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 […]
Equality in the city: Women in charge?
Equalities minister Harriet Harman was recently criticised for suggesting that the Equality Bill could be used to appoint more women to senior positions in the City. Alex Denny and Christabel Oh discuss the issues concerning ‘positive action’, one of the new measures contained in the Bill. The Equality Bill has been hailed as an important move […]
Ask the expert: Dyslexia and reasonable adjustments
An employee with less than a year’s service was dismissed following an assessment which found she had mild dyslexia. Reasonable adjustments were suggested which the employer disregarded. Esther Smith and Matthew Whelan advise on whether the employer’s actions were justified. The question We have an employee, with less than 12 months’ service, who was under-performing and making errors […]
HR tip: Appeal problem
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 am the manager of a small UK operation of an American conglomerate and my boss is in America. I handle all disciplinary matters including giving warnings and dismissing. But what should […]
Paternity leave plans put on hold
Proposals to let parents share a year of leave to help raise a child have been put on hold by business secretary Lord Mandelson, due to the economic crisis. Despite backing by Equality Minister Harriet Harman, the plans to extend paid maternity leave to 12 months and allow fathers to share up to six months […]
The Equality Bill: HR and employment-related implications
Debra Gers outlines why employers must ensure they are aware of the implications of the Equality Bill, which was published in April, including issues such as gender pay monitoring and positive action. The Equality Bill 2009 was published in April and attracted media interest and, it is fair to say, some controversy too. The purposes of the Equality […]
HR tip: Termination arrangement for struggling employee
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 long-serving employees is struggling to cope with work. We had no intention of dismissing him but he has said that he would like to leave and would do so […]