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 […]
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 […]