Ask the expert: AWOL or Sickness?
This time the experts, Esther Smith and Martin Brewer give their advice on dealing with an employee who appears to be AWOL… The question: AWOL or Sickness? A member of staff has been off sick since beginning of October. The last contact was via a "family friend" in mid November which was followed up with […]
Legal lowdown: Age discrimination at the BBC
Miriam O'Reilly’s successful age discrimination case against the BBC last week sets a benchmark for age discrimination cases going forward, says employment lawyer Emma Bartlett. The BBC’s public apology and acceptance of the Employment Tribunal’s decision and desire to take Ms O’Reilly back is somewhat exceptional. Taking her back could mitigate the BBC’s potential liability […]
Parental leave shake-up “ignores needs of business”
Coalition government proposals to overhaul the current parental leave system have been slammed by employers’ groups as an example of "rushed thinking" that "fundamentally ignores" the needs of business. Speaking yesterday at the launch of a report on parenting by thinktank Demos, Deputy Prime Minister Nick Clegg confirmed that measures formulated by the […]
Ask the expert: Question regarding redundancy
The experts, Adam Partington and Esther Smith advise on what a vauge redundancy conversation means for an employee. The question: Question regarding redundancy I was in a meeting with my manager last week to discuss topic a. During the meeting my manager raised the issue of redundancy and suggested a possible leave date of […]
Video: How will the default retirement age abolition affect you?
With the news that the coalition intends to go ahead with the abolition of the DRA, it's imperative to know how it will affect your business. Employment lawyer at Pinsent Masons, Sarah Banatvala, explains what approach businesses should take once the law is removed.
Companies could ‘report rivals’ to fraud office
The head of the Serious Fraud Office will invite companies to report rivals that they suspect of corrupt practices later this week following a row over controversial coalition government efforts to water down the Bribery Act. According to the Daily Telegraph, Richard Alderman, head of the SFO, which is to be given sweeping powers to […]
Stonewall index highlights most inclusive places to work
Stonewall has named the Home Office as the best place to work for lesbian, gay and bisexual people because of its specifically inclusive policies and efforts to embed equality and diversity into everything it does. The Lloyds Banking Group was ranked second in the gay rights charity’s Top 100 Employers index, while accountancy firm Ernst […]
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 […]