Legislation update: Part time workers miss out on bank holidays

Georgina Folkes, solicitor at Withy King, explains the legal issues surrounding part time employees and bank holidays.   Four of the UK's eight bank holidays always fall on Monday (Easter Monday, May Day, Spring Bank Holiday and August Bank Holiday). One is always on a Friday (Good Friday) and the other three vary. For some […]

HR Tip: Deductions from final wages for company clothes

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 resigned rather suddenly and left the premises but he has not returned his company overalls. Can we deduct the cost of the garments from his final wages payment?" HR […]

Ask the expert: Can I be forced to change jobs?

Can an employee be forced to return to their old job when their current position becomes redundant? Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner and employment law specialist at Mills & Reeve, advise.   The question:I started working for my present company as a press operator working three shifts. Last year I […]

HR Tip: Sex discrimination in warehouse

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 only employ men in our warehouse because the work is largely heavy lifting and humping. We believe that this is fair to women and is not discriminatory. Would appreciate you confirming […]

HR Tip: Custom and practice on employees leaving early

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 recently took over a new department in our large organisation, which is in a building outside and a little way from the main site. The employees' contracts of employment are almost […]

HR Tip: Disclosing employees’ birthdays

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 someone asks for the date of birth of a colleague and says that it is because they want to send a birthday card we give them the day and month but […]

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 interview I find it difficult to listen and write at the same time. We are a small organisation and the only people I could bring in to take notes […]

HR tip: Disciplinary and the police due to criminal damage

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 entered the site unlawfully at the weekend and caused criminal damage. A neighbour saw this and called in the police who are charging him with an offence. Must […]

HR Tip: Employee resignation in a temper

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 had a blazing row with his manager in the middle of the afternoon, told him he had had enough of his job, stormed out of the office and went home. […]

HR Tip: Implied terms of 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: "What are "implied terms" in a contract of employment?" HR Tip:They are terms that have not been expressed orally or in writing but nevertheless form part of the contract of employment. Some […]

HR Tip: Issuing contracts of employment to employee with no contract on record

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 who has been with us for several years is now demanding his contract of employment. We almost certainly issued one when he joined us but we have no record. How […]

HR Tip: Unfair and 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: "Are unfair dismissal and wrongful dismissal the same thing? We tend to use the terms interchangeably." HR Tip: They are quite different. Unfair dismissal relates to the "why?", the reason for dismissal. Dismissal […]

Ask the expert: Resigning after suspension

An employee has been suspended from his job, pending a disciplinary hearing. Should he resign to protect himself from receiving a poor reference or stick around and fight it out? Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner and employment law specialist at Mills and Reeve, offer legal advice.   The question: I […]

HR Tip: Confidential witness statements from colleagues

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 been told by two of our employees that one of their colleagues committed a serious breach of our strict health and safety regulations, which put the safety, and perhaps even […]

HR Tip: Ending a fixed term 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: "Can I end a fixed term contract prematurely?" HR Tip: A fixed term contract may include a clause giving either or both parties the right to terminate it before the expiry date by […]

Ask the expert: Grievance or not?

An employee readily agreed to cover for sickness absence but later resigned and is now claiming constructive dismissal on the grounds of bullying and harassment. How should this be treated? Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner and employment law specialist at Mills and Reeve, offer legal advice. The question:We recently asked […]

Breaking up fights: Doing it better. By Dan Martin

Following the launch of a government review of the UK's employment dispute resolution procedures, HR Zone business editor Dan Martin asks experts what needs to be done to improve the process. The rules More workplace disputes should be resolved internally within organisations, the government claimed in October 2004 as it unveiled a range of measures […]

Dismissal Q&A

Dismissing an employee is never an easy task and it is vital that employers ensure they take the necessary steps to stay on the right side of the law. Paula Matheson, Senior Employment Law Advisor of Empire HR, provides advice to employers on how to deal with this potentially sticky situation.     Q: I […]

Ask the expert: Challenging sickness claims

Can an organisation force an employee to take a blood test to prove his illness is genuine? Martin Brewer, partner and employment law specialist at Mills & Reeve, and Esther Smith, partner at law firm Thomas Eggar, explain.   The question:"We have an employee who went on extended annual leave (three weeks, two days) for […]

HR Tip: Multiple sclerosis and DDA

These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications. Q: “An employee has been diagnosed with MS. It is not obvious to anyone at work at present but is likely to become so as it develops. At what point does she become protected […]