Size acceptance – hard to stomach?

The recent demonstration by the Size Acceptance Movement has raised some thought-provoking issues. Unlawful or not, there is no doubt that size-ism and look-ism go on in workplaces, but what can realistically be done? James Williams offers a legal perspective. The Size Acceptance Movement held a demonstration in front of the Mayor of London’s office […]

Ask the expert: NI contributions for older employees

This week there is confusion over whether NI contributions are higher for older workers or not, and if so, why? Esther Smith and Harry Scott advise.  The question We have previously looked at this. Looking through the work we produced in 2007 we came across this;"Employers’ national insurance contribution rates are higher for workers over […]

Legislation update: deferring holiday until after sick leave

With winter approaching fast, questions have been raised over what to do if workers are sick at a time when they were due to be on annual leave. In a recent case, one employee who was injured just before he was due to take annual leave. Richard White, specialist employment solicitor at Withy King, considers […]

Is there any life in LIFO?

‘Last in first out’ was a simple but crude formula well-used by businesses when needing to make redundancies. Stephen Ross explains why it fell out of favour and whether there’s room for LIFO now. ‘Last in first out’ or ‘LIFO’ used to be a popular method of making selections for redundancy. It was a simple […]

Ask the expert: Removing allowances from contracts

 This week a public service client is seeking to remove a car allowance. How should this be managed? Esther Smith and Matthew Whelan advise.       The question  I work for a public sector organisation and we are looking for ways to make efficiencies. It has been highlighted that some of our employees have […]

Poll: What effect will the Pereda decision have on your organisation?

The ECJ in Pereda v Madrid Movilidad SA has held that if a worker becomes sick during a period of annual leave, they are entitled to delay their holiday and carry their annual leave forward. What effect will this have on the way you deal with employees who may become sick while on leave? There’s […]

HR tip: Regular absenteeism

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: A couple of our employees quite regularly are absent on Fridays and Mondays, claiming minor illnesses. One likes to spend time in his caravan and the other visits her mother miles away […]

Does the Pereda ruling make you feel ill?

Alison Norris, an HR expert with Employment Law Specialists & Health and Safety Advisors mhl Support, suggests a remedy – and indulges in a little bird watching… In September we had (yet) another decision from Europe that shook us to the core. The ruling related to one Francesco Pereda, a council worker from Madrid, and […]

On the case: flexible working and childcare

In the first of a new series, senior associate Layla Bunni gives insight and advice on real life legal cases. This month, an employee’s idea of flexible working is causing issues.   The dilemma:A manager has approached the HR department to discuss some performance issues that he is currently experiencing with a member of his […]

Disciplinary and grievances in the aftermath of redundancy

Dealing with redundancies for businesses can be tough, but staff who remain pose challenges of their own. Laura Livingstone and Christopher DelaMare examine the correct procedures for dealing with employees using the ACAS Code.     For many employees, job security seems like a thing of the past. Staff may be demoralised or fearful of […]

Ask the expert: Long term sickness and insurance

  An employee has been claiming sickness insurance for seven years. Now he’s 60, it’s run out and the employer is footing the bill. Can his employment be terminated? Martin Brewer and Esther Smith give advice on a particularly complex case. The question: An employee has been off sick for seven years and has been […]

Sick or on holiday? Is it up to the employee now?

The ECJ in Pereda v Madrid Movilidad SA has held that if a worker becomes sick during a period of annual leave, they are entitled to delay their holiday and carry their annual leave forward. What does this mean for employers in terms of managing their employees and ensuring this right isn’t abused? The facts […]

HR Tip: Signing contracts of employment

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: We have had trouble with an employee and therefore have referred him to his contract where it makes the position perfectly clear. However he points out that, as he has not signed […]

Colborn’s Corner: Want to leave a tip?

October 1 sees a few changes in employment law. Firstly, the National Minimum Wage (NMW) is increased and secondly,  changes to the ways tips are treated in terms of their role in remuneration. This month in Colborn’s Corner Quentin looks at the the role of NMW and questions how far legislation should impact on how […]

Employment law round-up: Changes in October

HR professionals need to be aware of a few legislation changes coming into force today. Craig Havard explains what you need to know. There are only a few pieces of employment legislation coming into force on 1 October this year. These are summarised below.   1. National minimum wage: Tips   The effect of tips (and other gratuities), […]

Tribunal report shows redundancy claims up

The report from the Employment Appeals Tribunal into claims made between 2008 and 2009 showed that a failure to inform and consult on redundancy led to a rise in those types of Tribunal claims, despite cases falling overall. Key findings from the EAT report into tribunals from 2008-2009 revealed an overall decrease in claims accepted […]

Ask the expert: Long-term absence during probation

An employee has been on long-term sick leave for most of her probation period. Matthew Whelan and Esther Smith advise on the risks of dismissing her. The question   We have an employee who started work with us in a management position. Her references were not great but we decided we would give her a […]

High court says retirement age can stay – for now

The ruling is in. With the Government announcing it was bringing forward a review of the Default Retirement Age (DRA)  to 2010, Mr Justice Blake has ruled that the DRA can stay. He did, however, recognise the ‘very substantial weight’ of arguments put forward by the Equality and Human Rights Commission and Age UK to […]

Tackling prejudice at work

With the number of workplace discrimination cases rising, it is vital that HR professionals confront, tackle and remove prejudice in the workplace, but how should they go about it? Nick Golding finds out. The number of workplace discrimination cases, where workers drag their employer through the courts over alleged unfair treatment because of their age, background […]

HR tip: Limiting recruitment – discrimination?

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: Ordinarily we visit four schools each year to give talks about engineering and what we do in the hope that they will produce some good apprentice recruits for us. The school just […]