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 […]
HR Tip: Appeal against Employment Tribunal decision
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: "We lost a case of unfair dismissal in the Employment Tribunal. We believe that the Tribunal did not take fully into account the difficulties under which we have to work. Can we […]
What’s the answer? Withdrawing a verbal offer of employment
Claire Paton gets legal guidance this week from Sarah Bird, employment law expert at Browne Jacobson and Martin Brewer, a Partner with the employment team of Mills & Reeve on how to make a u-turn on a verbal offer of employment. The question:If I have made a verbal offer of employment and the individual […]
HR Tip: Notice for senior 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. Q: “What notice periods should we write into senior staff contracts?” A: That is entirely up to you and the employee to agree. There is no requirement for senior staff to be put on […]
HR Tip: Instant 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: “When can we instantly dismiss someone?” HR Tip: Hardly ever. For the worst kind of offence you can dismiss without notice but before doing so you must thoroughly investigate and then conduct […]
HR Tip: When to issue 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. Q: “Exactly when should we issue written statements of terms and conditions of employment?” A: Every employee with one month of service is entitled to a written statement of terms and conditions of […]
Moves To Close ‘Bank Holiday Loophole’
Employers who force workers to count bank holidays as part of their 20 days’ statutory paid leave could find their hands tied if government plans to close the loophole get the go-ahead. The DTI has launched a consultation on whether to increase the statutory 20 days’ paid leave to 28 days. Although employers would not […]