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 […]
What’s the answer? Teletoddler
Alanna King gets legal guidance this week from Martin Brewer, a Partner with the employment team of Mills & Reeve and Helen Badger, employment law expert at Browne Jacobson on whether to allow an employee to access a nursery web link whilst at work. The question:I have been asked by an employee to allow access […]
What’s the answer? TUPE with less than 12 months service?
Chris Burgess gets legal guidance this week from Martin Brewer, a Partner with the employment team of Mills & Reeve and Helen Badger, employment law expert at Browne Jacobson on whether TUPE rules apply where employees have less then a year’s employment service with the same employer. The question:We are a small company of 16 […]
Off the record: Dealing with employees on long-term sick leave
Sick pay malingerers can be a real drag especially with cases that are dubious and over the long-term cause administrative headaches and a serious dent in productivity and the bottom line; Daniel Isaac, partner in the employment team, at City law firm Withers explains how to deal with ill-health. There are two types of employee […]
What’s the answer? Worker covering maternity leave is pregnant
Linda Hunt gets legal guidance this week from Helen Badger, employment law expert at Browne Jacobson and Martin Brewer, a Partner with the employment team of Mills & Reeve on how to deal with a succession of pregnant employees. The question:We have someone covering for an employee on maternity leave, they have only been here […]
What’s the answer? Maternity leave and redundancy… continued
Helen Badger, employment law expert, Browne JacobsonThere is no specified period for which an employee has to work for her employer after maternity leave before an employer can dismiss on the grounds of redundancy. However, an employee on maternity leave or due to return from maternity leave does have some additional protection over and above […]
What’s the answer? Maternity leave and redundancy
An HR Zone member gets legal guidance this week from Vanessa Di Cuffa, Solicitor at Mills & Reeve and Helen Badger, employment law expert, Browne Jacobson on whether it is legal to make an employee redundant whilst on maternity leave. The question:“We have a marketing administrator going on maternity leave at the end of May. […]
HR Tip: Custom and practice
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: “Although our contracts of employment require people to work nine to five Monday to Friday they leave at about 4.00 pm on Fridays. Can we bring them back to a 5.00 pm […]
What’s the answer? Docking pay/paying late
Michelle M gets legal guidance this week from Helen Badger, employment law expert at Browne Jacobson and Martin Brewer, a Partner with the employment team of Mills & Reeve on the law regarding pay. The question:“Can an employer dock an employees pay by £5 for turning in their timesheet late? “Also, can the employee be […]
HR Tip: 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. Q: “A man has applied for a job. If he gets it he will be the only man in a workroom of forty women. This seems hardly fair. What should we do?” A: […]
