HR / Employment Law News

mitigating factors

When disciplinary processes go wrong, Part 6 – Mitigating factors

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 to set out the main reasons why in the hope that we don’t have to hold the receiver away from our ears for fear of deafness as much in future. We’ll do this in a series

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19th March 2018

Stand-by timekeeping watch

What does the recent ECJ ruling on ‘stand-by’ time mean for UK businesses?

If a worker’s obligation to remain physically present at a place determined by their employer limits that worker’s opportunities to devote him or herself to personal and social interests, that time should be regarded as ‘working time’ for the purposes of the Working Time Directive. This is a recent ruling from the European Court of Justice (ECJ) in a case brought by a Belgian fire fighter and has implications for UK employers who operate on-call or stand-by systems of work,

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14th March 2018

tribunal claims

MoJ stats indicate staggering increase in employment tribunal claims

Following the Supreme Court’s decision back in July 2017, which concluded that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 was unlawful and that the fees set out therein should no longer be charged, the Employment Tribunal has seen a significant rise in the number of claims submitted. The Ministry of Justice have now released statistics for the period from October to December 2017 which show a staggering increase of 90% in claims (not including those where the

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13th March 2018

minimum wage

Restaurant chains named and shamed for failing to pay minimum wage

Are you paying your staff in line with the National Minimum Wage? Are you sure? Some 43 employers from the hospitality sector have appeared on the government’s latest list of companies, for having failed to pay their staff the National Minimum Wage. Among those on the list are Wagamama and TGI Fridays, both of whom fell foul of the legislation as a direct result of their uniform policy. It stands to reason that if you require staff to contribute to

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12th March 2018

accompanying person

When disciplinary processes go wrong, Part 5 – The accompanying person

Who can accompany an employee to a disciplinary investigation? Can an accompanying person help or hinder an investigation? Find out more in this latest post in our disciplinary series. 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 to set out the main reasons why

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7th March 2018

When disciplinary processes go wrong, Part 4 – Allegations, evidence and forewarning

The fourth in a series of blogs looking at elements of the disciplinary process. Here’s what to expect at a disciplinary hearing. 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 to set out the main reasons why in the hope that we don’t have

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5th March 2018

choice of chair

When disciplinary processes go wrong, Part 3 – Choice of Chair

Part three of our blog series on managing the disciplinary process. What can happen when you appoint the wrong person as Chair of an investigation, disciplinary and/or appeal? 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 to set out the main reasons why in

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1st March 2018

historical warnings

When disciplinary processes go wrong, Part 2 – Historical Warnings

Part two of our blog series containing advice for employers dealing with disciplinary proceedings. Should you take historical disciplinary warnings into account when deciding to dismiss? 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 to set out the main reasons why in the hope

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27th February 2018

weather

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. 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 a newsletter. Key line management responsibilities include… ensuring that adequate and appropriate communications and reporting mechanisms are in

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27th February 2018

undue influence

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 to set out the main

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26th February 2018

due process

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 claim breach of contract.

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23rd February 2018

gender pay gap

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 and female employees, as well as

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23rd February 2018

maternity leave

Redundancy, pregnancy and maternity leave

Redundancy consultation for 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’

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19th February 2018

Disciplinary Investigation

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 employee to be

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9th February 2018

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 in a complaint of bullying

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17th January 2018

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