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 […]
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 […]
