Snow day and the employment implications of adverse weather conditions

There are a number of circumstances where employees may be prevented from attending work through no fault of their own. This time of year it’s usually due to poor weather conditions or transport problems.  Indeed, this is the scene that one of our consultants faced this morning…

 

 

What’s important in an employment context is to ensure that all parties know their own responsibilities, whether through a policy, internal briefing note, departmental meetings, notice boards or [...]

By |February 27th, 2018|HR / Employment Law News|

When disciplinary processes go wrong, Part 1 – Undue Influence

The first instalment in our blog series looking at how to deal with disciplinary proceedings. Does the HR team exert too much influence on the eventual outcome of a disciplinary process?

There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us [...]

By |February 26th, 2018|HR / Employment Law News|

Do you have to follow due process when dismissing an employee with less than 2 years’ service?

We can’t tell you how many times we’ve been asked this question…but it’s a lot! Therefore, we thought it was about time we put our answer down in black and white.

First and foremost, it’s commonly known that employees need to have chalked up two years’ service in order to be able to claim ordinary unfair dismissal.

That said if the disciplinary procedure is contractual and it’s not followed during the dismissal process, the employee could [...]

By |February 23rd, 2018|HR / Employment Law News|

How to produce a Gender Pay Gap statement

The Gender Pay Gap Regulations were introduced in April 2017, and required large private and voluntary sector employers (i.e. those with 250 employees or more) in England, Wales and Scotland to take a snapshot of pay and bonuses as at 5 April 2017 (31 March 2017 for public sector organisations), then publish a report on their own and government websites within 12 months indicating the differences between the average pay and bonuses of male [...]

By |February 23rd, 2018|HR / Employment Law News|

Redundancy, pregnancy and maternity leave

How should an employee on maternity leave be treated in the context of a pending redundancy exercise?

By and large, she should be treated the same as other affected employees. However, there were also certain areas where she should receive preferential treatment.

Under Section 18(6) of the Equality Act 2010, the period from the beginning of pregnancy to the end of maternity leave (ordinary and additional) is defined as a ‘protected period’ during which direct pregnancy [...]

By |February 19th, 2018|HR / Employment Law News|

Download our free GDPR guide

We recently hosted a half-day seminar to prepare employers for implementation of the General Data Protection Regulations (GDPR) in May. Delivered in partnership with Smarter Technologies Limited, the areas covered included:

 

Why you have to comply with the GDPR and what might happen if you don’t.
What can go wrong if you have poor data security and how to avoid it.
The GDPR’s direct effect on your business and what you should consider [...]

By |February 15th, 2018|Uncategorized|

How to conduct a reasonable disciplinary investigation

A reasonable disciplinary investigation is a cornerstone of a fair disciplinary procedure. Without it, any related dismissal is likely to be deemed unfair by an Employment Tribunal.

Tribunals consider the principles derived from the case of British Home Stores Limited v Burchell [1978] IRLR 379, when considering the fairness of any dismissal.

To establish fairness in a conduct dismissal case, an employer must be able to demonstrate that at the time of dismissal:

 

It believed the [...]

By |February 9th, 2018|HR / Employment Law News|

Are young people entering the world of work being hung out to dry?

Recently, we advised a client on a potential workplace bullying issue involving a handful of apprentices. Whilst we’re not ones to downplay how seriously such allegations should normally be taken, we were also keen to point out that those concerned were fresh out of full-time education and probably lacking in experience when it came to knowledge of what’s acceptable and what’s not in the workplace.

Although pranks played on a fellow student could have resulted [...]

By |January 17th, 2018|HR / Employment Law News|

EAT upholds finding of disability discrimination against non-disabled claimant

In a case that illustrates just how far discrimination legislation has come, the EAT has determined that a police officer was subjected to unlawful discrimination under the Equality Act 2010 on account of a disability she was perceived to have as opposed to a disability she actually did have.

 

The facts:

Lisa Coffey, a serving officer, brought a tribunal claim against Norfolk Constabulary after being refused a transfer on the basis that her hearing loss meant [...]

By |January 12th, 2018|HR / Employment Law News|

“National Sickie Day” fast approaching

The winter period can be one of the most challenging periods for staff absenteeism, with employees adversely affected by a combination of winter bugs, flu, hangovers and the post-holiday blues.

According to statistics, this period peaks on “National Sickie Day”, the first Monday of February, which is apparently the worst day of the year for calling in sick.

With this date now on the horizon, it seems like a good time to consider some interesting sickness-related [...]

By |January 9th, 2018|HR / Employment Law News|