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 […]
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 […]