Ask the expert: Short-term lay-offs

How much notice does an employer have to give to shift workers, if there is no work available for them to do on a given day? Martin Brewer and Esther Smith advise whether short-term lay-offs would need to be imposed.   The question: I have just started work for a small construction/professional cleaning company. We provide construction and […]

It’s about a sticky floor, not a glass ceiling

Gender discrimination is holding women back from the very start of their careers, long before they reach the supposed ‘glass ceiling’, says Mary-Rose Lines, who explains what HR can do to help women progress.     What caused the war for talent? Many things including demographic changes, globalisation, skills shortages and increased competition. Have any of […]

Parents to share maternity leave, says Gordon Brown

Gordon Brown has announced that the government will go ahead with plans to allow parents to ‘split’ maternity leave after six months. The prime minister outlined the proposals, which were put on hold by Lord Mandelson earlier this year, at the TUC conference in Liverpool today.   Under the new scheme, mothers will be able to […]

Age discrimination in the media: Strictly unlawful?

The BBC has faced considerable criticism recently following allegations of age and sex discrimination, particularly in relation to Radio One and the popular television series, Strictly Come Dancing. Carly Mathers explains.         There have been some recent allegations of age and sex discrimination at the BBC, the most prominent of which stem […]

Legislation update: Continuity of employment with a company in administration

Richard White considers a recent appeal in which an employee challenged the decision not to allow him to claim for unfair dismissal after his employer went into administration. In recent months, there have been many reports of companies going into administration. Employees can suddenly find themselves unemployed with no comeback, as they are deemed not […]

Ask the expert: TUPE and offers of employment

Adam Partington and Esther Smith advise on whether a GP is protected under TUPE after the GP moved to another practice, which had then been transferred to a new employer.   The question   My question regards Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protection for a GP. This GP has recently been made an offer of […]

Mandatory retirement: The case against

The default retirement age is simply not needed, says Chris Ball, who shares his thoughts on why scrapping mandatory retirement can be extremely beneficial to organisations.         The case for or against mandatory retirement is not just an HR issue. It involves the individual worker and the national and international economy as […]

Ask the expert: Holiday during probation period

Can an employer, in a small business, prevent new employees taking annual leave during their probation period? Martin Brewer and Esther Smith advise.       The question: We currently have a six-month probation period. We are a small firm and I have six new employees which makes up a third of the staff. Are […]

The benefits of a default retirement age

Matthew Lawrence outlines his views on why the default retirement age should not be removed and warns that a change to current policy could have serious financial implications for employers. At the outset it is important to state that workers over 65-years-old are often an invaluable resource of knowledge and experience, something sorely needed in […]

HR tip: Stopping swearing

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: One of our employees consistently uses bad language in all his conversations. This is offensive to some people who hear it and even more so when it forms part of a complaint […]

Ask the expert: Employee’s wife harassing female staff

The wife of a male manager has been harassing two female employees. Can HR do anything to stop this from happening? Matthew Whelan and Esther Smith advise.       The question   Two female staff have complained that they have received nasty calls and texts from their male manager’s wife, accusing them of sleeping with […]

HR tip: Types of holiday – statutory, bank and public holidays

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: I have been looking through the contracts of employment of several of our employees and find reference to statutory, bank and public holidays. There appears to be no consistency. What exactly are […]

Ask the expert: Alternative positions after redundancy

Can an employer offer a more junior role to a potentially redundant employee and is it obligatory that it is offered? Martin Brewer and Esther Smith advise. The question: We may make a role redundant within our organisation in order to reduce costs. A new position with a new focus will be created if we did […]

HR tip: Is ‘old boy’ discriminatory?

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: All my life, I have referred to other men to whom I am speaking as 'old boy'. I have been told that this is age discriminatory. Is it?   Answer: Yes, it […]

Ask the expert: Disciplinary procedure for probationers

Some employees, who are on probation, are not performing well and the employer wants to dismiss them. Matthew Whelan and Esther Smith advise on the correct procedure to follow.     The question   I have a couple of probationers who are not shaping up. They have been spoken to and one has not changed his […]

Legislation update: Employee dismissals

Many employers assume that once they have sent a letter of dismissal to an employee, the dismissal will be immediately effective. Yet a recent case shows that employers need to be careful when making those assumptions. Richard White explains.     Gisda Cyf v Barratt case: The facts   Miss Barratt worked for Gisda Cyf. She attended a disciplinary meeting on […]

Online payslips: A step too far?

Online financial transactions are on the increase in all areas of the economy, yet electronically-delivered payslips still raise issues for employers and employees alike. Are they a natural evolution for organisations, or a technology too far, asks Tim Richards.     Presenting pay electronically can open up a wealth of possibilities for a company to demonstrate […]

Ask the expert: Trade union representative

Where does an employer stand if an employee wants to bring a trade union representative into a disciplinary meeting, rather than a colleague? Gillie Scoular and Esther Smith advise.       The question:  We do not have any trade union on site, but a member of staff pays a union fee and wants to bring a […]

Colborn’s Corner: Who are the fat cats?

With news about Barclays’ recent profit announcements and headlines about the fat cats being back in town, Quentin Colborn takes a look at fat cat salaries in the light of a recent article in The Times and questions if they are who we were expecting. When you think about it, the expression ‘fat cat’, which is normally used […]

Tips on investigating employee misconduct

When dismissing an employee for misconduct, many employers stumble at the investigation stage. Martin Brewer examines the common pitfalls and how best to avoid them.       The dismissal of an employee for misconduct will almost certainly lead to a claim for unfair dismissal. In assessing the fairness of a dismissal, an employment tribunal will be […]