Ask the expert: Compromise agreements

An employer is managing out some poor-performing employees. However it is proving to be a time-consuming exercise, and would like to offer them a compromise agreement instead. Adam Partington and Esther Smith advise.   The question   We have a situation whereby three managers in the business are failing to deliver in a number of areas. We have […]

Job interviews: Careless talk costs your business

Many managers do not realise that some of the questions they ask during interviews are unlawful. Pam Loch and Chloe Pereira explain how to avoid the interview trap. Many managers carrying out interviews focus not only on the skills of the candidate concerned, but also on their ‘fit’ for the business. Will they get on with […]

Ask the expert: Redundancy and restructuring

An employer plans to make redundancies and is considering making their part-time worker redundant, rather than the full-time employees. Martin Brewer and Esther Smith advise on following a fair procedure.       The question:  We are looking at restructuring our field staff. We currently have two full-time and one part-time staff covering all of the UK. […]

What is the cheapest way to obtain legal advice?

The government has announced its plans to regulate the ‘no-win, no-fee’ payments to solicitors. Charles Price examines this further and advises on a certain kind of company insurance that offers free legal advice.     This month a paper was produced which may inhibit those seeking to pay lawyers on a no-win, no-fee basis. Some […]

Ask the expert: Notice period when dismissed for misconduct

A sick employee stated on Facebook that she was out socialising on the night of one of her sick days, and she was dismissed immediately. Matthew Whelan and Esther Smith advise whether she is entitled to pay in lieu of notice.   The question   We recently dismissed an employee after she was off sick for […]

Legislation update: Reasonable adjustments and disability discrimination

A recent case highlighted that a dismissal can be rendered an act of disability discrimination if an employer fails to make reasonable adjustments. Richard White considers this case further.       The facts   In the recent case of Fareham College Corporation v Walters, the Employment Appeal Tribunal held that a dismissal can be an act of […]

Default retirement age review to take place in 2010

A review of the default retirement age is to be brought forward by a year, the government has announced. The review had been expected to take place in 2011, but will now take place next year in response to changing demographic and economic circumstances, ministers said.   Denise Keating, chief executive of leading age campaigners […]

Ask the expert: Dismissed on capability grounds

An employee, who was signed off work due to stress and depression, was dismissed on capability grounds after 10 years’ employment. Martin Brewer and Esther Smith advise if this was fair.     The question:  I have been working for a company for just under 10 years and just before Christmas, I went off work […]

Colborn’s Corner: Pay and benefits – will they ever be the same again?

This month Quentin Colborn addresses the issue of the employee relations legacy that is being built for the future. In the news this week, we read of BA staff apparently rejecting a deal that would have resulted in pay cuts as part of the plan to get BA onto a firmer financial footing. They are […]

Ask the expert: Maternity leave job changes

An employee has returned from maternity leave to a much lesser role and feels sidelined. John Brandon and Esther Smith advise on what her options are. The question   I have recently returned to work from 26 weeks’ maternity leave. During my leave, maternity cover was sought, which started in April, and I returned to work in May. […]

Government ‘whistleblowing’ consultation begins

The government today begins a consultation on how employment tribunals can pass on details about whistleblowing cases to appropriate regulators. The measure is being created to help make it easier for regulators to assess whistle blowing claims and decide whether further action needs to be taken. In addition, the consultation aims to create a clear […]

Ask the expert: Investigation into a complaint

An employer has received a number of complaints against an employee from one of their customers, yet has questioned the impartiality of the complaints. Martin Brewer and Esther Smith advise on whether this should go to a disciplinary hearing.   The question:  The company received a complaint from one of our service users (a recreational club) […]

Childcare vouchers: Parents and employers need a break

Businesses were recently advised to withdraw from the government’s childcare vouchers scheme, as a result of an equal opportunities European ruling last year. Pam Loch and Wendy Hayes explain where this leaves employers now. Since the birth of the childcare voucher scheme in 2005, around 20% of employers have set up arrangements for their employees enabling them to sacrifice […]

Abercrombie & Fitch accused of ‘lookism’

US clothing firm Abercrombie & Fitch is being taken to an employment tribunal after a sales assistant claimed that she was made to work in the stockroom because her prosthetic arm did not fit the shop’s image. Riam Dean, a 22-year-old law student, is suing for disability discrimination and seeking up to £20,000 in damages […]

Ask the expert: Sending home without pay

An employer has a clause which states that staff who are late for a shift, resulting in cover being brought in, will be sent home and not paid. Matthew Whelan and Esther Smith advise whether this is legal. The question   We are currently reviewing our disciplinary rules and we have a clause which states that […]

Legislation update: Climate change and philosophical beliefs

Richard White discusses a recent case in which the employment tribunal held that an employee’s belief in climate change could be considered a religious belief, rather than an opinion.       In the recent case of Nicholson v Grainger PLC and others, the employment tribunal held that Mr Nicholson’s belief in climate change could […]

The Stringer case: Much ado about nothing?

The long-awaited House of Lords decision on the Stringer v HMRC case was issued on 10 June 2009. However the judgment did not deliver the expected outcome on long-term sickness and statutory annual leave. Pam Loch considers the case further.     The background     The House of Lords decision in Stringer and others (which includes Ainsworth) […]

Sick to fit: The optimistic angle to employee sickness

Simon Collingridge and Rachel Watkins provide an update and explanation on the government’s ‘fit note’ initiative, as well as clearing up the confusion between statutory and company sick pay. The practice of an employee providing their employer with a sick note has been in place since 1948. The employer’s policy will usually explain to the employee when […]

Ask the expert: Return from maternity leave

A maternity returner failed to give the required eight weeks’ notice to confirm her wish to return to work, and wants to decrease the days she works, which may not fit the needs of the business. Martin Brewer and Esther Smith advise on how to reach a compromise.     The question:  I have a bit […]

HR tip: Unfair versus wrongful dismissal

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, if any, is the difference between unfair dismissal and wrongful dismissal?   Answer:  They reflect the why and how of dismissal respectively. Dismissal is unfair if it is for reasons other […]