Blog: What is constructive dismissal?
I receive a lot of enquiries from disgruntled employees looking to take their employers to an employment tribunal for constructive dismissal. Constructive dismissal is very hard to prove. Employees must show that there was a fundamental breach of contract by the employer that leads to a breakdown in trust and confidence. They must then […]
Ask the Expert: When does continuity of service start for a casual worker turned perm?
The question We have workers employed on zero hours/casual contracts, which means that there is no obligation either to offer or accept work on either side. But one of these workers is moving to a take on a permanent role with us. Do we give them continuity of service from their casual start date […]
Bus driver appeals sacking – for eating a grape
A bus driver has lodged an appeal against being sacked apparently for eating a grape while on duty. Michael Shephard, a 66-year-old granddad from Coventry, claims that he was dismissed by National Express after he was caught on CCTV popping the offending fruit into his mouth two weeks ago. Although he was sitting in […]
Blog: Lessons on dealing with the unions during times of change
Welcome to this weeks Guest Blogger – Paul Myers is the HR Manager for a local transport company. He has initiated significant change in his organisation and has managed to keep his staff on board. He is a people centric manager who has considered how to increase and harness employee engagement at every opportunity. […]
Budget 2012: Fears over lack of prep time for Olympics Sunday working plans
With the Olympic and Paralympic Games only just over three months away, plans to suspend Sunday trading laws over the eight weekends of the events have sparked concern over the lack of time that employers have to prepare. In his Budget today, Chancellor George Osborne proposed emergency legislation to enable large shops in England and […]
Budget 2012: Local pay deals ‘could expose public sector to discrimination claims’
The public sector will need to tread carefully when negotiating local pay deals or risk opening itself up to discrimination claims, a law firm has warned. As expected, the Chancellor announced in his Budget speech today that he was looking to see whether he could “make public sector pay more responsive to local pay rates”. […]
PCS union to push for 2nd national pension strike in April
Thought public sector pension strikes had all blown over? Not a chance. The Public and Commercial Services Union may have confirmed that it will not join with members of the University and Colleges Union and the National Union of Teachers in a one-day stoppage and demonstration in London next Wednesday (28 March). But it […]
Ask the Expert: Do employers have to pay for post-natal time off?
The question A member of staff has just returned from maternity leave. She is still breast-feeding her child and needs to expel her milk at least twice a day. She works a 40-hour week, which is now being reduced by between 30 and 40 minutes each day due to this process. The employee […]
Government’s compensated no fault dismissal proposals garner mixed response
Coalition government proposals to introduce a ‘compensated no fault dismissal’ system for micro-businesses have met with a mixed response. The proposals, which were first put forward in Adrian Beecroft’s controversial report, form part of a wider ‘call for evidence’ around existing dismissal processes for organisations of all sizes. They would result in employers with […]
Legal Insight: Employee or consultant? Lessons from the Student Loans Co
Taxation has never been a more contentious issue. Political arguments have been raging for months now over everything from the 50p rate and tax evasion among high earners to the reintroduction of a £10,000 threshold for people on low incomes. Also to hit the headlines recently, however, was the case of Ed Lester, chief […]
Talking Point: Will the Beecroft proposals really encourage employers to hire more staff?
It is clear that the government is trying to support employers and take steps to encourage them to take on more staff. What is a continuing mystery, however, is why ministers repeatedly ignore the areas of greatest concern to business. Such areas of concern range from the extremely high costs of employment and the […]
EU Parliament votes in favour of binding female boardroom quotas
The EU Parliament voted in favour of introducing binding quotas for women at the top table at the same time as a report revealed that UK progress on appointing females to executive board-level positions had been slow. The vote by the EU Parliament followed a consultation that was launched last week by EU Justice Commissioner, […]
Ministers in legal battle to stop Christians wearing crosses at work
Christians do not have the right to wear crosses openly at work, ministers are set to argue in a landmark case at the European Court of Human Rights. But the move will set the coalition government on a collision course with its own equality quango, The Equality and Human Rights Commission, which plans to put […]
Blog: Is ‘fire at will’ dismissal legislation a good idea?
Chancellor George Osborne has just proposed the introduction of “fire at will” dismissal law that will enable small employers to dismiss staff more easily. Under-secretary of state for employment relations, Norman Lamb, is unveiling plans during March which would remove restrictions on laying off staff at businesses with fewer than ten employees. It is […]
Ask the Expert: How do we deal with an alleged accident victim who is now in Brazil?
The question We have an employee that slipped and fell at work about a year ago, but we are not sure if the accident was staged or genuine. He was taken to hospital and discharged the same day. The staff member had booked two weeks of holiday prior to the accident, which was due […]
Remploy factory closures risk jobs of 1,500 disabled workers
Remploy is to consult with unions over the proposed closure of 36 of its 54 factories due to government funding cuts, which could lead to compulsory redundancies among more than 1,500 disabled workers. Remploy factories were established 66 years ago as part of the creation of the welfare state in order to employ disabled […]
Somerset Council pulls HR out of Southwest One shared service
Troubled shared service operation SouthWest One has hit another speedbump, with one of its customers, Somerset Council today announcing that it is to bring some services, including HR, back in-house. According to the BBC, the decision was taken after a council review concluded that it was failing to perform and it was unlikely to achieve […]
EU proposals for female board quotas a “mistake”
A European Union-wide consultation on whether to introduce mandatory quotas to try and increase the number of women on company boards has been branded a “mistake” by the coalition government’s boardroom diversity champion. Lord Davies of Abersoch admitted that the move by the EU’s Justice Commissioner, Viviane Reding, “raises the temperature” on organisations that […]
Ask the Expert: Can an employee legally refuse an order to move desks?
The question I am an HR Assistant and am slightly upset at the treatment of one of the girls in the office. She came on board about six months ago to act as team support and is line-managed by one of the PAs. But there seemed to be friction from the start between […]
Unions reject MoD assurances about outsourced HR staff
Unions have raised concerns that the Ministry of Defence’s decision to outsource functions such as HR to a private contractor will lead to “further attacks” on employees’ terms and conditions despite ministerial claims to the contrary. Serco has won a £36 million deal to run a shared services organisation, Defence Business Services in a bid […]
