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 […]
Redundancy consultation may be scrapped
UK workers may lose the right to be consulted over redundancies following an appeal by the US Government to clarify EU law. The EU Court of Appeal has asked the European Court of Justice to rule whether employers need to consult with staff before or after deciding to make them redundant, following an appeal by the […]
Working with children blacklist ruled ‘against human rights’
Legislation that blacklists people convicted of certain crimes from working with children and vulnerable adults without allowing them a ‘right to be heard’ first is in breach of human rights law, the High Court has ruled. The Safeguarding Vulnerable Groups Act 2006, which introduced a “vetting and barring” scheme, also allowed for the creation of […]
HR ineffective at conflict resolution
Although workplace conflict is on the up as a result of the stress caused by increasing workloads, less than one in five employees would turn to the HR function to bring about a resolution. According to a study among 1,000 UK workers commissioned by the Centre for Effective Dispute Resolution (CEDR), some 87% of […]
Employment law round-up: Interesting developments in 2010
It’s been a busy year so far for employment lawyers. While we can’t cover all the changes that have happened in one article, here are a few interesting developments, plus ideas for ones to watch for in the near future. Fit notesThe Government suggested these would save British industry £240 million by getting us all […]
Ask the expert: Best way to move monthly payment?
This time the experts, Esther Smith and Martin Brewer give their advice on how to change from advance pay to arrears pay. The question: Changing from advance to arrears pay Employees are currently paid one month in advance on the 1st of the month. Obviously this can cause all sorts of recoupment problems if […]