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 […]

News: Catholic Church threatens to sack teachers in gay marriages

With the UK government on track to push through same sex marriage legislation, the Catholic Church has warned that teachers entering what it calls  “non-chaste” relationships outside of Church-sanctioned marriage face the sack. The guidance – contained in Christ at the Centre: Why the Church provides Catholic Schools – also says that teachers in Catholic […]

Q&A: another view on holidays and TUPE

Q&A: Can staff claim extra holiday under a TUPE transfer?   Question: A group of people transferred to our business under TUPE last month.   During the consultation period, we confirmed that we would honour their pre-booked annual leave for the rest of last year, which we have done.    But one of the staff has come […]

Blog: What Celebrity Bake Off demonstrates about disability

In aid of Comic Relief last week the BBC aired Celebrity Bake Off where each day four celebrities showed off their baking skills with one celebrity being judged the winner.   It has been a highly entertaining programme watching the celebrities struggling with the requirements of delivering signature bakes, a technical challenge and show stopper […]

Ask the Expert: Can staff claim extra holiday under a TUPE transfer?

Question: Can staff claim extra holiday under a TUPE transfer?   A group of people transferred to our business under TUPE last month. During the consultation period, we confirmed that we would honour their pre-booked annual leave for the rest of last year, which we have done.  But one of the staff has come back to […]