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 […]

News: Capping unfair dismissal payments is “soundbite politics”

The Government’s announcement that unfair dismissal awards will be capped at a maximum of one year’s salary has met with a mixed response.   Martin Patt, associate at law firm Lester Aldridge LLP warned that the announcement appeared to be “soundbite politics”. He pointed out that the average award for a straightforward unfair dismissal claim […]

Blog: The importance of thorough investigation in staff disputes

The recent case of Stuart v London City Airport has highlighted the importance of undertaking a reasonable investigation before an employer takes action.  In this case, the employer failed to investigate the conduct of an employee whom the employer considered had stolen goods.  The employee was a grounds services agent who entered the duty-free store […]

Ask the Expert: How can I stop being forced out after being bullied?

The question After a difficult start to 2012, I informed my managing director that I thought I was being bullied by three members of staff (I am the site manager).   After showing some initial concern, no action was taken against the three individuals. Since then, they have submitted repeated grievances and complaints against me, […]

News: UK’s top gay-friendly employers unveiled

Management consultancy Accenture, housing association Gentoo and the Co-op have been named as the UK’s top three employers respectively for lesbian, gay and bi-sexual staff. Charity Stonewall’s Top 100 Employers 2013 rankings also recognised investment bank Goldman Sachs, which won an award for ‘Employee Group Network of the Year’.   The Nationwide Building Society was […]

News: EU – Employers ‘must retrain or redeploy redundant staff’

European MPs have approved proposals for medium- and large employers to take responsibility for retraining or redeploying employees that they plan to make redundant. The European Parliament report, which was drawn up by Spanish socialist MEP, Alejandro Cercas, is calling for new regulations that would require organisations employing more than 100 staff in a single […]

News: ECHR religious discrimination ruling could force more legislation

Although the European Court of Human Rights’ landmark ruling on four UK cases of alleged religious discrimination has brought some legal clarity, new legislation may be still be required to illuminate the situation further. The judgement, which was published in Strasbourg today, found in favour of one of the claimants, but the other three all […]

News: What to do when it snows?

After a wet Christmas and mild New Year, a cold snap is hitting the country once more, with temperatures predicted to reach as low as -10 and snow forecast to fall in most areas of the UK. Inevitably, this situation will result in travel disruption and employees who are unable, or unwilling, to get into […]

Blog: Discretion denied – The implications of change to indefinite leave to remain rules

Before launching into this article, we’d like to wish all our readers a very Happy New Year! We hope that 2013 brings you all success and thank you for following the Newland Chase blog throughout the last year.  As ever, we encourage you to get involved and comment below with your own thoughts and experiences […]

A month-by-month guide to key new legislation for 2013

Here is a list of the key new legislation that we can expect to see over the weeks and months ahead (source – law firm, Bond Pearce):   1 February: Employment tribunal compensation limits will increase under the Employment Rights (Increase of Limits) Order 2012.    February: Rounding up of increases to statutory redundancy payments […]

News: Older workers valued least in the workplace, reveals study

Even though older staff are considered to have a better work ethic and attitude towards working hard than other generations, they are still being subjected to age discrimination when trying to get a job. According to a survey conducted by cognitive neuroscientist and age diversity specialist, Dr Lynda Shaw, respondents believed that people over 60 […]

Ask the Expert: How does the DRA’s removal hit employment contracts?

The question  I’m aware of the Default Retirement Age having been removed under the Employment Equality Regulations 2011, but I would like guidance on how this situation affects contracts of employment.   The wording of our contracts is currently as below and, while I suspect it will need to be removed, I’d like to find […]

Analysis: Stringfellows wins unfair dismissal appeal against dancer

Former Stringfellows lap dancer Nadine Quashie lost her claim for unfair dismissal after the Court of Appeal found in the nightclub’s favour last month. For almost two years, the case has been making waves in the tabloid press and in HR, legal and accounting circles because of its implications for other employment status situations, including […]

Is it time to rework your social media policy?

Let’s face it, social media and employment don’t mix very well.  Every week, another embarrassing tweet by an employee or an employer’s (over-)reaction to Facebook seems to make the headlines, adding weight to the argument that the two should be kept as far apart as possible.   But while this proposition may sound ideal, it […]

News: Female solicitor warned off having relationship or babies, tribunal hears

A female solicitor has accused a former “bullying” boss of sacking her unfairly due to her gender after she began a relationship against his wishes. Kate Baker, who qualified as a solicitor in 2004 and had been earning £45,000 per year, attested that she had been warned both against having a relationship or having babies. […]

Talking Point: Lembit Opik – Do you know how to manage a maverick?

I suppose you could say that I was a ‘maverick.’  Of course, it all depends on the definition.   Personally, I’d define a maverick as someone who follows their conscience and imagination rather than following the ‘norm’.    But other people might define such people in a different way: for example, as an unpredictable, uncontrollable […]