting it has tended to be about maternity/paternity leave and flexi-working.  It’s time the debate moved on. Whereas most employers seem to behave as if parenting stops when the […]

An incomplete revolution: is a gender equal workforce a realistic prospect?

In June earlier this year the Women’s Business Council (WBC), established by the Home Office to tackle barriers to female success at work, published a report making the business case for a gender equalisation of the workforce. The WBC argued that equalising the labour force participation rates of men and women could increase economic growth […]

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 […]