Ask the expert: SOS – help with SOSR

How should you handle a re-engagement after dismissal of SOSR following a salary reduction? Martin Brewer and Esther Smith advise.       The question: Due to a requirement to cut costs we need to introduce salary reductions (amongst other measures).Following consultation, it is likely that we will have a small number of individuals who […]

Tribunal ‘fast track’ scheme announced

The Ministry of Justice is implementing a new Employment Tribunal Fast Track Scheme in an attempt to clamp down on the huge four out of ten rogue employers that fail to pay staff awards.  Research published by the MoJ last year indicated that some 39% of people granted awards by tribunals had not been paid […]

Ask the expert: Sickness in an SME

One of our employees has been off sick 22 times in the past year. Now she claims she has an underlying health condition. How should we handle it? Adam Partington and Esther Smith advise.    The question: Sickness in an SME We are a very small company (two full time and one part time), and […]

Unpaid interns ‘may be illegal’

Employers may be breaking the law by not paying as many as one in three interns the national minimum wage even though they qualify for it, according to the TUC.  The union umbrella organisation warned that any intern who is not simply observing and shadowing paid employees but is instead undertaking work-related tasks with set […]

Female students rule out career in finance due to perceived discrimination

While the UK’s top female students are ruling out careers in the City seeing it as unethical and rife with discrimination, two thirds of healthcare workers are enthusiastic about their jobs, with nine out of ten feeling that they really make a difference. According to a survey of 450 female undergraduates at Oxford University undertaken by […]

Ask the expert: Withholding pay

Martin Brewer and Esther Smith advise on whether you can withhold an employee’s pay while you decide if an absence was unauthorised. Withholding pay We have an employee who was employed on a fixed-term contract. They suffered an injury and were absent from work for three weeks in total. The first week was self certified […]

Workforce poaching: it’s happening

In a case that highlights the legal risks involved in poaching staff from rivals in a concerted fashion, one bonds dealer was yesterday found guilty of unlawful conspiracy for raiding the workforce of another.  Tullett Prebon, the world’s second largest bond dealer, which last week said it was involved in takeover talks with an unspecified […]

Layla Bunni’s On the case: Get to grips with DDA

In this month’s On the case, Layla Bunni explores how to deal with a possible disability discrimination case and provides some tips on avoiding DDA claims. A catering company is recruiting for a number of vacancies for kitchen support staff. Mr X attends an interview and is offered one of the vacancies. He receives a […]

Fathers want employers to be flexible friends

While less than one in five men would be prepared to take all of their proposed new six month-long paternity leave entitlement, nearly eight out of 10 would be keen to go for a flexible working arrangement if their employer encouraged it.  These are the findings of a recent poll undertaken by YouGov and commissioned […]

Ask the expert: Off sick but on Facebook

One of our employees is on sick leave but still manages to go out drinking and update Facebook. Where do we stand? Adam Partington and Esther Smith advise. The situation: An employee is off sick with work-related stress – but we've seen them out clubbing and have Facebook evidence of them being out drinking. What should we […]

‘Must speak Polish’ job ad investigated

The government’s equality watchdog is investigating claims that a pre-packed cooked meat manufacturer discriminated against UK workers by advertising jobs for Polish speakers only.    According to the Mail on Sunday, OSR Recruitment sent email notices out to hundreds of potential applicants on its books on behalf of Forza, which is a major supplier to […]

Ask the expert: Sleeping shift

Martin Brewer and Esther Smith advise on whether a sleeping shift requires national minimum wage.       Sleeping shift – should we pay NMW? We are in the Care sector and have a shift called Late/Sleep/Early. A staff member would comes on shift, does a late shift then sleeps at the client premises then […]

Ask the expert: What are our responsibilities to employee with MS?

One of our employees suffers from multiple sclerosis. What are our responsibilities? Adam Partington and Esther Smith advise.       The question: What are our responsibilities to employee with MS? I run a mortgage brokerage business that has a number of mortgage advisors who are self-employed. One of the advisors suffers from multiple sclerosis. […]

Employers in the dark about the scope of new anti-bribery legislation

Despite the risk of substantial fines and corporate directors ending up in jail, most UK employers are in the dark about the scope of new anti-bribery legislation, which is due to come into force later this year. According to a survey undertaken by law firm Eversheds among 694 managers and directors working in companies of […]

Legal briefing: Right to train

On 6 April 2010 the new Employee Study and Training Regulations come into force. The regulations implement a new right for employees to request time off from work for training or to study. These regulations, like the regulations applicable to the right to request flexible working, set out how employers should respond to such requests. […]

Businesses petition against NIC increase

A raft of business groups have started a petition against the government’s planned 1% increase in National Insurance contributions, which they claim will force employers to recruit fewer staff and even lead to job cuts.  The petition, which was launched yesterday, was backed up with a letter to the Daily Telegraph, calling on the government […]

Ask the expert: Can we demote rather than dismiss?

If an employee is struggling, can we demote rather than dismiss, and should we give them notice? Martin Brewer and Esther Smith advise.       The question: We want to demote rather than dismiss – but how? We have an employee who has ended up on a final written warning follow two separate conduct […]

Layla Bunni’s on the case: Facebook fail by employee

This month Layla is on the case of an employee who has been discussing remuneration packages on Facebook. What should be done and would you deal with it this way? The case It has been reported to the HR manager that an employee working in the payroll department has been discussing matters relating to a […]

Ask the expert: Demotion – any choice?

Does an employee have to accept a demotion and hefty pay cut? Esther Smith and Matthew Whelan advise.   The question: Three years ago a relation was offered the opportunity to move from a ‘hands on’ role to an office-based role. He was given a letter which stated that it should not be considered a […]

Can you enforce your dress code?

Differing legal opinions on the implications of a crucifix-wearer losing her discrimination appeal against British Airways means that it is still unclear what dress codes employers may enforce without risk of litigation. Christian Nadia Eweida today lost her appeal against a ruling that cleared BA of indirectly discriminating against her on the basis of her […]