Legislation update: Imposing religious views on others at work
In recent weeks there has been more than one story in the news regarding employees who express their religious views whilst at work. Richard White examines a recent case, in which an employee was dismissed for imposing his religious views on service users whilst carrying out his duties. Chondol v Liverpool City […]
Disability discrimination: Lack of knowledge defence
The Employment Appeals Tribunal (EAT) has delivered a new judgment setting out what prior knowledge of a disability an employer should have if they are to be held liable for discrimination. Charles Price explains. Under the Disability Discrimination Act (DDA) 1995, the definition of a disability is as follows:“A person has a disability for the […]
HR tip: Following disciplinary procedure
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: "With changes in the law approaching, do we still have to follow the discipline procedure?" HR tip: Until the law changes in April you must adhere rigidly to the existing statutory procedures. […]
HR tip: Changing terms of employment after TUPE
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 month ago a group of employees was transferred to our company under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). We would like to bring their terms and conditions of […]
HR tip: Dealing with a poor performer
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 an employee whose performance is well below par. What can we do with him?" HR tip: You should talk to him, explain the performance required, point out the performance he […]
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 […]
