Ask the expert: More notice than we wanted
If a contract says four weeks’ notice but an employee gives more, do you have to let them work that notice? Matthew Whelan and Esther Smith advise. The question: We have an employee who has handed in his notice, giving three months’ notice. His contract states he only has to give four weeks. […]
HR tip: Change of conditions
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: If we change one of someone’s terms and conditions of employment, do we have to confirm it in writing or is the fact that he starts to work under the new term […]
Legal update: Third party disability discrimination
Recently an employee took her employer to tribunal after claiming that she was discriminated against, not for herself but on the basis of her son’s disability. Richard White, specialist employment solicitor at Withy King considers this case further. Although disability discrimination in the work place is often highlighted in the news and is an issue […]
Employing disabled people
The subject of employing disabled people is one that is likely to raise a number of concerns amongst employers. Unfortunately, most of these concerns are based on misinformation and prejudice. Jane Hatton, Managing Director of specialist training company The Diversity People (and who has herself become disabled) helps to put the record straight. Recruiting and […]
Ask the expert: Family business in breach of equal opportunities?
Is this small family business breaching equal opportunity legislation by employing family members automatically? Matthew Whelan and Ester Smith advise. The question: A small family business (circa 8 staff) employs predominantly family members. The business’s objective is primarily to provide jobs/earning capability for family. Business does employ non family members and does not […]
HR tip: Christmas overtime rates?
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: What rates of overtime are payable for working on Christmas Day and Boxing Day? Reply: Unless you are subject to some form of collective agreement that determines these matters, the matter is […]
Ask the expert: Ex-employee still haunts us
This week a troublesome ex-employee is still causing issues. How should they be handled? The question: I have an ex employee who is now requesting a copy of their signed contract of employment. The employee left the company on bad terms. Their contract was terminated within their first year of employment for […]
Are MPs opening the floodgates for unfair dismissal claims?
Brian Rogers, head of compliance at law firm Lewis Hymanson Small, argues that the recent announcement that MPs can no longer have members of their family working for them will have far reaching implications for HR professionals and businesses across the UK. The proposals have not detailed how family members will be sacked and if […]
Unscrupulous employers take advantage of work experience ‘slaves’ to the tune of £214m
The desperation to gain work experience to become more employable in the midst of the worst youth unemployment since 1993 has led to many employers illegally taking advantage of students and young people. A study of nearly 2000 students has found that 16% have worked unpaid hours for an employer in the last year in […]
Ask the expert: Pregnant during a fixed term contract
This week, a contracted worker has announced pregnancy, but still expects to come back after maternity leave to finish the months she missed. Is this correct? Matthew Whelan and Ester Smith advise. The question: I have an employee who announced she was pregnant within one month of commencing a 12 month fixed term […]
Pensions update: Retirement planning for non-doms
New rules for non-domiciled individuals – avoid the minefield with Gillian Everell’s guide. As a result of the new rules for non-domiciled individuals the UK taxation treatment of certain investments (especially retirement planning vehicles such as personal or occupational pension arrangements) may prove a minefield for those who will for the first time be paying […]
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 […]
