Should whistleblowers receive rewards or awards?
Whistleblowers serve private and public interests when they raise concerns about wrongdoing but how do we recognise those who choose to come forward? Should we offer financial rewards or awards of a different nature? Policies and procedures for whistleblowing are becoming increasingly common in both the public and private sector. In the UK we tend […]
Covert recordings – admissible as evidence?
The Employment Appeal Tribunal (“EAT”) has held that secret recordings of private deliberations made in the course of grievance and disciplinary proceedings can be admissible in evidence. There has been a steady stream of EAT level decision in this area, and this case, Punjab National Bank (International) Ltd & ors v Ms S Gosain UKEAT/0003/14/SM, […]
When can I discuss things ‘without prejudice?’
Employers often want to chat with employees “off the record” so that they try and negotiate an agreed departure by persuading an employee to leave both quickly and amicably, and therefore save the need to carry out the full dismissal procedure. Often such chats are seen as a less formal route and if a deal […]
Protected beliefs and the case of the democratic socialist in the DWP
The Equality Act 2010 (the Act) prohibits direct and indirect discrimination and harassment in the workplace on the grounds of religious or philosophical belief. Prior to the Act coming into force, the Government made it clear that the Act was not intended to cover political beliefs. However, a recent Employment Tribunal decision has cast doubt […]
Introducing the CV Blind interview
The recruitment process is a crucial stage of any employment relationship. Ensuring you end up with the best person for the role depends upon having the right systems in place, from the initial job advert through to final interview. Organisations are continuously looking to innovate in this area, and whilst some tend towards abstract questions […]
Vaping in the workplace: employers go full steam ahead
Ever since the smoking ban came into force in 2007 the number of those turning to alternative means to keep their nicotine cravings calm in public spaces has been on a steady increase. However, more recently many are ditching the patches and gum in place of picking up pen-like devices known as e-cigarettes. E-cigarettes are […]
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 […]