Blog

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

disability discrimination

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 she would not

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12th January 2018

staff absenteeism

“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 employment law cases and

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9th January 2018

Tips on working in high temperatures

It seems like summer has finally arrived and with this spell of unusually fine weather comes the time-honoured problem of working in high temperatures. Looking at the legislation, you may be surprised to learn that whilst a minimum temperature is referred to in the Workplace (Health, Safety and Welfare) Regulations 1992, no reference is made to a maximum temperature. However, there are some key issues that employers need to be mindful of in order to maintain employee safety and wellbeing,

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8th January 2018

Religion / Belief Discrimination Myth Busters – Discrimination against members of the same religion

Acas recently published new guidance on religion and belief to help employers prevent discrimination on these grounds in the workplace. To assist employers further, we’ve produced another series of “myth busters” to help separate fact from fiction in this area, all of which will be published on our website over the coming weeks. Of course, if you’re an employer and would like to discuss any of the issues touched on in these posts, please contact one of our HR consultants in confidence

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8th January 2018

shared parental leave

Is shared parental leave flexible or a failure?

On Father’s Day we show our appreciation of fathers past, present and future. A father’s role in the nuclear family is equally as important as the mother, however the take up of shared parental leave in the UK is at an all time low. The Department for Business believes only 2% of couples welcoming a new child share the responsibility of caring for the child during the first year of its life. Current rules on shared parental leave Parents can

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8th January 2018

Religion / Belief Discrimination Myth Busters – Refusing to do the job

Acas recently published new guidance on religion and belief to help employers prevent discrimination on these grounds in the workplace. To assist employers further, we’ve produced another series of “myth busters”to help separate fact from fiction in this area, all of which will be published on our website over the coming weeks. Of course, if you’re an employer and would like to discuss any of the issues touched on in these posts, please contact one of our HR consultants in confidence

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8th January 2018

sexual harassment suspension

Sexual Harassment Myth Busters – Suspension

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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29th November 2017

reporting comments directed at others

Sexual Harassment Myth Busters – Comments Directed at Others

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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28th November 2017

sexual harassment- different peceptions

Sexual Harassment Myth Busters – Different Perceptions

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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27th November 2017

type of harasser

Sexual Harassment Myth Busters – Types of Harasser

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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24th November 2017

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