Dinnerladies win discrimination case over Council
A ‘groundbreaking’ ruling, which found a Yorkshire council guilty of sex discrimination for paying bonuses to men but not women, could open the way for similar compensation claims across the country. The Appeal Court backed a claim that 13 female carers and dinnerladies working for Sheffield City Council had been subjected to discrimination because they […]
Bonuses – a balancing act
How do you maintain your well-earned reputation as a competitive employer and, at the same time, comply with the new tougher public and regulatory expectations? It is no easy task striking a balance between legal requirements and commercial pressures when putting together an effective remuneration package. The answer is that remuneration should be aligned with […]
Krafty job cuts at Cadbury?
Following the shareholder approval of the Cadbury’s board recommended takeover offer by Kraft, the world’s second largest food company, there will inevitably be concerns amongst its staff that this will result in job losses. It has already been announced that Cadbury’s head office in Uxbridge will close and there are union fears that this will […]
Ask the expert: Bonuses for all?
Do these TUPE employees still have a right to their undefined bonuses? Martin Brewer and Esther Smith advise. The question: Bonuses for all? I work for a company who have some employees following a TUPE transfer a few years ago. We now have issues around who we can, and cannot pay bonuses […]
Ask the expert: Can we drug test?
Do we need to do any paperwork before we implement pre-employment drug-testing? Esther Smith and Adam Partington advise. The question: Can we drug test? I work for a manufacturing company that is investigating pre-employment drug testing for its locations across the UK. What will I need to do to ensure it is […]
New legal ruling clarifies employers’ obligation to risks assessments of pregnant workers
A new legal ruling clarifying that employers are only obliged to carry out assessments on pregnant workers if evidence shows they are subject to health and safety risks should help to reduce the burden on HR professionals. The clarification in the law came about following a judgement handed down in respect of O’Neill versus Buckinghamshire County […]
Ask the expert: Holiday on sick leave?
Can an employee go on holiday when they are on sick leave, and if so, what are we supposed to pay them? Martin Brewer and Esther Smith advise. The question: Holiday on sick leave? An employee on long-term sick leave (work-related stress) obviously accrues his/her holiday entitlement during this absence. However, during this time if […]
Ask the expert: Are lost payslips a legal minefield?
If my employer loses an employee’s pay slips are they in breach of ID theft or data protection? Matthew Whelan and Esther Smith advise. The question: A member of staff was away on leave and the payslips (two months worth) were given to the line manager while they were away. When this person asked […]
On the case: Sick employee runs her own business on our time
An employee is claiming sick pay but is running their own business on the side: what should the HR manager do? Layla Bunni lays down the law. An employee has been on long term sick leave for over six months due to a bad back. She claims that her back condition prevents her from driving […]
Ask the expert: Sacked after 10 months
A graduate has been sacked after ten months, seemingly unfairly. Is there anything which can be done? The question: A person has been employed for approximately 10 months and passed probation after three months with no adverse comment. This is their first job after graduating from University. Recently they received a letter […]
Suspended sentence for NHS CV liar
In a reminder that HR professionals are not above the law, one senior NHS manager in Devon has just received a suspended prison sentence for lying about her qualifications. Kerrie Devine was a senior HR manager at East Devon Primary Care Trust (PCT) between 2003 and 2006, but had to reapply for her post […]
HMRC launches new crusade against minimum wage violators
A new Dynamic Response Team has been created, tasked with working on ‘high profile and complicated’ minimum wage cases. Her Majesty’s Revenue & Customs has launched a new body, the Dynamic Response Team, with the aim of resolving the most high profile and complicated National Minimum Wage cases. One of the key priorities for the […]
Ask the expert: vetting employees
Does rechecking only some of our employees to ensure they are able to work in the UK amount to discrimination? Matthew Whelan and Esther Smith advise. The question: In 2007 the company I work for started to vet new employees through a new vetting agency: they check the authenticity of passports and the right […]
Ask the expert: Can they replace my holiday with childcare?
If an employer is making a contribution to childcare, can they remove some of my leave entitlement? And should I be able to avoid tax on the childcare? The question: I have a little boy aged two and my current employer has agreed to pay my £245 that I would get from […]
Beyond belief? Faith and work – the legal considerations
No matter what your employees believe, they need to be dealt with correctly – or you will face the legal consequences, explain lawyers Natasha Koshnitsky and Rob McCreath. Picture the scene: the interview has gone well and the candidate has come across as well-qualified and suitable for the senior and highly sensitive vacancy. In the […]
Ask the expert: More notice than we wanted
If a contract says four weeks’ notice but an employee gives more, do you have to let them work that notice? Matthew Whelan and Esther Smith advise. The question: We have an employee who has handed in his notice, giving three months’ notice. His contract states he only has to give four weeks. […]
HR tip: Change of conditions
These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications. Question: If we change one of someone’s terms and conditions of employment, do we have to confirm it in writing or is the fact that he starts to work under the new term […]
Legal update: Third party disability discrimination
Recently an employee took her employer to tribunal after claiming that she was discriminated against, not for herself but on the basis of her son’s disability. Richard White, specialist employment solicitor at Withy King considers this case further. Although disability discrimination in the work place is often highlighted in the news and is an issue […]
Employing disabled people
The subject of employing disabled people is one that is likely to raise a number of concerns amongst employers. Unfortunately, most of these concerns are based on misinformation and prejudice. Jane Hatton, Managing Director of specialist training company The Diversity People (and who has herself become disabled) helps to put the record straight. Recruiting and […]
Ask the expert: Family business in breach of equal opportunities?
Is this small family business breaching equal opportunity legislation by employing family members automatically? Matthew Whelan and Ester Smith advise. The question: A small family business (circa 8 staff) employs predominantly family members. The business’s objective is primarily to provide jobs/earning capability for family. Business does employ non family members and does not […]
