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 […]
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 […]
