Colborn’s Corner: Managing redundancies

Reports from the CIPD and many other commentators suggest that the growth of job losses will continue, indeed may speed up, in the new year. So Quentin Colborn asks, what will be the implications for HR teams? How well geared up are we to handle large-scale job losses?       Plenty has been written […]

HR tip: Qualifying to claim unfair 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: "Following a full investigation and properly conducted disciplinary interview, we dismissed a man for gross misconduct. At that point, he was actually one week short of one year's service. He has told […]

HR tip: Gross misconduct v misconduct

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: "When does misconduct become gross misconduct?" HR tip: Gross misconduct is any action that strikes at the heart of the employment relationship and makes its continuation impracticable. You should give examples in […]

HR tip: Withholding statutory sick pay

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 strongly suspect the sickness absence claims of one of our workers. Are we entitled, therefore, to withhold SSP?" HR tip: You need to discuss the matter with the employee and investigate […]

HR tip: How long should disciplinary warnings last for?

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: "For how long should disciplinary warnings last?" HR tip: Anything less than a final warning ordinarily should last for no longer than six months. Usually final warnings last for 12 months but […]

HR tip: Entitlements on gross misconduct

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: "When we dismiss someone for gross misconduct, we stop their pay and do not give them anything for unused holiday entitlement or accrued bonus. We have been challenged on this. How do […]

HR tip: Custom and practice – starting time being changed

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: "Our contracts of employment state that our office hours are 9am to 5pm, Monday to Friday, but our previous general manager has, for the last three years, allowed everyone to leave at […]

HR tip: Implied contractual terms

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 are implied terms?" HR tip: Express terms are those that have been explained to the employee, for example by being set out in the offer letter, contractual statement or employee handbook. […]

HR tip: Dyslexia – a disability?

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: "Is dyslexia a disability under the Disability Discrimination Act?" HR tip: An employee is protected by the Disability Discrimination Act if he or she has a physical or mental impairment, which has […]

HR tip: Demands for contractual statements

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: "An employee has demanded a copy of his contract of employment although he was issued with one when he joined us some years ago. What should we do?" HR tip: There are […]

HR tip: A new fair reason for 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: "I always understood that there are five reasons for fair dismissal, but have just been told that there are six. Is this so?" HR tip: Yes. For many years the five reasons […]

HR tip: Heavy lifting and sex 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:"Our warehouse staff are required to carry out a great deal of heavy lifting, so as a result we tend to recruit only men. Is this a problem? We may be discriminating but […]

Credit crunch leads to increase in county court judgments

County court judgments have risen by 500% over the past two years, signalling further corporate distress in the UK and a rise in company insolvencies. According to the latest Business Credit Index, published by the Credit Management Research Centre (CMRC) at Leeds University Business School, the early signs of financial stress in the corporate sector […]

HR tip: Making notes in disciplinary hearings

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:"In a disciplinary hearing I find it difficult to listen, think, and make notes, all at the same time. Any suggestions please?" HR tip:Don't do them all at the same time. Listen until […]

HR tip: Reinstatement and re-engagement in tribunals

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, as seems likely, we lose a case of unfair dismissal at an upcoming employment tribunal, and the tribunal requires us to take the employee back, are we obliged to do so? And […]

HR tip: New recruit fails to arrive

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 recruited a man and waited for him to serve his notice with his current employer. However he has failed to turn up to work. What can we do?" HR tip:Contact him and […]

HR tip: Employing husband and wife in same unit – sex 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:"A woman has applied for a job in the same small section as her husband. We are not comfortable with this. Can we do anything?" HR tip:No, it would be a breach of […]

HR tip: Does raising standards require new contract?

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 recruited a supervisor who left after six months' service. We now discover that the standards of both behaviour and productivity dropped during the period he ran his section. We need to bring […]

Resigned or dismissed? How the law sees it

When there is confusion as to whether an employee has resigned or been dismissed, how is it seen in the eyes of the law? Barrister Charles Price explains.   It is often not clear whether an employee has resigned or was dismissed, and it has been held in law that where an employee is told […]

Laying down the law: Legislation roundup

The April legislation amendments are upon us again. Matt Henkes takes a look at the changes you need to know about.   As the 6 April regulatory implementation date approaches, it's time for HR to make a last quick check that it's not going to trip over some hidden snag. With a number of easily […]