Ask the Expert: Is someone sacked for gross misconduct entitled to unused leave?
The question Reviewing an employee handbook, I noticed that it includes a clause to the effect that an employee summarily dismissed for gross misconduct will forfeit entitlement to payment for unused leave. Can you advise me as to whether this is lawful? The legal verdict Esther Smith, partner at Thomas Eggar […]
Legal Insight: Bob Diamond – A case of constructive unfair dismissal?
Third party pressure from the Bank of England, combined with the media furore about the fixing of lending rates, appear ultimately to have led to the resignation of Bob Diamond as Barclays’ chief executive. But such scenarios have potential implications for employers. Not only do they need to find the most effective way to manage […]
News: Greater reliance on army reservists ‘could lead to more tribunal cases’
A greater reliance on reservist forces to try and compensate for army job cuts of 20,000 by 2020 could lead to a jump in employment tribunal claims among unwary employers. The coalition government has announced that it will axe 17 major army units over the next eight years, in a move that will see the […]
News: Coaching industry under threat from cowboys
The key challenge facing the coaching industry is the number of untrained individuals who describe themselves as practitioners, which is generating confusion in the marketplace. The sector has now become a nearly $2 billion industry, with around 47,500 professionals practising their craft on a global basis. These are the key findings of a survey commissioned […]
Legal Insight: Playing the Games within the letter of the law
With only a few months to go to the start of the Olympic and Paralympic Games, and amid widespread predictions that London could come to a complete standstill, employers need to start planning now to ensure that they can cope with the many issues that will undoubtedly arise. Transport Inevitably, the Games will cause […]
Case Study: Medtronic introduces global well-being scheme to cut absenteeism
Medtronic introduced a global well-being programme last year in a bid to help its employees deal with damaging health issues ranging from obesity and stress to smoking. As a manufacturer of pacemakers, defibrillators and other medical equipment, the vendor knows the value of good health and has long been committed to improving the wellbeing of […]
Video Interview: Beecroft talks to the TUC – Should it be easier to sack staff?
Venture capitalist Adrian Beecroft has caused controversy with his proposals to make it easier for bosses to fire underperforming employees. In this video debate from The Telegraph, Beecroft debates the issues with Trades Union Congress boss, Brendan Barber.
News: Legal costs see most employers settle tribunal cases out-of-court
The majority of employers settle tribunal cases out-of-court despite good odds of making a successful defence because it is cheaper to give in early rather than fight and win, according to a legal expert. Dan Peyton, an employment law partner at McGuireWoods, said that the latest figures for the first quarter of this year […]
News: One million UK workers drugged up at work
Nearly one million UK employees have illegal drugs in their system at any given point in time, with the number testing positive having jumped by a huge 43% over the last five years. According to a report entitled ‘High Society: Drug Prevalence in the UK workplace’, which is based on the results of drug tests […]
Ask the Expert: Can changes to employment terms be imposed without discussion?
The question My husband works for the NHS and has been told that, as from the middle of next month, he has to work one evening a week on top of his daytime duties (he is being paid for the extra hours). Apart from the fact that this situation is creating all sorts of […]
Legal Insight: The impact of the Bribery Act on Olympics hospitality
1 July 2012 marked the first anniversary of the introduction of the Bribery Act 2010. Less than a month later, one of the biggest sporting events ever to take place in the UK starts in London – the 2012 Olympic Games. Inevitably, it will be London 2012 that receives the most attention but, given […]
News: NHS whistleblower subject to “super gag”
The former head of an NHS Trust has been paid more than £500,000 as part of a “super gag” severance deal that prevents him from discussing patient safety issues. The official reason that Gary Walker was sacked from his £140,000 a year post as chief executive of the United Lincolnshire Hospitals Trust in February 2010 […]
Christina’s Counsel: Help! My boss is creating a long hours culture
The challenge Recently appointed in a relatively new company as its first HR manager, my client has a dilemma. She described with some dismay her fear that the managing director was starting to instil a long hours’ culture in the organisation. No explicit statement existed in this regard, but some behavioural trends, which seemed […]
News: Union welcomes Fujitsu’s move to tackle low pay
Unite has welcomed steps taken by Fujitsu towards tackling low pay after the IT services giant pledged to boost its UK-wide minimum wage to £14,000 per annum for all of its staff. As part of an agreement reached with the union in 2010, Fujitsu had already set a £12,000 company-wide minimum wage, but committed to review […]
News: Redundancies to leap as employers bid to cut staff costs
Amid warnings of a deteriorating economic situation, UK employers are shifting their focus towards making voluntary redundancies and outsourcing loss-making services in a bid to cut staffing costs. Sir Mervyn King, Governor of the Bank of England, told MPs on the Treasury Committee today that the economic situation had now worsened to such an extent […]
Ask the Expert: What should I include in a data protection policy?
The question I need to write a Data Protection policy for both staff and clients. What are the key legal points that I need to bear in mind and how can we best undertake enforcement – internally at least? The legal verdict Esther Smith, a partner at Thomas Eggar Before […]
News: MPs accuse Beecroft of employment “policy by parable”
The man behind the controversial ‘compensated no fault dismissals’ proposals appeared before a committe of MPs yesterday and got a hostile reception. Entrepreneur Adrian Beecroft appeared before the Enterprise and Regulatory Reform Bill committee theoretically to discuss proposed new legislation, but instead found himself having to defend his stnace on previous recommendations. Opposition MPs questioned […]
Ensuring collaboration works
With new and updated HR legislation coming into effect all the time, HR departments need to stay on the ball to remain compliant. Mistakes in this area can have serious consequences and a negative impact in both a regulatory and employee well-being sense. As a result, it can help if HR executives put their […]
Talent Spot: Michael Doolin, HR director at DHL’s Tradeteam
“I swore blind I wouldn’t end up doing what my father did and, 34 years later, I am,” laughs Michael Doolin, HR director at DHL’s Tradeteam. His father had been a shop steward before moving into industrial relations, which meant that there had been lots of very dull-looking manuals hanging around at home that had […]
Beecroft fire at will proposals stung by dismissal
Fire at will proposals proposed by the Beecroft review look to be dismissed themselves following a ‘call for evidence’ by the government. Venture Capitalist Adrian Beecroft had proposed allowing employers to fire staff without explanation in return for a basic pay-off. Out of 135 responses by businesses, 38% called for the plan to […]