Regulatory references: the new rules of recruitment for the financial sector

On 7 March 2017, the recruitment practices of banks and insurers are changing with the introduction of mandatory regulatory references. It is expected that these rules will be rolled out to all PRA and FCA authorised firms in due course, but no firm date has been set at the moment. The basic premise of regulatory […]

Freedom of expression, or not – what are the risks of using social media at work?

As well as individuals, most businesses now have their own social media presence, but these new channels bring their own potential problems. In this series, Social media policy & law: a guide for HR, we'll share some examples of employee misbehaviour, changes to law & organisational policy off the back of these incidents, and what […]

The changing face of HR legislation – are you keeping up to date?

Recent years have seen the role of the HR professional evolve. Job descriptions have expanded, remits changed and priorities shifted. But despite these changes, compliance with legislation has maintained a steadfast presence on any HR professional’s radar. With stricter legislation coming in, impacting employees and the businesses alike, it falls to the HR team to […]

The case for and against: should we get rid of unpaid internships?

There are plenty of contentious issues in HR and the workplace, and we think it's important to get a balanced discussion going on some of the bigger questions out there. In this series, we'll be asking HR experts and practitioners to give us opposing viewpoints on a key issue, and we welcome your input too! […]

Tackling bribery and corruption: where are the gaps for HR to fill?

In February this year, the Serious Fraud Office obtained its first successful conviction against a company under section 7 of the Bribery Act 2010. Sweett Group PLC pleaded guilty to a charge that it had failed to prevent an act of bribery by a subsidiary company that was intended to secure and retain a contract. […]

We can do this the easy way or the hard way…

Acas’ latest policy paper. ‘The road less travelled? Taking the informal route to conflict resolution’, encourages managers to use emotional intelligence to resolve problems at work before they get out of hand. But what challenges does the informal route present and are we equipped to come out the other side in one piece? Why is […]

Zero-hours contracts – friend or foe?

Zero-hours contracts have received a lot of attention in the press over the past couple of years. Generally speaking, ‘zero-hours’ means contracts where the employer doesn’t guarantee the individual any hours of work. We’ve also seen some high profile cases of businesses using (and ‘abusing’) zero-hours contracts. The criticism in some of these specific cases […]

How to deal with frequent short-term absences

Absence of any kind can cause headaches for employers. Even the odd single day off can have a significant impact; absence does not need to get to the ‘long-term’ stage before it becomes a problem. Short term absences can be a result of a number of different reasons, such as short term sickness absence, unauthorised […]

How should I conduct a disciplinary procedure?

Every business should have a disciplinary procedure to help employers deal with situations of misconduct or poor performance in the workplace. While some employers may have a separate capability procedure, others may address performance issues under their disciplinary rules. Implementing a good disciplinary procedure will promote fairness and transparency across the workforce, as it ensures […]

Whistleblowing – what actions can employers take?

It seems that employer’s actions regarding whistleblowing – also known as a ‘public disclosure’ – have never been more under scrutiny. For the past couple of years, stories of whistleblowing in the NHS have been so prevalent that special new laws applicable only in the NHS are being introduced to protect its workers who have […]

Legal highs: the impact on the workplace

The use of ‘legal highs’ is on an upward curve in England, Scotland and Wales and the effects are worrying, with 129 deaths in 2014 where new psychoactive substances were implicated. For business, figures show that one third of employers see drug or alcohol use in the workplace as a problem, while half believe that […]

Working time: includes traveling to appointments?

What is working time? It sounds like a simple question doesn’t it? However, the Regulations governing this question are complex, and have given rise to a considerable amount of litigation. The latest litigation concerns travel time to first and from last customers of the day and for those who do not have a fixed or […]

Can you immediately dismiss an employee for gross misconduct?

A summary dismissal should only be used in a situation so severe that it can bypasses the usual disciplinary procedures every organisation should have in place. These disciplinary procedures usually provide that employees will not be dismissed for a first misconduct offence and will instead receive warnings increasing in severity up to dismissal. However, an […]

Work violence: does different treatment make dismissal unfair?

If an employee has two years’ service, then when considering a dismissal relating to conduct, an employer needs to act reasonably in the investigation, the process, the conclusions and the sanction imposed. One of the things that an employer also needs to consider is consistency of treatment. Inconsistency in punishments for misconduct may give rise […]

EU ‘snooping’ ruling: it’s about trust, not rights

News of Europe’s top court ruling that an employee whose boss read his messages had not had his rights violated this week has sparked much discussion. I believe that looking past the headlines, this is more an issue of organisations developing a trust culture than instilling one of fear through ‘big brother’ style surveillance. For me, […]

EU ‘snooping’ ruling: the neuroscience of snooping on staff private messages

Neuroscience is now providing a source of insight into understanding human behaviour, with its methods of generating images of how our brains are functioning. These methods and images are invaluable tools with which to understand ourselves, including how we interact at work and how we respond to the rules and norms of work place policy. […]

EU ‘snooping’ ruling: is it even morally ok to snoop on staff?

The European Court of Human Rights (ECHR) recently ruled that an employer was within its rights to read the Yahoo Messenger chats of one of its employees, as the employee had broken company rules. It’s been legal for quite some time now for employers to read their employees communications – within reason. UK law says […]

EU ‘snooping’ ruling: your questions answered

A new European Court of Human Rights (ECHR) ruling allows employers to read workers' private messages sent via chat and email software during working hours. But what are the real implications for UK employers? Here are five questions answered by an employment lawyer to help bring you up to speed. Jamie Lawrence, Editor, HRZone: Does this […]

Legal advice: fighting at the Christmas party

Layla Bunni is a senior associate, specialising in employment law at Starr & Partners LLP. She advises on a wide range of both contentious and non-contentious employment issues. Her legal advice column continues: this month an office Christmas party has turned into a brawl. What action should be taken? It’s that time of year again, and […]

Can an employee’s contract of employment be changed once signed?

It is not unusual for a change to employees’ terms and conditions to present itself in an employment relationship. These changes can arise due to a number of reasons, for example, an employer may wish to reorganise their business structure or workforce so that it is more economically efficient. When an employer finds themselves in […]