Employing agency workers? Know their rights
Paul McQuade, senior solicitor in the employment team at Brodies LLP, explores the proposed new regulations and their ramifications. After a decade of deliberation in the EU, the 2008 Directive on Temporary Agency Work is due to be introduced as law into the United Kingdom. New rights for agency workers will be established before […]
Ask the expert: Office relocation
Does an employee qualify for redundancy pay even if they’re on a fixed-term contract? Martin Brewer and Esther Smith advise. The question: Our UK office may close and shift to a new city. It is just far enough away that two of the three staff may not want to shift. There is no issue […]
HR tip: Can we withdraw notice?
We gave a worker his notice, but would now like to continue his employment. Can we take back the notice? Withdrawing notice Because our order book has dried up a bit, we recently gave notice to three of our short-serving employees but we now find that we want to keep one of them after all. […]
Equal pay: Slow burning issue of the century?
Equal pay legislation has been around for 40 years – so why are we still struggling with it, asks Ian Milton. For most HR professionals, equal pay is a topic that seems to rear its head every few years, cause a degree of concern and then quietly go on the backburner. The legislation is been […]
On the case: Can you investigate a sick person?
Continuing her regular column, senior associate Layla Bunni gives insight and advice on real life legal cases. This month, a grievance has been raised against a manager who disappears, claiming stress. How should the investigation be handled? The dilemma:An employee (Ms E) has raised a formal grievance against her line manager (Ms M). She has […]
Ask the expert: Does a fixed contract negate redundancy?
Does an employee qualify for redundancy pay even if they’re on a fixed-term contract? Matthew Whelan and Esther Smith advise. The question: If a three-year fixed-term contract is not renewed and the employee dismissed in the absence of other work, do they qualify for a redundancy payment? Legal advice: Matthew Whelan, solicitor, Speechly Bircham The […]
HR tip: Dishonest academic claims on CV
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 took on a woman recently who said that she had a degree in marketing but we have since discovered that she merely did a correspondence course in the subject and has […]
Colborn’s Corner: What do you believe?
This month Quentin Colborn turns his attention to two recent law cases which highlight the dilemma faced when work and personal morals clash. This week has seen two newsworthy employment law cases in the press. Both relate to the legislation that protects employees from discrimination on the grounds of a deeply held religious or philosophical […]
The employer’s guide to: Immigration
Get your head around the Points Based System, sponsoring a non-EEA national and prepare for further future changes with this guide. The UK Points Based System (PBS) forms a major element in the most comprehensive overhaul of UK immigration legislation in the last 30 years. In November 2008, Tier 2 of PBS replaced the Work […]
Ask the expert: Paternity leave starts…now
If a worker is a birthing partner at a prolonged labour, where do the employers stand? Martin Brewer and Esther Smith advise on when and how paternity leave comes into effect. The question: When a woman goes into labour but does not have the baby until the following day can an […]
Are your employees at risk?
The pitfalls of not understanding business insurance were laid open by research from the British Chamber of Commerce and AXA in a survey which revealed many businesses were cutting back their cover and leaving themselves and employees vulnerable. During 2009, 36,200 businesses are predicted to fail, but having appropriate insurance can help protect a business […]
Ask the expert: Can we dictate when he takes leave?
This week an apprentice cannot be trusted. Can they be forced to take their annual leave when the boss is away? Esther Smith and Matthew Whelan advise. The question My friend employs an apprentice, who, when recently working on a job on his own, managed to cause a lot of damage, lost […]
Paternity leave – the good, the bad and the ugly
New government draft regulations promise more flexibility for parents when it comes to caring for a newborn, but is the pressure to perform at work preventing paternity leave – and your organisation – being a success? When it comes to paternity rights there seem to have been three schools of thought: the employers who recognise […]
HR Tip: Using solicitor in Employment Tribunal
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 been summoned to appear in the Employment Tribunal to defend a claim of unfair dismissal. Do you advise that we engage a solicitor or handle the case ourselves by sending […]
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 […]