Ask the expert: Is this harassment?
Is this employee being sexually harassed? Matthew Whelan and Esther Smith advise. The question: Is this harassment? I have an issue with one of the junior managers within my branch. Although he is not my direct line manager I have to report to him for technical decision making – I am effectively one of […]
Law essentials: Equality bill
The Equality bill changes you need to be aware of, from law firm Beachcroft LLP. Update: see the changes which came into effect on 1 October here View our article on the parts which didn’t make the cut here Harmonisation and extension of discrimination law: The prohibition in directly or indirectly discriminating “because of a […]
Equality bill gets washed up
The equality bill has been passed in the last days of the government in the ‘wash up’ period. Update – See an overview of the changes which came into effect on 1 October 2010 here The Press Association reported Deputy Labour leader Harriet Harman’s flagship Equality Bill was sent for Royal Assent on […]
‘Time to Train’ is now in force
Employees working in organisations with 250 or more staff are, from 6 April, eligible to request time off under the Time to Train scheme, which will be extended to all employees from April 2011. Legal changes have come into effect from 6 April 2010, which give employees the right to request time for study […]
Cases in point – bitesize employment law April 2010
Suzanne Horne of Morrison and Foerster gives her legal round up of case law affecting human resource practitioners. 1. Tullett Prebon v BGC Brokers LP – Team Moves & Constructive Dismissal2. British Airways Plc v Williams and Others – Holiday Pay ruling may impact all aviation sectors3. Dunn v AAH Limited – Failure to […]
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. […]
