Employers face legal action due to sun danger
Employers in the UK could find themselves facing legal action if they do not sufficiently protect their employees from skin damage caused by working for prolonged periods in the sun. The news comes after a significant case in Australia where an employer was found liable for damages when employees who developed skin cancer after working […]
Ask the expert: Resign or seek severance?
Martin Brewer and Esther Smith advise on whether this employee should resign or seek a severance payment. The question: Resign or seek severance? A year ago I negotiated flexible working with my employer (I work four longer days Mon-Thurs and take Friday off) so I could help care for my parents. My mother is now […]
Out of date policies putting businesses at risk
Too many companies are failing to revise internal procedures in order to comply with new equality and anti-bribery legislation, leaving them open to potential prosecution, lawyers have warned. According to a survey of more than 100 HR directors undertaken by law firm Pannone, just under two thirds of respondents still routinely use pre-employment health questionnaires […]
Ask the expert: Default retirement age
This week the experts, Adam Partington and Esther Smith advise on how to deal with retiring workers. The question: Default retirement age We have a default retirement age of 65 and follow the usual procedures of writing to staff approaching retirement. The organisation has to date accepted every request for staff to remain […]
Be prepared with our guide to the Agency Workers Regulations
The Agency Workers’ Regulations (AWR), due to come into force in 2011, will be one of the most significant and highly-debated pieces of employment legislation in the last decade. Be prepared with this guide and stay up to date with any changes on HRzone.co.uk. The new legislation will mean businesses will have to make […]
Acas launches HR equality guide
The conciliation service Acas has published guidance to help HR professionals prepare for implementing the Equality Act, which is due to come into force this October. The Acas guide entitled ‘The Equality Act: What’s New for Employers?’ explains how the new legislation, which was passed on 8 April and replaces nine current laws including the […]
Ask the expert: Is depression covered by the DDA?
Martin Brewer and Esther Smith advise on whether depression is covered in this instance under the disability discrimination act. The question: Is depression covered by the DDA? I had been off work for some six weeks with depression. When I returned OH said that I was fit to work, without adjustments, but OH also said […]
Coaches call for better regulation of industry
Most coaches would prefer to see self-regulation rather than government intervention to tackle fears that burgeoning numbers of unqualified people entering the profession could damage its reputation. Although the coalition government has no current plans to regulate the industry, training body, the Coaching Academy, has taken a first step in this direction by sponsoring The […]
Employment law takeaways for July
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month, vauge resignations, alleged mental disability and whoops-a-daisy (mind your language). 1. J v DLA Piper UK LLP – What does an employee have to prove if s/he alleges s/he has a mental disability? 2. […]
Ask the expert: Maternity vs holiday
This week the experts, Adam Partington and Esther Smith advise on an employee using up holiday during maternity leave. The question: Maternity vs holiday We have an employee whose baby is due on the 29 October. She has 19 days of holiday allowance left for the year and would like to take all […]
Ask the expert: Advertising short term vacancies and contracts
Martin Brewer and Esther Smith advise on whether you need to advertise short term vacancies and contracts. The question: Advertising short term vacancies and contracts Could someone please clarify the law regarding the advertisement of short-term vacancies such as maternity leave? I am the Deputy Manager and my Manager is due to go on maternity […]
Married transexual wins pensions rights
In a landmark ruling, a married transsexual was judged to have been discriminated against by being subjected to male retirement laws after changing their gender from male to female. Christine Timbrell, who was born Christopher Timbrell in 1941, won her appeal to claim her state pension at 60 after Her Majesty’s Revenue & Customs (HMRC) […]
National Minimum wage may ‘harm competitiveness’
The Low Pay Commission has been told to focus on monitoring the impact of the National Minimum Wage on small firms and the employment prospects of young people in order to understand whether it is harming their competiveness. The coalition government wrote to the Commission with its new requirements yesterday in a move that casts […]
Most want end of DRA – but don’t have other plans
While almost two thirds of adults would like to see the default retirement age abolished, few are sure what the right age for quitting work should be and most are failing to plan for the future. According to a survey undertaken among 1,011 people by Age UK, which was formed out of the merger of […]
Ask the expert: Bank holiday confusion
This week the experts, Adam Partington and Esther Smith, advise on accrued bank holidays during maternity leave. The question: Bank holiday confusion We currently offer 22 days holiday per year plus bank holidays (for full timers) and our holiday year runs from 1st July – 30th June. I have a lady whose baby […]
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 […]