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Employers guide to calculating holiday leave and pay

To combat post-Christmas blues, most of us look to our next holiday – what are staff entitled to? Calculating holiday leave and pay is a complex area for employers so this quick guide is a good place to start. It is based on the rules applicable to statutory holiday entitlement. If an employer provides additional contractual holiday entitlement, they may be able to apply different rules to the enhanced element of leave, although it may in practice be easier to

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14th January 2025

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Female employee who alleged sexual harassment at the office Christmas party settles for £36k

The claimant worked for The Northern Ireland Human Rights Commission and complained of “unwanted and inappropriate physical contact” from a colleague during the staff Christmas party in December 2022. The same colleague was also alleged to have made inappropriate comments of a racial and political nature. During the investigation, the employee also informed her employer of a previous incident of inappropriate touching from the same colleague at a non-work event, and said that she had been reluctant to make a

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19th December 2024

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NatWest ban WhatsApp on company devices

In an attempt to address issues with internal communications, NatWest has recently banned employees from using WhatsApp, Facebook Messenger and Skype on company devices, following incidents where WhatsApp messages had been irretrievable due to disappearing message settings. Whilst instant messaging has proved to be an invaluable means of communicating with staff who are working from home, the use of ‘off-channel’ platforms like WhatsApp can pose significant risks, including: Difficulty retrieving historical messages for investigation purposes, some may have been set

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10th December 2024

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Modern Day Slavery and the role of HR

The Modern Slavery Act 2015 consolidated UK law to combat modern slavery and human trafficking, requiring businesses to identify, prevent, and mitigate modern slavery in their operations, including supply chains. Under Section 54 of the Act, commercial organisations with an annual turnover of more than £36m must prepare a statement every financial year and include what due diligence processes have been implemented to tackle this issue. Unfortunately, modern day slavery is not a thing of the past. It’s happening now, all

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14th November 2024

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What Labour’s 4-day working week proposal means for employers

Workers’ rights could be strengthened with a 4-day working week proposal as part of government plans to increase flexible working. This could come in the form of ‘compressed hours’ whereby employees work the same number of weekly hours over 4 days rather than 5. Labour’s ‘Make Work Pay’ plan is designed to increase productivity and create the right conditions for businesses to support sustained economic growth. Labour’s education minister said that ‘compressing work hours and offering flexible working is actually

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7th November 2024

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Calling women ‘birds’ amounts to harassment related to sex

A former employee at investment company Whisky 1901 Ltd has been awarded more than £50,000 in compensation after she complained about colleagues making ‘derogatory’ remarks about women. Ms Chung told the Tribunal that derogatory remarks, including the term ‘birds’, was used by co-workers who also boasted of their sexual conquests, creating an uncomfortable work environment for herself and other female employees. The events took place between August and November 2022, during which time a male colleague also asked if Ms

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22nd October 2024

Work Christmas party

Is it the end of the work Christmas party?

Is it too early to mention the ‘C’ word? It might only be October but it’s likely many organisations are already thinking about their Christmas party or have booked it already. The annual Christmas party is a great way to show employee appreciation, reward staff and boost morale. However, with organisations cutting back on costs and the risks of inappropriate behaviour that these celebrations can often present, is it time to rethink your end of year bash? Whilst Christmas parties are

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15th October 2024

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Sickness Absence: How to stay on top when temperatures drop!

Summer is now a distant past as the cold weather approaches and the nights close in. Absence is always a concern for employers, but this can escalate during the winter months when cold and flu viruses are rife and the days colder and shorter. If not managed correctly, sickness absence can result in financial costs to the employer as well as disruption to colleagues in the workplace. In this article we discuss what employers can do to stay on top

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10th October 2024

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Avoid falling foul of a subject access request!

Employers inevitably process significant amounts of personal data relating to their employees. This means employers are Data Controllers and are bound by the rights their employees have as Data Subjects. Under the UK General Data Protection Regulation (GDPR), one of those rights is to ask their employers for copies of any personal data relating to them. These are known as Data Subject Access Requests and are sometimes referred to as SARs or DSARs. Personal data is any information relating to

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23rd September 2024

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Breaching workers’ right to switch off could result in increased Employment Tribunal awards

Labour’s campaign pledge to introduce a ‘right to switch off’, as there is in Ireland and Belgium, is a mechanism designed to allow workers to separate their work and home lives and will provide for the right to refuse to take on extra work at weekends. Under the Working Time Regulations 1998, employees must not work more than 48 hours a week on average unless there is a separate opt-out agreement in place. Ireland’s right to disconnect was established via

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27th August 2024

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Avoid Tipping Point! Prepare for the Allocation of Tips Bill with EML

The main provisions of the Employment (Allocation of Tips) Act 2023 were laid before Parliament on 31 July. Here’s a quick recap on what this legislation will require of employers when it’s implemented on 1 October. Currently, cash tips tend to go straight to the staff member they’re given to (subject to there being no contractual provisions to the contrary). However, tips paid by card usually go directly to the employer and are often only partially passed on (currently, deductions

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20th August 2024

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Actions of City Council’s ‘windy’ manager amounted to age discrimination

A caretaker for Birmingham City Council has won a tribunal case after he was subject to a series of incidents involving bullying and threats of violence, including his manager deliberately breaking wind on him while he was eating lunch. This incident occurred just two months after the caretaker, who was granted anonymity by the tribunal, joined the council in October 2020. The tribunal heard how his manager was said to have found it ‘amusing’ to break wind on his younger

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14th August 2024

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Labour pledge to repeal anti-strike law: What employers need to know

In a move to ‘reset’ industrial relations across the country, Labour have confirmed they will scrap the anti-strike law that was introduced by the Conservatives last year. Following a prolonged disruption in public sector services in the wake of industrial action, the Conservatives introduced the controversial Strikes (Minimum Service Levels) Act 2023 which allowed ministers to enforce minimum service levels in key sectors including education, health and transport. The new measures allowed employers to provide ‘work notices’ to employees who

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8th August 2024

Paris, France June 25, 2024: Olympic rings in form of colorful powder explosions, creative symbol

Advice for employers during the Olympic Games

The Paris 2024 Olympics are well under way with Team GB soaring up the medal table, currently sitting pretty in fifth place! Famous for history and tradition, the Olympics is a time for nations across the world to come together and enjoy an array of sports, some of which we are not so familiar with, which just adds to the excitement. However, during the games, employers might find themselves with an influx of holiday requests and a spike in sickness

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31st July 2024

Downing Street

What does the Government’s ‘New Deal for Working People’ mean for employers?

During the election campaign, the Labour Party’s ‘Plan to Make Work Pay’ (the New Deal for working people) proposed significant employment law reforms which focused on employment issues such as low wages, zero hours contracts and fire and rehire. The Labour Government delivered its first King’s Speech on 17 July which promised to introduce an Employment Rights Bill within the first one hundred days of office and committed to delivering the following: Zero hours contracts The Government has confirmed it will

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23rd July 2024

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