Legal advice: the need for collective consultation when making redundancies
This article was written by Christopher Graham, Head of Employment at Watson Burton LLP. Background Woolworths may have disappeared from the high street but in a surprising development, the Employment Appeal Tribunal (EAT) has held that the duty to consult with a Trade Union of Employee Representatives applies whenever an employer is proposing more than 20 redundancies, […]
Invisible glass ceiling – the hidden side of gender discrimination
This article was written by Tara Daynes, director of HR consultancy Tara Daynes HR. “She’ll never be a senior manager, because she’ll always put her children before the business.” These words said to me once about a very competent, long-serving middle manager who was also a single mum, but incredibly, they were spoken by a […]
News: Pay gap influenced by low applications, says research
Women are underrepresented in high-paying jobs because they don’t apply for them, according to new research. Workplace discrimination at the point of hiring is a factor but many women choose not to apply for higher-paying positions because of ‘preconceived notions’ of job roles. This research came from Professor Roxana Barbulescu of the Desautels Faculty of […]
News: business perceptions of employment law differ from reality
Business perceptions of the impact of employment law are at odds with the reality, according to a new government-commissioned study published by Employment Relations Minister Jo Swinson. The study, Employer Perceptions and Impact of Employment Regulation, said that businesses viewing employment law as “burdensome” were often expressing a lack of understanding. In the case of […]
Legal commentary: what extension of parental leave means for HR
HR professionals will be more than familiar with the complex array of legal rights enjoyed by working parents – dealing with maternity leave and flexible working requests can consume huge amounts of time. However, parental leave tends to be something of an afterthought – take –up rates are low and employee awareness of the right […]
TUPE reform: Building bridges or creating hurdles?
As part of its “Red Tape Challenge”, in September 2012, the Coalition Government published the response to their call for views on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). At first glance, the response was distinctly unimpressive. It identified concerns expressed by employers and business groups, before stating that there were […]
Ask the Expert: what is harassment and victimisation based on religious belief?
Question: “Can anyone tell me what’s happened to the f***ing Pope?” is shouted twice across a busy newspaper editorial office by an undoubtedly stressed editor trying to hurry a story up about the Pope, at the time of his 2010 visit to the UK. The story, in the vernacular of the paper, is referred to as […]
Acas seeks views on flexible working for Code of Practice
Acas is seeking input from employers and workers for its draft Code of Practice on the new extended rights for flexible working. The Government announced changes to flexible working rules in November 2012. A key change is that the requirement to be a parent or carer to apply for flexible working will no […]
Legal Commentary: contract termination – it’s not cricket! (part 2)
In part one of this two part article, Andrew Yule, Assistant Solicitor at Withers LLP looked at the background to and lessons learned from the Supreme Court’s decision in Société Générale, London Branch v Geys. In this concluding part, he offers some practical advice on ways to avoid such situations arising. Let’s say your employer has told you […]
Legal Commentary: contract termination – it’s not cricket! (part 1)
The rules of cricket are notoriously complex. As a child, I had a humorous tea-towel – "The Rules of Cricket Explained to a Foreigner" – which included the following line: "Each man that’s in the side that’s in goes out, and when he’s out he comes in and the next man goes in until he’s […]
How to steer clear of office conflicts
As children, most of us would have been encouraged to ‘play well with others,’ but in later life, this advice doesn’t always govern behaviour in the workplace. It’s just a fact of business life that misunderstandings occur and personalities can clash. Even if you’re more of a peacemaker than a trouble-maker, you could find yourself […]
Ask the expert: Adjusting an offer letter to reflect a change in Ts & Cs
Question One of the members of staff that I manage is currently on a three day a week permanent contract (in the form of an offer letter). We have found the resources to increase this by an extra two days a week, but only for a time limited period (one year) and related to […]
Best practice: Staying mum at Merrill Lynch
Bank of America Merrill Lynch is spearheading an innovative campaign to help stay-at-home mothers and carers get back into the workplace. The ‘Returning Talent’ programme offers practical advice to people hoping to re-enter the workplace after three or more years caring for their family. It is aiming to attract middle to senior-ranking professionals from […]
Blog: Valentine’s Day and workplace romance
Once again Valentine’s Day is upon us, a day for sweethearts to declare their love for one another and to mark the occasion with a card, flowers and perhaps a meal. A situation that should be applauded you may say, however, it depends on the circumstances of the relationship. When a relationship has been […]
Ask the Expert: can you refuse to interview an unsatisfactory former worker?
Question: Can you refuse to interview an unsatisfactory former worker? What is the legal position if a former employee who had a poor performance/attendance record but left of their own accord rather than having formal action taken against them, applies to work for your company again? I can’t seem to find any guidance relating […]
The Children and Families Bill – 21st century working or HR headache?
Last week the government announced plans for more flexible working arrangements for employee, including shared parental leave, as part of the Children and Families Bill. The government says it wants to “remove the cultural expectation that flexible working only has benefits for parents and carers, allowing individuals to manage their work alongside other commitments”. […]
Blog: how to avoid discrimination in recruiting
It has recently been reported that an African born man is taking Virgin airlines to an employment tribunal for racial discrimination. He alleges that he submitted his detailed CV to Virgin that contained his African name and did not get through the first stage of the recruitment process. However when he then resubmitted […]
Legal: no mass sackings, but check your equality policies in the wake of gay marriage vote
With the gay marriage bill safely voted through the Commons with a massive majority, legal experts have dismissed the HR-centric scaremongering by opponents, but advise a re-examination of existing equality policies. MPs voted in favour of the Marriage (Same Sex Couples) Bill by 400 to 175, a majority of 225. Prime Minister David Cameron said Tuesday’s […]
Gay marriage: will a licence to marry really be a licence to sack?
Tonight MPs in the House of Commons will vote on whether or not to make same sex marriage legal. Despite vocal opposition from some elements in the Conservative party, the vote seems certain to be passed with Labour and Liberal Democrat support. The result will be a landmark one politically and socially. But what should […]
Ask the Expert: Does my job advert fall foul of age discrimination law?
Question: Would the wording on a job advert saying something like "at least five years’ experience required in process flow technology" be discriminatory? I think it might fall foul of age discrimination law as it excludes some people because of their age. Is that correct and, if so, what would be permissible in these […]
