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 […]
Legislation update: Stress at work – ignore at your peril
A recent case has shown that the mere presence of support services is not adequate if an employer wants to avoid being held liable for stress at work. Richard White considers this case further. The leading case in the area of stress at work is Hatton v Sutherland in which the Court of […]
The drive towards equality in the workplace
Cases involving discrimination on the grounds of age, religion and belief or sexual orientation are on the increase. Pam Loch discusses the opinion as to whether some equality rights are more equal than others. Since 1975 and the introduction of the Sex Discrimination Act, there have been many challenges in tribunals and courts which have clarified […]
Ask the expert: Dismissal process with less than one year’s service
An employee, with just five month’s service, is not performing well and the employer wants to dismiss him. Esther Smith and Matthew Whelan advise on the correct process to follow. The question: If a member of staff has less than one year’s service (only five months in fact), can we dismiss him without following a […]
HR tip: Loss of driving licence for sales staff
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 sales representatives has been banned from driving for six months. Does this mean that we can dismiss him?" HR tip: Not automatically. First make sure that you have the […]
HR tip: Burden of proof
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 have every reason to believe that an employee has been stealing stock but not absolute proof. Does this prevent us from taking formal disciplinary action against him and sacking him?" HR […]
Start studying: Employment law round-up
From changes to the flexible working laws and statutory holiday allowance increases to amendments to the disciplinary and grievance procedure, April is set to be a busy time. Verity Gough speaks to the experts to find out which key laws HR needs to get its head round. This spring a series of […]
HR tip: Moonlighting
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: "Can we prevent our full-time employees from taking on evening work with other employers, for example taxi driving?" HR tip: Really there are only three common circumstances in which you can impose […]
Overcoming age bias in recruitment
In the current economic climate, both older and younger individuals face even greater difficulties than usual in obtaining or changing jobs. Dianne Bown-Wilson comments on how improvements to the recruitment process might help cut down on age discrimination. Age discrimination in employee recruitment continues to be rife despite legislation which should by now have resulted […]
HR tip: A problem of 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: "I have just joined a company to head up manufacturing. One section of the operation involves a group of people working in a hot, noisy, smelly and generally highly unpleasant department, cut […]
