TUC says tighter strike rules are “charter for exploitation”
The TUC has branded CBI calls to tighten up strike rules and cut the consultation period for redundancy as a “charter for exploitation” and in likely breach of the UK’s human rights obligations. The employers’ lobbying group is appealing to the coalition government to change existing ballot rules to ensure that industrial action can […]
Employment law takeaways: June
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. 1. McWilliam & Others v Glasgow City Council – Compromise Agreements2. Salford NHS Trust v Roldan – Disciplinary Investigation and Hearing3. Edwards v Chesterfield Royal Hospital NHS Foundation Trust – Damages in Wrongful Dismissal4. Chief Constable […]
Ask the expert: Can a company offer improved benefits to new starters but not to TUPE staff?
Is it legal that new starters are offered better benefits than those already employed? Esther Smith and Martin Brewer consider their verdicts. The question: Can a company offer improved benefits to new starters but not to existing staff? The company I work for has offered an improved benefits package to new starters […]
Council tender advert ‘disturbing’, says rights and equality commission
A council may have opened itself up to costly legal action after issuing a tender for a ‘female, white and non-Muslim’ taxi driver as part of a wider contract. According to the Northampton Chronicle & Echo, Northamptonshire County Council has been forced to issue an unreserved apology following the incident. One of the elements of […]
Ask the expert: Do we need to pay the extra salary?
Do we need to pay the acting up salary if the employee has resigned? Adam Partington and Esther Smith advise. The question: Do we need to pay the extra salary? A colleague has taken on additional responsibilities with the understanding that there will be a pay uplift at the end of a […]
Pregnant RAF officer awarded £16,000
A female RAF officer who was removed from her post because she was pregnant has been awarded more than £16,000 by an employment tribunal. In a case funded by the Equality & Human Rights Commission (EHRC), the officer – who chose not to be named as she still works for the air force – was […]
Outrage against ‘minority only’ council work placement
A council’s decision to ban white graduates from applying for an £18,000-a-year management training scheme in order to boost staff diversity ratios has caused outrage. The initiative by Bristol City Council, which offers two candidates a two-year placement with the local authority, is only open to people from black or ethnic minority backgrounds. The scheme, […]
Employment law issues during the World Cup – playing the odds
The World Cup will bring with it a lot of management concerns, and not just for Capello. Absences, form, motivation and even dreaded yellow cards adding up to a suspension are all likely contenders this summer, and in order to help you make the most of the beautiful game we’re running a book to give […]
Ask the expert: Diagnosed with bowel cancer – what rights do I have?
A worker is diagnosed with bowel cancer – what rights to preferred shifts do they have? Martin Brewer and Esther Smith advise. The question: Diagnosed with bowel cancer – what rights do I have? Upon a change of shift patterns within the company I opted to swap my preferred shift with my […]
BT prepares for strike ballot
Telecoms giant BT is preparing itself for its first period of industrial unrest in 25 years as the Communications Workers Union readies plans for a strike ballot over pay. According to an internal email seen by the BBC, managers are being asked to provide details of their broader skills, even if rusty, by Wednesday 26 […]
Changes to paternity leave – will they work?
The new government will face significant challenges in implementing its flexible parental leave proposals given employers’ lukewarm response to existing paternity leave measures today, a leading HR body has warned. The coalition government is keen for fathers to be able to take six months of paternity leave while their partners return to work. But the […]
Ask the expert: Is that a TUPE?
If we win this contract, will we need to TUPE? Matthew Whelan and Esther Smith advise. The question: I am tendering against another company for the contract to run the canteen in a local factory – does this mean I will have to TUPE the employees of the other catering firm should I will […]
NHS age discrimination manager awarded £147,000
A senior NHS manager has been awarded £147,000 after winning a battle to prove that she was passed over for promotion because of her age. An employment tribunal in Leeds found that Linda Sturdy, 60, who worked in the breast screen clinic at the city’s Seacroft Hospital for 17 years, was subject to age discrimination […]
Employers beware: Social network comments can be used in court
Employers would be advised to introduce policies that prohibit the posting of work-related content on social networking sites (SNS) following a landmark ruling in the US courts indicating that such material is fair game for discovery. The situation came to light during a sexual harassment lawsuit brought by the US Equal Opportunity Commission on behalf […]
Layla’s on the case: The bullying line manager
Layla investigates real-life cases and brings the conclusions to HRzone.co.uk, shedding light on important employment law issues. This month: is a company under an obligation to take disciplinary action against a line manager for bullying when the complainant was intially happy with an apology but has now changed her mind? The case:An employee has raised […]
Legal briefing: Equality laws explained
Protecting against discrimination by its nature opposes prejudice and bigoted views. But as three recent high profile cases have highlighted, it can also bring wider beliefs in to conflict, such as religious and ethical points of view. The way in which the courts have tried to reconcile such views in these recent cases has […]
Ask the expert: Can we promote a worker above their supervisor?
Can we promote a worker above their supervisor? Martin Brewer and Esther Smith advise. The question: Can we promote a worker above their supervisor? We have a factory Manager who is responsible for all issues within the factory. He has not been undertaking his duties correctly and during his reviews has said […]
Legal update: Discrimination and commission
Employment law briefing – practical, digestible takeaways to help you make sense of the confusing world of employment case law from Suzanne Horne of Morrison and Foerster. This month, discrimination and capping commission. Homer v Chief Constable of West Yorkshire Takeaway: Requirement of a degree not age discrimination The Court of Appeal has held that […]
PCS wins high court bid
A union has won its High Court bid to halt government measures that would have cut redundancy pay for civil servants in order to save it £500 million over three years. The Public and Commercial Services (PCS) union had called for a judicial review after changes to the Civil Servant Compensation Scheme were introduced without […]
Ask the expert: Disciplinary while off sick
How can we sort out disciplinary while the employee is off sick? John Brandon and Esther Smith advise. The question: I have an employee under an existing disciplinary sanction, who now has another ‘issue’ over capability and have asked them to attend another disciplinary meeting. They have responded by getting themselves signed off sick […]
