Sexual harassment laws introduced with just three weeks’ notice

New anti-sexual harassment rules are to come into force on 6 April, despite only being laid down in Parliament two weeks ago. HRZone.co.uk has learnt that on 14 March, women and equalities minister Harriet Harman used a statutory instrument, that does not require a debate in Parliament, to introduce the rules which impose on employers […]

Ask the expert: Aggressive behaviour during disciplinary hearing

An employee was asked to attend a disciplinary meeting after threatening to kill another colleague; yet during the meeting he became aggressive and was escorted out. Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner at Mills & Reeve, advise on what should be done next.   The question: Following being suspended from work, […]

Employer-induced sickness: Is dismissal still fair?

Can it ever be fair to dismiss an employee for sickness incapacity when the employer has caused, or at least contributed to, that ill health? The Court of Appeal says 'yes', as employers everywhere breathe a sigh of relief. Junaid Haroon explains.   The case This is a rather sad case. Suzanne McAdie had worked […]

HR tip: Changing terms and conditions 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: "If I change someone's terms and conditions of employment, do I have to issue a new contract?" HR Tip:There is no need to do this, though you must confirm the change in […]

HR tip: Modest pay increase

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, along with several others, received only a modest pay increase this year because his section performed badly. He complained at the time but was given a clear and full explanation. Now, […]

HR tip: Disabled employee and sickness benefit

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 my employees is a disabled person who has been off sick for several months and has now exhausted his contractual sick pay entitlement. Because he is disabled do I have to […]

HR tip: Age 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:"We are uncomfortable with age discrimination constraints. How can we ensure that a candidate has the appropriate length of experience for the job if we cannot ask for minimum periods of experience in […]

HR Tip: Transfer of undertakings

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 are transferring a function out to a contractor but one of the employees affected does not wish to transfer. We have no job we can offer him. How do we stand?" HR […]

HR tip: Restrictive covenants

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: "How can I make an employee accept a restrictive covenant?" HR Tip: This could be difficult. If there is a really sound business reason for wanting the covenant, and the employee refuses it unreasonably […]

Sidelined? The disappointing maternity return. By Annie Hayes

Undermined, excluded and sidelined – these are just some of the situations working mums complain of when they return to work following a period of maternity leave. Annie Hayes reports on the emotional and legal battle. In 2006 just over half of women (55 per cent) with children under five were in the labour force. […]

HR tip: Compromise agreement

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 exactly is a compromise agreement?" HR Tip: A compromise agreement is a legally binding agreement between an employer and an employee, made usually – though not necessarily – on termination of the latter's […]

Ministers promise to cut red tape

A programme of reforms aimed at slashing the red tape blighting UK businesses was unveiled yesterday by the government. Business and enterprise secretary John Hutton said the new measures are aimed at “tackling regulation and creating a dynamic business environment”. Ministers, he revealed, will put greater pressure on regulators to review and reduce the number […]

HR tip: Resignation in face of discipline

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 managing director is more than happy if people who are summoned to a formal disciplinary meeting choose instead to resign. He does not want to jeopardise their chances of getting another […]

Ask the expert: Annual leave request refused

This week, Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner and employment law specialist at Mills & Reeve, advise on what to do when an employee has used up all their annual leave entitlement, so has the holiday request refused, and then makes it known they plan to take the week off sick […]

HR tip: Companion 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: "Our disciplinary procedure states that a shop steward is provided to attend any formal disciplinary hearing. An employee who has been asked to attend a disciplinary hearing has objected to this and […]

Single equality law considered

The government has published a green paper outlining plans for a single equality bill with the aim of simplifying and improving existing legislation. But the proposals have come under fire from both the TUC and the Disability Rights Commission (DRC) for not including employment law. Instead, the government is looking at private clubs and associations […]

HR Tip: Confidential information on employees over the phone

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: "Someone telephoned us to ask if a certain named person – one of our employees – worked here. I did not know what to do so asked them to ring back. What […]

HR Tip: Sex discrimination because we have only male engineer apprentices?

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 advised that we discriminate unlawfully because all our engineering apprentices are male. We have no objection to female apprentices but no girls apply. Surely we are therefore in the […]

HR Tip: Fixed term contracts and unfair dismissal at termination

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 I engage someone on a fixed term contract can I thereby prevent them from claiming unfair dismissal when their work comes to an end?" HR Tip: No, it is no longer possible […]

HR tip: Return from maternity leave – staff intentions

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 asked one of my employees who was going off on maternity leave whether or not she intended to return, but she told me it was none of my business. I need […]