Caroline Waters: The Equality Act and HR
As the Red Tape Challenge website focuses on equality, Caroline Waters, BT’s director of people and policies, talks about the impact the Equality Act has had on business. I have worked in this space for many years now and have seen many changes for the better. There is no doubt that we have come a […]
Ask the expert: Restrictive covenants
This week the experts, Adam Partington and Esther Smith advise on whether a company can cancel any unpaid salary or bonus if a restrictive covenant is breached. The question: Restrictive covenants Does anyone know if a company can state that they will cancel any unpaid salary or bonus if a restrictive covenant is […]
UK fraud rising to record levels
UK fraud figures hit a record £1.1 billion in the first six months of this year, with managers and staff being responsible for a quarter of it, according to KPMG. The amount of fraudulent activity committed rose 59% over the same period last year, the management consultancy’s Fraud Barometer revealed. Although government agencies have traditionally […]
Rail union considering legal action over lost contract
A leading rail union is considering whether to take legal action over the decision not to award Bombardier the Thameslink contract in a bid to save 1,400 jobs at the train manufacturer. The Rail, Maritime and Transport union said it was taking legal advice over a potential challenge on the grounds that the tendering process […]
The only way is TUPE for Southern Cross employees
Southern Cross Healthcare has pledged that all 44,000 of its employees are to be transferred to new care home operators under their existing terms and conditions after confirming that the group is to be broken up. The organisation’s biggest landlords, including Four Seasons, NHP and London & Regional, have been in crisis talks with Southern […]
How to improve compliance in organisations
When people don’t comply with legal requirements organisations can face penalties and fines running into the thousands. To take just a few recent examples: In November last year a Greater London pizza manufacturer was fined £15,000 after failing to respond to warnings about an unsafe doorway. Also in November Hertfordshire County Council accidentally faxed […]
First Default Retirement Age test launched
In what may prove a test case on new laws abolishing the default retirement age, a principal at a Scottish university has started tribunal proceedings after rejecting claims made by his employer that he had retired. Abertay University reportedly circulated an email to staff in error a couple of weeks ago ahead of an official […]
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 […]