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 […]
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 […]