Ask the expert: Employee sent to prison. What do we do?

This time the experts, Esther Smith and Martin Brewer give their advice on what to do when an employee goes to prison… The question: Employee sent to prison. What do we do? We have an employee who has just been sent to prison for four to six years. The MD spoke to him beforehand and […]

MP exposed as hypocrite over unpaid intern

An MP who campaigned for the introduction of a national ‘living wage’ has been accused of “hypocrisy” after replacing a salaried staff member with an unpaid intern.  Lyn Brown, Labour MP for West Ham has posted an advert for a “voluntary Westminster worker” whose duties include policy work and dealing with constituents on her official […]

Ask the expert: Am I really redundant?

This week the experts, Adam Partington and Esther Smith advise on whether this HR practitioner is being made redundant fairly.     The question: Am I really redundant? I have worked for my current employer for 19 years as their HR/Payroll & Benefits Manager. Four weeks ago I was called into a meeting with the […]

Ask the expert: Employee with two jobs

This time the experts, Esther Smith and Martin Brewer give their advice on an employee working two jobs. The question: Working time directive and two jobs If one of my employees has requested to work in secondary employment, if they are likely to exceed working 48 hours per week over both jobs, are they required […]

Case in point: The importance of pay in lieu of notice clauses

The recent case of Societe General v Geys [2011] EWCA Civ 307 has highlighted the need for companies to check the existence of ‘pay in lieu of notice clauses’ (‘PILON’) in employment contracts and the effects they have on both the employer and employee on termination of a contract – the effects can be substantial. […]

Wal-Mart sex discrimination women vow to fight on

The women involved in the biggest sex discrimination case in history have said they will use alternative routes to continue their fight against Wal-Mart Stores after the US Supreme Court blocked their claim.  The country’s highest court overturned an earlier ruling that would have allowed as many as 1.6 million female Wal-Mart employees to sue […]

MP says National Minimum Wage a ‘hindrance’ to disabled jobseekers

Philip Davies, a conservative backbencher has claimed in the House of Commons that ‘vulnerable’ jobseekers such as the disabled should be able to offer to work for less that NMW. The MP for Shipley claimed that people with mental health difficulties and learning disabilities should be able to offer to work for less than the […]

Ask the expert: Changing flexible working hours

This time the experts, Esther Smith and Martin Brewer explain how to change an employees flexible hours to fit the business. The question: Changing flexible working hours We agreed to a flexible working pattern (reduced daily hours) for an employee with young children starting school. Several months on this is not working for the business […]

Agency workers: looking less attractive

The Government has published detailed guidance on the Agency Workers Regulations 2010 (“the Regulations”) which are due to become law on 1st October 2011. During the recession many employers have taken advantage of the greater flexibility and cheaper costs associated with agency workers on short term temporary contracts. However, after the Agency Workers Regulations become […]

Twitter forced to hand over account details to Council

Council bosses in South Tyneside have won a legal battle forcing Twitter to hand over the personal details of accounts allegedly used by a councillor to make damaging claims again its staff.  The local authority took the micro-blogging site to court in California after three other councillors and an official complained of being libelled in […]

Ask the expert: Do we have to pay sleeping workers?

This week the experts, Adam Partington and Esther Smith advise on whether the pay-to hours ratio on this sleep shift is correct and legal.     The question: Paying the sleeping shift Currently staff work a shift of 7pm to 7am. They work (awake) from 7pm to 11pm and then can sleep from 11pm to […]

Case in point: Treating maternity leavers too favourably

Caught between a rock and a hard place: too favourable a treatment of employees on maternity leave during a redundancy process can lead to discrimination issues. The Employment Appeal Tribunal decision in Eversheds Legal Services Limited v Mr J De Belin has highlighted the difficulties facing employers who, in a bid to avoid discriminating against […]

Discrimination multi-faceted, reveals report

Three quarters of staff who have experienced discrimination believe their treatment is not just down to one factor such as gender but to a range of identity-related issues, a study has found.  The research, which was published to coincide with the launch of The Inclusive Employers Foundation, revealed that the most commonly cited reasons for […]

Business unprepared for bribery act

Too many UK employers are still unaware of and unprepared for the changes to business policies and procedures required when the Bribery Act comes into force on 1 July, a law firm has warned. According to a survey undertaken among directors and senior managers at 120 companies with annual turnover of more than £100 million […]

Appeal for HR panel to oversee ‘gagging orders’ at Suffolk County Council

The leader of the Liberal Democrats at Suffolk County Council has called for the creation of an HR panel to oversee the payment of ‘gagging orders’ following huge increases in expenditure to silence disgruntled staff.  Councillor Kathy Pollard told the Bury Free Press that she was concerned but not surprised after it emerged that secret […]

Pay inequality growing – and bad for business

Pay inequality is rocketing in the UK, with top private sector bosses set to earn a massive 214 times more than average wage earners by 2020, an investigation has found.  According to an interim report published by the High Pay Commission, which is funded by the Joseph Rowntree Charitable Trust, executive renumeration is now “out […]

Gordon Ramsay faces family employment tribunal

The ongoing feud between Gordon Ramsay and his wife’s family has taken a new twist after it emerged that his mother-in-law intends to take him to an employment tribunal.  According to the Daily Mail, Greta Hutcheson’s son Adam and grandson Christopher Luke also plan to join her in suing the celebrity chef for alleged unfair […]

Publishing company forced to pay uncontracted intern

In a groundbreaking case, a publishing company has been ordered to pay an intern £1,000 in damages after an employment tribunal ruled that she was classed as a worker under the law, despite having no written contract.  Former intern Keri Hudson, 21, who had worked for two months at the My Village web site last […]

Employment law changes ‘creating uncertainty’

Employers groups have warned that the coalition government’s continued “tinkering” with employment legislation is creating “huge uncertainty” and undermining its goal of encouraging businesses to take on new staff.  The criticism came following the launch of a “modern workplaces” consultation by Business Secretary Vince Cable and Home Secretary Theresa May yesterday, which outlined four key […]

Employment law reforms may leave employees unprotected

Employees could have less protection against redundancy and workplace discrimination under coalition government proposals to revamp UK employment law.  Chancellor George Osborne told the Institute of Directors’ annual convention in London yesterday that the aim of his “wholesale review” of employment legislation was to support job creation in the private sector. He would do this […]