Ask the expert: Grievance response time
This week the experts, Martin Brewer and Esther Smith consider what an employer needs to do to respond to a grievance raised by an employee – and in what timeframe? The question: Grievance response time – how long do we have? If you raise a grievance with your employer, how long do they have to […]
UK unprepared to deal with ageing workforce
The failure of senior executives to recognise the widespread implications of an ageing workforce mean that UK organisations are “woefully underprepared” to deal with the impact on their business. Despite the impending abolition of the Default Retirement Age (DRA) and the fact that a third of UK workers will be aged over 50 by 2020, […]
Ask the expert: Pregnant again while on maternity leave?
The experts, Adam Partington and Esther Smith advise on how to handle successive pregnancies which seemingly overlap… The question: Pregnant again while on maternity leave? If an employee becomes pregnant again while on maternity leave, does she have to be put back on full pay during her pregnancy (her job is one that cannot […]
Employment law takeaways for September
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Ann Bevitt of Morrison and Foerster. This month, equality, incapability and disability discrimination. 1. Community Dental Centres Ltd v Sultan-Darmon – Unfettered right of substitution fatal to worker status2. Aylott v Stockton on Tees borough Council – Identifying the proper comparator in […]
Ask the expert: Is this redundancy fair?
This week the experts, Martin Brewer and Esther Smith, advise on whether this redundancy selection is fair. The question: Is this redundancy fair? The shop floor team consists of five employees working 42 hours per week (full time), three employees working 35 hours per week (part time) and six employees working a variety of […]
Half of employers fear ‘old won’t go’
Only just over a half of employers expect to scrap default retirement ages completely when the practice is abolished in October next year amid fears that staff will refuse to go even if they are no longer up to the job. Research undertaken among 115 customers by law firm Shoosmiths indicated that only 20% of […]
How to avoid the Employment Tribunal
Statistics released recently by the Tribunal Service show that the total number of claims lodged with an Employment Tribunal in 2009-10 was 236,100 compared to 151,000 for 2008-09. This amounts to an increase in the number of claims made to an Employment Tribunal by over 56%. In this article Guy Hollebon, Head of Employment Law […]
‘Equal pay’ firms target ‘unenforceable’ pay secrecy clauses
Private sector employers should brace themselves for a wave of mass discrimination lawsuits following the abolition of a pay secrecy clause in the Equality Act. According to law firm Pannone, when the Act comes into force in October, pay secrecy clauses will become unenforceable and organisations will be unable to prevent staff from disclosing salary […]
What impact will abolishing the compulsory retirement age have?
"What you have to know about this session is that I am me and I am not going to change". That was the opening line of a coaching session I recently undertook. I was sitting in front of a Swiss-German senior vice president with whom I had spent the previous two and a half days […]
The new retirement age – implications for employers and employees
A radical shake up of the state pensions announced by the coalition government will involve an acceleration of the plans to raise the retirement age in order to help reduce the budget deficit and a plan to scrap the default retirement age of 65 from 1 October 2011. These controversial announcements have received some mixed […]
Ask the expert: Restrictive covenants
This week the experts, Martin Brewer and Esther Smith, advise on whether restrictive covenants can be enforced. The question: Restrictive covenants I have a three-month notice period in my contract and the usual restrictive covenants that you would expect of a middle manager, however after six months into my 1.5 years with the company […]
Employees exposed to contract and pay issues
Too many personnel are potentially leaving themselves exposed, with just under a third not reading their employment contracts adequately and one in 10 failing to understand the details of their payslips. The Institute of Payroll Professionals (IPP) also warned that the increasing number of e-payslips currently being introduced by employers could lead to even more […]
Ask the expert: Successive fixed term contracts
This week the experts, Adam Partington and Esther Smith, advise on whether you can justify fixed term contracts. The question: Justifying fixed term contracts What is deemed to be an objectively justified reason for using successive Fixed Term Contracts? We have several staff on Fixed Term Contracts. I know that employees on fixed-term contracts […]
HR must not fall for the ‘delusion of gender’
HR professionals need to be careful of indulging in ‘neurosexism’, after revelations that widely accepted differences between male and female abilities are not hard-wired into their brains from birth but are the result of cultural assumptions. Cordelia Fine, a researcher at Melbourne University, argues in her book entitled ‘Delusions of Gender’, which is due to […]
Union urges BT employees with damaged hearing to claim
Only days after the Communications Workers Union voted to accept BT’s pay deal worth 9.3% over three years, it is urging engineers suffering from tinnitus and deafness to seek compensation from the telco for potential negligence. Compensation claims are currently being looked at in Cardiff County Court, which has asked the solicitors involved to consider […]
Ask the expert: Poorly performing line manager
This week the experts, Martin Brewer and Esther Smith advise on how to handle a poorly performing manager. The question: I have inherited a poor performing line manager in my team, the issues are: There is no team motivation in his department He is not spending anytime training & developing his new team members […]
Employment law takeaways: August
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month, retirement caps, misunderstandings and badly-worded letters. 1. Kraft Foods UK Limited v Hastie – Retirement linked redundancy cap not age discrimination2. Worrall v Wilmott Dixon Partnership Limited – Transferred collective agreements are changed by […]
Ask the expert: Change to rate of bank holiday pay
This week the experts, Adam Partington and Esther Smith advise on how to change a rate of pay. The question: Change to rate of bank holiday pay I am thinking of reducing the premium we pay to staff for working on a bank holiday from double time to time and a half. We have […]
April ‘too soon’ for retirement age scrapping
The CBI has warned that the coalition government’s proposals to phase out the Default Retirement Age from April next year are too swift and will make workforce planning “next to impossible”. The government’s consultation document, which was released today, suggests that the DRA should be officially scrapped on 1 October 2011. It also proposes that […]
Eye care: What you need to know
Eye watering statistics from a recent survey reveal that a large number of British employers are failing to comply with laws obliging them to care for the eyesight of their computer using employees. Here we present a definitive guide to what you need to provide to employees and what their rights in this area are. […]