Employment law takeaways for January
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month; a Polkey reduction, six years to bring an equal pay claim and the BBC is in trouble… again. Arhin v Enfield Primary Care Trust – Unfairly dismissed employee gets no compensation due to Polkey […]
BBC Tribunal has lessons for whole industry
The entire broadcasting industry needs to look at its diversity practices in the wake of presenter Miriam O’Reilly winning her age discrimination case against the BBC, the corporation has said. O’Reilly, who is aged 53, took the broadcaster to an employment tribunal for age and sex discrimination when she, along with three other female presenters […]
Ask the expert: Work-related anxiety
This time the experts, Esther Smith and Martin Brewer give their advice on dealing with an employee away from work with anxiety and an eating disorder. The question: Work-related anxiety We have a junior member of office based staff currently signed off with “work related anxiety and an eating disorder”. The employee has been away […]
Employment tribunals cost BBC £600k in 2010
The BBC paid out more than £600,000 to deal with employment tribunal claims last year, nearly £400,000 of which went on settlements to aggrieved staff. According to information obtained via a Freedom of Information request, some 33 employees brought cases against the broadcaster in 2010, of which 22 were settled, five withdrawn or dismissed and […]
Europe turns down maternity leave extension
The European parliament has turned town proposals to extend maternity leave from 14 to 20 weeks. The proposals to amend the Pregnant Workers Directive would have allowed new mothers to take 20 weeks maternity leave on full pay. However, ministers said they went “too far” and that the terms were “not a basis for negotiation”, […]
How will the Equality Act impact your Christmas celebrations?
It is well established that employers can be held vicariously liable for their employees actions in the course of their employment. This can include actions which take place outside the workplace, and outside of normal working hours including employers own Christmas parties and those of clients or customers. We have all heard stories of unruly […]
DRA scrapping could lead to more discrimination tribunals
Lack of clarity over future retirement rules could result in an escalation of discrimination-based tribunal claims once the default retirement age is scrapped next April, the CBI has warned. The employers lobby group said that the coalition government’s failure to produce any guidance or draft regulations on what a new legislative framework would look like […]
Video: Avoiding serial litigants
Jenny Wilson, employment lawyer at Pinsent Masons, explains the dangers presented by serial litigants to companies advertising positions without taking advice.In this second video Jenny explains what employers can do to avoid this issue. You can find out more by visiting Pinset Mansons online.
Update: Immigration cap legislation and how it affects you
One of the keystones of the Conservative party’s election manifesto was to reduce net migration to tens of thousands. Here Kerry Garcia outlines the latest plans. Businesses and politicians alike have expressed concerns about the impact this will have on employers. The government recently set out its proposals for implementing this permanent cap on non-EEA […]
Mediation: an essential skill for today’s leaders
HR professionals and line managers who have been trained in mediation skills report a greater understanding and self-awareness of their own conflict management styles, as well as a significant increase in their confidence and skill levels which enable them to address conflict. Importantly, HR and line managers also report that after undertaking mediation skills training, […]
Employment law takeaways for December
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month: agency workers, re-employment and pension payouts. 1. Tilson v Alstrom Transport – Fully integrated agency worker was not employee of end user2. Hinsley v Chief Constable of West Mercia Constabulary – It was a […]
Depressed police officer should have been re-employed
In a case that raises questions over the extent of employers’ duties under disability discrimination legislation, an appeal tribunal has ruled that a police force acted unlawfully by refusing to reemploy an officer following her resignation. Sarah Jane Hinsley was suffering from undiagnosed depression when she quit West Mercia Police in January 2007, saying that […]
Ask the expert: Provision of services to temporary contractors overseas
This time the experts, Esther Smith and Martin Brewer give their advice on setting up service contracts overseas. The question: Provision of services to temporary contractors overseas If a company set up a service contract with an in-country service company to supply accommodation, transport to/from the airport etc. and other support overseas, is this blurring […]
Santa is coming to town – the HR nightmare before Christmas
Annabel Kaye provides this tongue-in-cheek memo for employees from an employer brave enough to risk a Christmas party. Dear employees: We are organising the annual Christmas party, and a Mr Klaus has agreed to be our entertainer. After last year’s party (by the way, congratulations on the baby, Miss Smith) we thought it would […]
Ask the expert: P45 – which date should be shown?
The experts, Adam Partington and Esther Smith advise on which date should be shown on this employee’s P45. The question: P45 – which date should be shown? A one month’s notice period has been served to one of our employees who has been working with us since last one year. We are confused as to […]
Ask the expert: Restrictions on taking annual leave?
This time the experts, Esther Smith and Martin Brewer give their advice on what restrictions can be placed on employees taking annual leave. The question: Annual leave restrictions? Is it possible for us to specify in our contracts that the employee can only take as much holiday as they have accrued? I know that […]
The bribery act – what is a gift too far?
Next April will see the implementation of the Bribery Act which will consolidate existing laws on bribery and reform criminal law to create a set of specific offences designed to combat bribery in the public and private sectors. While the Act provides a much more effective legal framework to combat bribery it also presents HR […]
Employment Law takeways for November
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month, it’s mostly maternity and dismissal, but there’s something to be said for football too… Gisda Cyf v Barratt – Dismissal by post only effective when employee reads the letter or has reasonable opportunity to […]
Ask the expert: Internal job post -applications after closing date?
The experts, Adam Partington and Esther Smith advise on whether late applications can be accepted in an internal job post. The question: Internal job post – applications after closing date? My employer listed a job on the internal recruitment website; for a position which I applied; I know for a fact I am the […]
US employee may have been fired illegally due to Facebook comment
In what could prove to be a precedent-setting case on both sides of the Atlantic, the US National Labor Relations Board has accused a company of illegally firing an employee after she criticised her boss on Facebook. The Board, a US federal agency, which oversees union elections and investigates claims of unfair labour practices, claimed […]
