News

Why you need restrictive covenants in employment contracts

A recent High court decision highlights the need for restrictive covenants in employment contracts to protect businesses from employees who use their information and contracts for personal benefit. While it is established that employment contracts contain an implied term that employees will serve their employer with good faith and fidelity, it ... More

Record collective award for Woolworths workers

Woolworths workers in England, Wales and Scotland who were made redundant at the end of 2008 have been awarded 60-day protective awards totalling a record over £60 million. Around 30,000 workers were dismissed when the Woolworths went into administration, but only those working at stores with 20 or more staff will ... More

New timetable for workplace pensions

It will now be October 2018 before minimum employer contributions to workplace pensions are fully phased in. Previously, this was supposed to happen by October 2017 - and before that by 2016, and before that by 2015. The government says it is taking things more slowly because economic conditions have made ... More

GP Practice funding squeeze

A survey of GP practices shows that they are being forced by cost pressures to make reception staff, nurses and even salaried GPs redundant. One GP in seven of 250 responding to the survey said they planned to make reception or administrative staff redundant, while others said they would be losing ... More

Plympton Chamber of Commerce

A great networking opportunity, a fantastic breakfast and still in work for 9 - what more could you ask to start the day? On 6 March Plympton Chamber of Commerce will be meeting at Boringdon Park Golf club, and will be pleased to welcome new members and guests. Contact the Secretary, Stella ... More

Stress in the workplace – employer's responsibilities

Workplace stress is nothing new and current economic conditions are taking their toll on employers and employees. Employers have a statutory duty to ensure the health, safety and welfare of their employees, as far as is reasonably possible, and to create safe working conditions. This duty includes mental health, and an ... More

It's not too late for New Year Resolutions

It’s not too late to set yourself some New Year HR tasks: Check your employment contracts are up to date. Do they have the correct job titles, salary and holiday entitlements, and also comply with the current legal requirements? Introduce a probationary period for new starters to help you assess a candidate's ... More

Increase in Statutory week's pay

The maximum amount of a week’s pay for calculating redundancy payments and other awards for compensation or unfair dismissal increased to £430 from 01 February 2012   ... More

An Employer's guide to severe weather

As the winter weather continues, here is a useful source of information for employers.  Personnel Today has brought together news feeds and a series of FAQs that may help you deal with the problems that arise on its webpage ‘An employer's guide to severe weather’. ... More

VAT on salary-sacrifice benefits

On 1 January 2012 new rules on the VAT treatment of certain benefits provided under salary-sacrifice schemes came into force. The changes follow a ruling in the European Court of Justice (ECJ) that an employer operating a salary-sacrifice scheme must pay output tax on the pay given up by employees, with ... More

Employment law 2012: a preview

The rapid pace of change in employment law looks set to continue during 2012. Statutory Limits on Tribunal Awards will increase in February.  The limit on a week's pay (for the purposes of calculating redundancy payments and the basic award in unfair dismissal cases) will rise from £400 to £430, and ... More

Round up of HR and Employment Law 2011

There have been some substantial changes to employment legislation in the course of this year.  We have summarised important points below, along with significant case law and a quick look at what 2012 holds. April: The proposed extension of the right to request flexible working to include parents of children up to ... More

Workplace pension reforms

Major reforms to workplace pensions will be implemented from October 2012. The reforms will affect all employers, irrespective of their size or type of business. For the first time, employers must automatically enrol certain workers into a pension scheme that meets certain quality criteria, and employers will have to pay ... More

First Bribery Act conviction

A magistrates’ court clerk was jailed for six years to “deter offending of this kind” in the first conviction under the Bribery Act 2010. The clerk was prosecuted under section 2 of the Act for requesting and receiving a bribe of £500 to ‘get rid of’ a speeding fine.  After pleading ... More

Holidays to be taken during down time

Employers can allocate statutory holidays to weeks where their staff would not otherwise be working following a ruling by the Supreme Court  on 7 December 2011. This decision was made in relation to workers in the off-shore oil industry working a ‘two weeks on, two weeks off’ shift pattern, but ... More

Employment law changes confirmed

The Government has confirmed plans to overhaul key areas of employment legislation, following a consultation and a review of employment law. The proposals include some reforms that had been widely predicted such as changes to the dismissal system, which could result in organisations with fewer than 10 employees being free to ... More

Calculating holiday pay

The Court of Justice of the European Union (CJEU) decided that it’s not enough to only consider basic pay when working out remuneration for holidays. The principles established apply to workers whose pay is composed of a core element and supplemental sums, and employers need to look closely at whether such ... More

Cost of age discrimination rises

Age discrimination awards averaged three times higher than any other awards in 2010-11 according to Employment Tribunal and Appeal statistics. The average age discrimination award was £30,289, more than twice that of its nearest contender, disability discrimination, which came in at £14,137.  The average award made for race, sexual orientation, sex ... More

Can an employee self-dismiss?

A recent EAT considered whether failing to turn up for work can amount to self-dismissal.  An employer tried unsuccessfully to contact an employee during a long period (nearly six months) of sickness absence.  A letter was then sent explaining that if no response was received by a specific date it ... More

Gross misconduct dismissal for Facebook comments – two outcomes

1 In one case (Crisp v Apple Retail) an employee sacked after comments made on a ‘private’ Facebook page were made public has had his appeal for unfair dismissal rejected. This appeal decision rested largely on the fact that the employer had a clear social media policy in place and had made it ... More

New website for construction SMEs

A new source of information is available specifically for those in the construction industry. Wickes has worked in conjunction with Business Link, the online resource for people working for themselves and for businesses of all sizes, to create Wickes Tradebuilder. It covers topics such as: getting & keeping customers, money in ... More

Reasonable Adjustments for Disability - EAT rulings

Two recent cases have highlighted the difficulty of determining what is ‘reasonable’. In the case of Cordell v Foreign and Commonwealth Office the EAT said for the first time that reasonable adjustments under disability discrimination law can be ruled out purely on financial grounds. An offer of promotion for a senior diplomat ... More

Government confirms changes to unfair dismissal and tribunal system

It has been confirmed that the qualifying period for unfair dismissal claims will increase from one year to two, with effect from 6 April 2012 From April 2013, employees must pay £250 to apply for a tribunal, and must pay a further £1,000 if a hearing is granted. The money will ... More

Training by Acas

Acas is a national organisation but it has a regional setup with advisors and events in our area to offer topical and popular training events at a venues across the SW.  Here are those that may be of interest during November 2011   2 November 2011      Bristol           Effective Disciplinary Hearings              2 ... More

Making references ‘fair’ as well as true

If you provide reference about a former employee you have a duty to take reasonable care to ensure that the information you give is true, accurate and fair. Failure to do so could result in claims including defamation, malicious falsehood, negligent misstatement and/or discrimination.  The problem comes in determining what ... More

Changes to unfair dismissal rules

The qualification period for the right to claim unfair dismissal will be extended from one to two years with effect from 6 April 2012. At the Tory party conference it was announced that the government is proposing to increase the qualifying period for employees to be able to bring a claim ... More

Agency Worker Regulations in force

The Agency Workers Regulations (AWR) came into force on 1st October to ensure that after a 12 week qualifying period temporary agency workers receive the same working and employment conditions as someone directly employed to do the same job. The regulations cover conditions such as remuneration, paid holiday, working hours, overtime, ... More

National minimum wage increases 1 October 2011

From 1 October 2011 Minimum wage rates will be: over-20s £6.08 18-20 year-olds £4.98 16-17 year-olds £3.68 apprentices £2.60. ... More

Reasonable responses to employee behaviour

A recent Employment Appeal Tribunal draws attention to the issue of what is a reasonable response to an employer’s belief that an employee had acted dishonestly.  The employee was a part-time worker who was claiming sick pay because she was unable to undertake the physical nature of her work.  Unknown to ... More

Nickname was race discrimination

An employment tribunal has ruled that using the name "Borat" to refer to someone from Eastern Europe amounted to direct race discrimination. In 2010, a polish welder brought a number of claims against his employer, including race and sexual orientation discrimination.  Most of the claims were rejected, but the nickname ‘Borat’ ... More

First worker charged under Bribery Act

Under the Bribery Act, which came into force on 1 July, there is a new offence of failing to prevent bribery as well as it being illegal to offer or receive bribes.  This specifically affects employers who must show they have adequate procedures in place to prevent bribery, or they could ... More

Dismissal for ‘some other substantial reason’ (SOSR)

In these difficult trading times a recent ET for unfair dismissal highlights circumstances that may be more common as the need for business reorganisation occurs.  Tribunals have accepted that businesses need a degree of flexibility in order to remain commercially viable, so it is potentially fair to dismiss for SOSR ... More

Guide to social media use at work

Acas has issued some advice aimed at ending confusion on employee Facebook and Twitter use and to help employers manage social media policies as the use at work of sites such as Twitter, Facebook and LinkedIn increases rapidly. Acas said that 55% of workers now use these sites at work, either ... More

ET ruling on summary dismissal within first year of employment

An employee was employed from 1 February 2010, but in July 2010 her employer gave her notice of dismissal, to expire on 1 February 2011.  The employee made an unfair dismissal claim on 11 January 2011 and 10 days later the employer then sent a letter to dismiss her with ... More

Handling displays of religious belief at work

The law requires employers are required to treat employees consistently but remain responsive to the needs of individual employees.  This is a difficult balancing act, particularly around employees’ expression of religious beliefs.  Managers using their own discretion when dealing with the outward signs of employees’ religious beliefs may lead to ... More

Dealing with stress the Beijing way

If you arrive at work already stressed by the daily commute, perhaps you should consider an idea introduced in Beijing underground stations – giant punchbags. Imagine a the effect of a punchbag hanging in the corner of the office, or by the coffee machine.  An irritating phone call?  A frustrating email?  ... More

Consultation on contracting out regulations for pensions

The Department for Work and Pensions (DWP) has launched a consultation on the proposed changes to contracting-out regulations. View are sought from pension scheme trustees, employers that sponsor contracted-out occupational pension schemes, and the general public. The consultation will run until 6 November 2011 and further information can be found here. ... More

Employees affected by the riots

Damaged premises and employees unable to make it into work, after several nights of rioting, are raising problems for employers across the country. Crime scenes and damaged property in the affected areas have prevented some businesses from opening and some staff have struggled to get to work with transport disruption and ... More

Pay frozen or cut by nearly 50% employers according to CIPD Survey

The summer 2011 Employee Outlook survey found that 42% of employers had frozen pay and 9% had introduced pay cuts in response to the economic downturn.  The proportion of employers introducing pay cuts was the same for private and public sectors, but the public sector reported 70% pay freezes, with ... More

Jobseekers rate pay over job satisfaction

Better pay has overtaken job satisfaction as the main reason people try to change jobs according to a report by the CIPD, which found that 54% workers say that better pay and benefits is their top reason for wanting to change jobs as the cost of living rises. Last year job ... More

Disability discrimination costs firm almost £400K

Five months after suffering a stroke a branch manager for Jewson in Wales was dismissed on the grounds of incapacity. The advice from the employee’s doctor was to avoid stress at work but did not say that he would never make a full recovery from his stroke. In spite of this, ... More

Two new rulings on annual leave while sick

Must a sick employee request annual leave? In a related case the EAT has decided on the proposition that the entitlement to paid annual leave of a worker absent for the whole of a pay year through sickness does not depend on the worker submitting a request for such leave before ... More

Preparing for the Agency Workers Regulations 2010 implementation

The Agency Workers Regulations (AWR) come into force on 1 October 2011 and the Department for Business, Innovation and Skills (BIS) has published guidance on the new regulations.   Find it here. The AWR are intended to ensure that: After 12 weeks agency workers will be entitled to equal treatment in respect of certain ... More

Fair dismissal for refusing pay cut

An employment appeal tribunal has ruled that it was fair for an employer to dismiss an employee who refused to accept a 5% pay cut.  The remaining 76 workers accepted it and kept their jobs. In the case of Garside & Laycock v Booth the employer requested a pay reduction of ... More

Contractor or employee?

Particularly in the current economic situation, many employers are taking people on to work under contract to give more flexibility and avoid payment for benefits and entitlements such as paid maternity leave, holidays, redundancy pay etc.  But it is often unclear whethe the line is drawn between employee and self-employed ... More

Age overtakes race discrimination in tribunal cases

Although the number of applications to employment tribunals dropped in 2010-11, the annual tribunal statistics for the year ending 31 March 2011 show that 6,800 age claims were lodged in 2010-11, up from 5,200 in the previous year and up from 3,800 in 2008/9. The increase means that age is ... More

Bribery Act implemented 1 July

To help you comply with the Bribery Act, guidance is available to inform businesses of the safeguards they will need to put into place to avoid falling foul of the provisions of the Act. A breach of the Act may result in a maximum prison sentence of 10 years. Offences ... More

Dismissal for sending offensive e-mail between home computers is fair

 An Employment Tribunal has held that an employee was dismissed fairly for sending an offensive e-mail from his home computer to his colleague's home computer. No privacy attached to the e-mail since it was a chain e-mail asking recipients to pass it on. This case highlights the tension that can ... More

Tribunal Recommendations

An EAT ruling has upheld recommendations made in a case of age discrimination and victimisation, which are appropriate for all organisations:  Inform the governing board and senior management of the tribunal judgements Engage an HR professional to review policies and procedures Have a programme of equality and diversity training cascaded through the organisation Needless ... More

Training and performance management whatever your age

Older workers are often "neglected" when it comes to training and performance management according to a recent survey. This highlights the need for employers to ensure that they are managing the performance of all employees effectively, particularly in view of the removal of the DRA (default retirement age). All employees should receive ... More

Identifying and supporting hidden carers

Hidden carers are people that despite having a caring responsibility do not recognise themselves as carers. Encouraged by the results of a successful trial earlier this year where Sainsbury's stores in the South West worked with the Torbay Care Trust to identify hidden carers, Sainsbury's has agreed to partner with ... More

Time off to cover school closures

 As many of you will be aware, a significant number of Public Sector employees, including teachers, will be striking on Thursday 30th June. This will have an impact on businesses which employ parents of school age children. Although there is a clear government message requesting that schools remain open, in ... More

Reasonable adjustments for disability

An Employment Appeal Tribunal (EAT) has decided that reasonable adjustments for disabled employees (section 4A of the Disability Discrimination Act 1995) are only to help them remain in employment.  Employers are not required to facilitate ill-health retirement.  Tameside Hospital NHS Foundation Trust v Mylott. A disabled employee went off sick with ... More

Disability and discrimination

A recent Court of Appeal decision reaffirms the limits of the offence of direct discrimination. A director in the hedge funds team at JP Morgan badly injured his back in a skiing accident and was subsequently unable to work full time. His disability had a direct impact on his ability to work the ... More

“Fit note” not yet delivering reduction in absence

Last year each employee took an average of 6.5 days off sick, according to the latest CBI/Pfizer Absence and Workplace Health Survey, which can be found here. Despite the introduction of the new “fit note” in 2010, the rate of absence last year was marginally higher than in 2009.  The 190 ... More

Conflict in the workplace, new research

BIS has recently commissioned research on workplace conflict, and although the current available research documents appear to be mainly based in the USA, the behaviours and psychology are not that different, and comparisons can be made with the UK.  It can be found here. The survey finds that the majority of ... More

Most common HR concerns

The HR issues that worry us most have been identified by Acas.  A list of the five most visited guidance pages on their website  reveals that small business are concerned about: Redundancy and notice Contracts and hours Transfer of undertakings (TUPE) Retirement process and the removal of the default retirement age (DRA) Notice and rights.  Acas ... More

The pitfalls of references

Following a recent ruling an employer may be liable to a former employee for damages for negligent misstatement when communicating with a future employer about him. It was already established that an employee can claim following a reference negligently prepared by an employer, but the new case extends the principle to ... More

Guidance on equal pay for temps

The regulations on agency workers, which come into force on 1 October 2011, give agency workers fundamental rights equal to permanent employees by implementing the EU's temporary workers directive. They provide two basic protections for agency workers: from day 1 of an assignment, the right to the same level of access to ... More

Consultation on more employment law changes

Four proposed employment law changes are contained in a new consultation document issued by The Department for Business Innovation and Skills (BIS).  It is available online:   'Consultation on Modern Workplaces’ They include:  a system of flexible parental leave; a right for all employees to request flexible working; changes to the Working Time ... More

Coalition reviews employment law

The government has announced a review of three key employment laws to help reduce the legislative burden on businesses.  However, since they also say “legislation will not necessarily be the route to implement any change if there is a case for reform"  we are not expecting action soon. Imposing a cap ... More

Employing EEA nationals

Nationals from EEA countries and Switzerland can enter the UK without any restrictions. Employers should not, however, employ any individual on the basis of his/her claim to be a national from an EEA country, as not all EEA nationals can work in the UK without restrictions. EEA countries are: Austria, ... More

Check your policies with Acas

Employment law is changing all the time and your policies may become out of date. We are happy to help by doing a policy audit for you, but you can also use the Acas website, which has a useful ‘A to Z of employment’ for you to check your policies against. ... More

Court of Appeal rules on legal representation in disciplinary hearings

 The Court of Appeal has found that a teaching assistant was entitled to legal representation during disciplinary proceedings. This was on the basis that the seriousness of the charges against him had a direct effect on his ability to practice his profession in the future and he could rely on ... More

Bribery Act 2010 to be implemented 1 July 2011

The remainder of the Bribery Act will come into effect following extensive consultation.  Guidance is now available about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing is intended to inform businesses of the safeguards they will need to put into place ... More

National minimum wage to rise to £6.08

The government has said that the national minimum wage for adults will increase by 15p (2.5%) from October 2011 to £6.08 an hour. The increases recommended by the independent Low Pay Commission (LPC) will bring the rates to: over-20s: up 15p ( 2.5%) to £6.08 18-20 year-olds: up 6p (1.2%) to £4.98 16-17 year-olds: up 4p ... More

April 2011 Employment Law Changes

The most important changes to employment law you need to be aware of are: The proposed extension of the right to request flexible working to include parents of children up to aged 18 has been revoked before it was due to come into force on 6 April 2011. From 3 April 2011: Additional ... More

Acas Equality Act Guidance and Podcasts

From April the Equality Act 2010 will also cover the new public sector equality duty and an extension to the positive action provisions whereby an employer, in particular circumstances, can take a person’s protected characteristics into account when recruiting. Acas has released guidance for employers on how the Equality Act impacts ... More

It pays to settle earlier

An EAT made an employee pay part of the costs for not considering his ex-employer’s settlement offer until the day of the appeal hearing. In the case of G4S Security Services (UK) v Rondeau an ex-employee obtained a tribunal judgment against his former employer. The employer appealed and also made an ... More

Guidance on mental health in the workplace

Guidance to help small firms manage mental health and wellbeing in the workplace has been published by the Federation of Small Businesses (FSB) with MIND.  Download it here. Conditions such as anxiety, depression and unmanageable stress affect one in six British workers each year, but simple, cost effective and non-bureaucratic changes ... More

Employment Tribunal FAQs

In January 2011 the Government launched a consultation on wide-ranging reforms to the employment tribunal system. Find out more about this and other developments in CIPD’s recently updated FAQs on tribunal claims, settlement and compromise. ... More

Two tier code scrapped for local government

The two tier code for local government services that are outsourced to the private or third sectors has been scrapped, following a decision last autumn to scrap this protection for staff employed in central government contracts. The code required private contractors who employed new staff to deliver public services on terms ... More

Don’t shoot your employees!

An American newspaper reports that an employee at a Best Maid Cookie plant in Wisconsin is claiming that his manager shot him (albeit not deliberately).   The River Falls Journal reports that the manager had used a rifle to shoot at some birds flying around the plant.  He missed the birds ... More

Changes to Vetting and Barring Checks

Millions of people in England and Wales who work or volunteer with children and vulnerable adults will no longer need criminal record checks, as part of the government's Freedoms Bill which could become law by early next year.  The Bill will merge the Criminal Records Bureau (CRB) with the Independent ... More

Loophole in abolition of default retirement age regulations

The draft DRA regulations recently published suggest that those who reach 65 before 6 April are not covered by the new legislation, and cannot be made to retire. The wording specifies that people reaching the retirement age during the April to September transition period can be served with a retirement ... More

The fit note is in danger of becoming just another sicknote

Dame Carol Black's commented come after the government released its final version of the fit note (due to come into effect in April) on which doctors must tick one of two options – either that they are 'unfit for work', or 'may be fit for work taking account of the ... More

Bribery Act delayed

The Bribery Act 2010 will not come into force in April this year to enable the government to review guidance for businesses on how to comply with the new law. The guidance is an essential part of The Bribery Act 2010 and has been criticised for its lack of clarity.  The ... More

Statutory Payments Update

From 01 Feb the following changes will be made: Maximum week's pay for redundancy calculations £400 Maximum unfair dismissal award (basic) £11,400 Maximum unfair dismissal award (compensatory) £68,400 The National Minimum Wage, Statutory Maternity, Paternity and Adoption Pay, and Statutory Sick Pay are all expected to rise from 11 April 2011.   See our Statutory ... More

Reasonable adjustments for disability

In finding a case of discrimination there must be a comparison with treatment of non-disabled employees; there is not an obligation on employer to take reasonable steps to assist a disabled person or to help the disabled person overcome the effects of their disability. The case of RBS v Ashton concerned ... More

Shared Parental Leave and Flexible Working

The right to request flexible working will be extended to parents of children under 18 from April 2011 and the Additional Paternity Leave (APL) Regulations will remain in force as an interim measure. From April 2011, fathers will be able to take up to six month's additional paternity leave in the ... More

Positive Action under the Equality Act

The key point about the Equality Act's positive action provisions is that positive action is entirely voluntary, there is no requirement for an employer to use either the general provisions or those relating to recruitment and promotion.  The Act allows employers to recruit or promote someone from an under-represented or ... More

Employment tribunal reform

Employees taking cases to an employment tribunal should have to pay a fee in order to discourage spurious claims, according to the British Chambers of Commerce (BCC). The BCC has called for reform of the Employment Tribunal system and released figures that it says highlight the costs for business under the ... More

Default Retirement Age Abolished

The default retirement age will be abolished from 1 October 2011.  This means that the last day employees can be compulsorily retired because they have reached the age of 65 is 30 September, so the last day to provide the required 6 months' notice will be 30 March 2011.  Between ... More

The weather and unexpected absence

It has been estimated that the cost of absenteeism due to the extreme weather conditions we have been experiencing could reach over £230m.  Such a huge cost for many small businesses in the current economic situation could be catastrophic.  A survey by the Forum of Private ... More

Extra bank holiday problems

The extra day off to celebrate the royal wedding, sandwiched between the Easter weekend and the May Day bank holiday, means that many workers will only work three days between 22 April and 2 May 2011 because there will be two successive four-day weekends. This has led to many employers, especially ... More

New Pregnancy and Work Guidance

The Department for Business, Innovation and Skills (BIS) has published new guidance on pregnancy, maternity and paternity rights for both employers and employees for babies due on or after 3 April 2011. The two new guides published by BIS summarise the rights and obligations of pregnant employees and their employers in ... More

Employment Legal Aid to be Cut

The government is consulting on major changes to the legal aid system in England and Wales which will impact on employment cases. Although legal aid is not currently available for representation in employment tribunals (as opposed to the EAT), up to £250 is currently available under the Legal Help scheme for ... More

Time off to Train Exemption not confirmed

Business Minister Mark Prisk has admitted that his recent announcement that the right to request time off to train would not apply to small companies was 'premature' and that the policy is still under consideration. In a statement made to the House of Commons, Mr Prisk announced that companies with fewer ... More

The 2012 pensions reform

The impending introduction of the National Pensions Savings Scheme (NPSS) will impose a requirement on all employers, large and small, to contribute financially to their workforce’s pension plans. The aim of the legislation, is to encourage people to save for their future retirement. The new rules will be introduced over a ... More

Working beyond retirement age – mean what you say

An ET has held that employers must genuinely consider employee requests to work beyond retirement, and a sham process will amount to an unfair dismissal. The Age Regulations 2006 place a duty on employers to consider any request made by employees to carry on working past the default retirement age of ... More

Substantial penalties for data protection breaches

The Information Commissioner issued the first two monetary penalty notices under powers to fine data controllers up to £500,000. The first penalty notice was served following a local authority employee mistakenly faxing highly sensitive, and potentially damaging, information regarding a court action for child sex abuse to a member of public (rather ... More

Unfairly dismissed for caring for a dependant

Unfair dismissal, discrimination by association, probationary period and following correct procedure are all highlighted by a recent case involving the Royal Mail.  At first sight the circumstances are straightforward.  During her six months’ probation an employee on took a total of seven days off to care for a sick child.  ... More

Employee references

An EAT ruling highlights the need for care when providing references for previous employees. An Employment Appeal Tribunal decision has established that an employer who provides a discriminatory reference is liable for a loss of earnings claim.  In the case of Bullimore v Pothecary Witham Weld Solicitors the firm had provided a ... More

Following TUPE procedure

A simple error of judgement resulted in a large award against companies that omitted to fully meet the requirements of  TUPE regulations. Since the change of ownership was purely administrative and would not result in any significant changes for the staff, the seller argued that there was no requirement to inform ... More

Pre-employment health questionnaires – Equality Act changes

The Equality Act 2010 bans the use of pre-employment health questionnaires until a job offer has been made except in specific circumstances. This is being introduced to avoid discrimination and to encourage people with health conditions (particularly those with mental health difficulties) to apply for jobs. There is still some lack of ... More

Post holiday motivation

The weather is showing us that summer is truly over, and many people are returning to work refreshed by the holidays but feeling flat and lacking enthusiasm.  They may feel that they are not important if everything has continued smoothly without them while they were away.  Or they may be ... More

Can you be held legally responsible for the actions of your customers?

A quirk of the new Equality Act will be that staff could take their employer to Tribunal for discrimination if third parties (i.e. customers) behave contrary to the provisions.  An employer must take sufficient precautions to protect staff from abuse, but it appears that an employee will be able to ... More

Avoiding Employment Tribunals

The number of Employment Tribunal claims received in 2009-10 was 236,100, an increase of 56 per cent on the 2008-09 figures.  A huge increase in the number of multiple claims is partly to blame but the recession is also seen as responsible, giving rise to more redundancy/dismissal claims.  The highest award ... More

Equality Act Detail published

The Government has published the Equality Act 2010 (Disability) Regulations 2010 ,   which include provisions that support the definition of disability in the Equality Act 2010, coming into force on 1 October.  This Act replaces all existing discrimination laws including the Disability Discrimination Act 1995, under which employers and service providers are ... More

Changes to Minimum Wage from 01 October

The age at which workers become eligible for the full National Minimum Wage rate (£5.93 per hour) will drop from 22 to 21 on 1st October 2010.  According to government figures this will affect about 85,000 people and is predicted to cost employers nearly £48.2 million. The rate for workers aged between ... More

Tribunal decision on holiday pay and sick leave

Last year’s Stringer case established that employees could claim for accrued holiday pay over previous years, but in the recent case of Kahn v Martin McColl a Tribunal has ruled that payment for a sick employee’s final holiday year meant that claims for previous years were out of time.   However, this ... More

Default Retirement Age – what you should know

Transitional arrangements for the removal of the Default Retirement Age begin on 6 April 2011 and employers need to begin preparations now to ensure this happens smoothly.  Here are some important things to consider, because it is expected that Employment Tribunal claims will be frequent as a result of the ... More

Time off for training – consultation

BIS (Department for Business, Innovation and Skills) has announced a short consultation seeking views about the future of the ‘right to request time to train’ legislation as part of announced a review of all regulations in a bid to reduce burdens on business.   The consultation, which closes on 15 September, ... More

Fit note confusion

Many employers are confused about how they should respond to advice from GPs on the new fit note, in particular whether an employee can return to work before the end date on the note. The key point is that the fit note is advice from a GP and its purpose is ... More

Do employers welcome flexible working legislation?

A small survey of employers and employees found that just over half were in favour of planned legislation, but nearly 40% are ‘bracing themselves’ for the impact it may have on budgets. Support for flexible working appears to be based on the belief that it is helpful for employees, but is ... More

Cycle to Work tax rules changed

The Cycle to Work scheme allows employers to lend cycles and cycling safety gear to their employees as a tax free benefit, using salary sacrifice arrangements.  The normal practice has been to ‘hire’ bikes for a year and then buy them for ‘a fair market price’ of 5% of the ... More

and finally … Can targets be used to motivate and provide incentives for your staff?

On careful consideration, the answer is yes… and no!  It all depends on your business and what you choose as KPIs (key performance indicators). Just imagine your run a pest control company.  You may decide to pay a bonus based upon the number of the little critters caught or appropriately dispatched.  ... More

Extension of Self-employed workers’ rights planned

A new EU directive in force this week extends maternity and pension benefits to self-employed workers, their ‘assisting spouses’ and partners to improve the social protection rights of women and boost female entrepreneurship.  EU member states must introduce legislation by 5 August 2012 to include: Granting a maternity allowance and leave of ... More

Default Retirement Age debate

A paragraph in the ruling of the Heyday case, which is quoted in the Seldon case, very aptly summarises the dilemmas in the argument for and against the DRA:  "There is an acute policy tension in this area. On the one hand there is the Government's interest in promoting employment, continuity ... More

Default retirement age to be scrapped

The default retirement age is to be scrapped on 1 October 2011, following a period of consultation and a six month transition period from April 2011. Proposals announced on 29 July say that employers will not be able to issue notifications for compulsory retirement after 6 April 2011.  Between 6 April ... More

Equality Act in Force 1 October 2010

The majority of the Equality Act will come into force on 1 October 2010, despite the rumours sparked by the removal of the date from the Government Equalities Office (GEO) website. There are a series of short guides to the Act on the site, and formal guidance from Equality and Human ... More

Employment Tribunal statistics

Employment Tribunal claims increased by 56% in the year to March 2010 to 236,100, the highest ever level.  Tribunals Service annual statistics show that multiple claims rose 90% from the previous year and single claims rose 14%, but the disposal of cases has not increased sufficiently to prevent a backlog ... More

Pre-employment health questionnaires

Under the new Equality Act, which comes into force in October, prospective employees will no longer be expected to declare medical issues unless they are specifically related to their job role, for example to check a candidate can perform an "intrinsic function" of the job such as heavy lifting. It will ... More

Ramadan restrictions

Ramadan restrictions may be affecting school children in Staffordshire this year following guidance issued by Stoke on Trent City Council.  It suggests that since swimming poses a high risk of swallowing water, and so breaking the fast required during Ramadan, and to “remove barriers to full participation” swimming lessons should ... More

Largest employers’ pay rises

Some 21% of delegates at a recent conference of large employers such as IBM, Orange, Lloyds Banking Group, Time Warner and Paramount Pictures, said they intended to implement pay rises between 2.5% and 2.99% in in 2010. While 17% of respondents are still unable to lift pay freezes in 2010, another ... More

Number of sick days falls

The absence rate last year was the lowest since 1987, but still averages 6.4 days per employee. A survey by CBI and Pfizer showed that there were 180 million sick days last year, which represent a cost to the British economy of around £2.5 billion in direct and indirect costs. The public ... More

Dicrimination awards rise

Employment Tribunal awards for discrimination compensation rose to over £8m in 2009. The average award is the highest it has ever been, at £20.910, compared to £17,099 in 2008. The median award (midpoint of all awards) was £7,806, lower than in 2008. The high average figure was due to 14 awards ... More

Rising staff turnover

An online survey of UK workers revealed that nearly 1 in 4 are planning to change their job in the next year as their job satisfaction and morale fall. Measures put in place by companies to combat the recession are suggested as reasons, such as pay and recruitment freezes, re-organisation, ... More

Constructive Dismissal claim allowed

A recent case has made it clear that a delay in raising an issue is not a bar to a claim of constructive dismissal. An EAT ruling found that although the claimants put up the situation for several years this was not a bar to their claim. The workers were ... More

Stress at work

The Management of Health and Safety at Work Regulations 1999 place a duty on employers to assess and control the degree of stress in the workplace. If there is a 'reasonable likelihood' that stress could cause ill health, employers also have to provide health surveillance for affected staff. If you ... More

Music while you work – 2

Further to our recent item about music while you work, we have received some suggestions for suitable tunes to entertain your employees: Bat out of Hell - Unsuitable for truck drivers, though they'd probably love it Money - Who ... More

Legislation delays

Vetting and barring registration is on hold and doubts have been raised over when the Equality Act will be introduced after the implementation date was removed from the Government Equalities Office (GEO) website. Vetting and Barring Registration under the vetting and barring scheme for those working with vulnerable people has been put ... More

Fake Fit Notes

Fake fit notes, which claim to be "authentic looking replicas" of the genuine forms are being offered for sale on a website for just £9.99 along with a 'buy one, get one free' offer for a blank fit note, so there will be " a spare one to fill in ... More

From 28 May our new phone number will be: 0845 275 7042

We’ve been looking at the business to see how we can improve our services to existing and new clients, and we are looking forward to making a few changes. After 28th May 2010 our new phone number will be:  0845 275 7042 We are offering new service packages as well as being ... More

Redundancy Criteria and Discrimination

A recent ET ruling highlights the difficulty of correctly applying legislation when different rules overlap in one situation.  A law firm was ruled to have unfairly dismissed a male employee who was made redundant because it feared a discrimination claim if his pregnant colleague was selected.  The ruling is subject ... More

Workplace Mental Health Initiative

One in ten workers have seen a doctor about stress and mental health problems caused by the pressures of the recession on their workplace according to a survey by Mind, the mental health charity.  As a result the charity has launched ‘Taking Care of Business’ a five year campaign to ... More

Discrimination and Religious/Philosophical beliefs – a summary

Three recent EAT cases have highlighted the difficulties of the protection of philosophical and religious beliefs, and their impact on others.  At first sight the cases may appear to support the legal protection of some beliefs but not others, but in fact they address different aspects of the legislation and ... More

And finally… music while you work

Playing music in the workplace is a cost efficient way to improve staff morale according to a survey by the MusicWorks campaign, which found that 71% of employees wanted music played in the workplace.  It also highlighted that 85% of employees felt happier when listening to music at work and 25% ... More

From 28 May our new phone number will be: 0845 275 7042

We’ve been looking at the business to see how we can improve our services to existing and new clients, and we are looking forward to making a few changes. After 28th May 2010 our new phone number will be:  0845 275 7042 We are offering new service packages as well as being ... More

Government Coalition policies on employment law

Key points of interest for employers in the coalition agreement are: To phase out the default retirement age of 65 and hold a review to set the date at which the state pension age starts to rise to 66, although it will not be sooner than 2016 for men and 2020 ... More

Staff Absence and the World Cup

Can your business survive the World Cup season with both business productivity and good employee relations intact?  Whether you are a football fan or not the World Cup this summer will impact on all our lives both at home and at work.  The CIPD (Chartered Institute of Personnel and Development) has ... More

It’s not just political parties that must learn to share power

As we look on at the political parties jostling for position and trying to find ways to work effectively together, perhaps there are some parallels to be drawn with the management of a business. The common goal of secure government and achieving the best for this country and the voters is ... More

Is Presenteeism more costly than Absenteeism?

Presenteeism is a recently coined term to describe employees who are physically present in work but who are less productive due to illness or difficulties they’re facing in their personal or professional lives. There are obvious concerns about quality of work, productivity and, depending on the industry, health and safety ... More

Manifesto promises on Employment Law

The main political parties have all included policies concerning employment law in their manifestos.  They have all made pledges about flexible working and reviewing the default retirement age.  In addition, some of the parties’ main policies are set out below.  You may use this to help you decide which way ... More

More information about Fit Notes

The new Fit Notes introduced following Dame Carol Black’s report in 200, which established that it is not necessary to be 100% fit to work effectively, but also that work itself can form an important part of the process of recovery from illness and injury. With 20% of the working-age ... More

Volcanic Ash is HR Headache

An estimated 150,000 Brits are stuck abroad because UK airspace has been shut due to  flight cancellations following the  volcanic eruption in Iceland, leaving many employers with staffing difficulties. This absenteeism, albeit unwilling, has raised some similar issues the the bad winter weather that we experienced this year.  A clear policy ... More

April Legislation Update

4 April - Statutory payments for Maternity, paternity and Adoption Pay increased from £123.06 to £124.88, and weekly threshold increased to £97. 6 April: Introduction of fit notes. Employment tribunals able to pass on details about whistleblowing allegations to relevant regulatory authorities. After 26 weeks employees have the right to request time off work ... More

Will the changes to paternity leave really make a difference?

The number of men who stay at home to care for their children as increased in recent years, but still remains very much the exception. In difficult economic times more fathers may take on the role if their wives can more easily find work.  But will they take on the ... More

Equality Bill passed by Parliament

The Equality Bill has been passed and will now go for Royal Assent to become the Equality Act 2010.  It is intended to harmonise, simplify and extend discimination law, and address recent case law which is generally seen to have weakened discrimination protection. Key areas: Provides powers to extend age discrimination protection ... More

Immigrant Worker Rules Changed

The UK Border Agency has made changes in relation to Tier 1 (highly-skilled) and Tier 2 (skilled worker with job offer) point based system. Tier 1: Bachelor Degree taken into consideration Maximum age to claim points is 39 on initial applications and 41 on extension Minimum previous earnings for points raised to £25,000 with ... More

Private Pension Age Rise

The minimum age for drawing a private pension has risen from 50 to 55, with two exceptions: Ill health conditions entitle members to receive early payment of their pensions. Members of schemes with governing documents in place on 10 December 2003 which contain the unqualified right to take pensions between 50 and ... More

Survey of ET Claims

Employment Tribunal applications are more likely to be made by men according to a survey published in March 2010 by BIS (Department for Business, Innovation and Skills) for the period 2007-8. Results of the survey include: 60% claimants were men, even though they make up 51% of the workforce 86% were white, lower ... More

Working Time Directive Consultation

The Working Time Directive may change, but don't hold your breath! The Working Time Directive may be reviewed after a new EC consultation with employers and unions or their representative organisations. A comprehensive first review would identify current or potential issues left unresolved by the lack of agreement reached so far. ... More

Proposed increase in paid maternity leave

Draft legislation has been passed by a EU Committee to extend maternity leave to 20 weeks on full pay. This proposal will go before the full European Parliament and to the Council of Ministers before the outcome is known in 12-18 months time. Under current UK legislation maternity leave should be ... More

Top 3 employment law concerns 2010

The top three employment law concerns in 2010 are dealing with sickness absence, performance management, and proposed changes to the national retirement age, according to a recent survey by law firm Charles Russell. Sickness Absence As well as reducing productivity, sickness absence has a negative impact on morale and increases stress on ... More

Annual Coaching Conference

Leading Edge Development and the University of Plymouth working in partnership 17th SEPTEMBER 2010 Are you someone who is looking to improve the performance in your organisations and who is considering coaching as an approach to help in achieving that improvement? Are you a coach in an organisation or in your own business ... More

What are ‘protected beliefs’ under the Equality Bill?

The Equality and Human Rights Commission (EHRC)has published a draft Employment Statutory Code of Practice, which advises that belief is not necessarily religion and can include philosophies such as humanism, atheism, scientology and even veganism.   However, the government Equalities Office has responded: "The government does not think that views or opinions ... More

Dress code enforcement

Dress code enforcement and the requriement to avoid discrimination has raised well publicised conflict. An Appeal Court ruling, which is yet to be appealed again in the Supreme Court, has found that BA was not indirectly discriminating against an employee who wore a crucifix. However, legal views are divided on the ... More

Why you need a Home Working Policy

The bad winter weather we experienced this year has drawn attention to the need for employers to  have Home Working Policies in place to ensure they are maintaining their responsibility for a safe working environment. When a member of staff is working from home it is effectively an extension of the ... More

Responding to ‘difficult’ people

At some time we all come across an individual who is difficult to work with, and this can have a bad effect on work and morale.  People often chose to ignore the problem for a while, in the hope it will resolve itself, but this may make things worse if ... More

Preventing Bullying and Harassment

There has been much media coverage of bullying in the workplace following allegations at No. 10. This followed a Unison survey suggesting that bullying at work has doubled in the past 10 years, with one in three staff claiming they've been bullied in the past six months. The economic situation could ... More

Employee entitlement to request training and study leave

From 06 April 2010 some employees will have the right to request time off work for training or study.  Initially this will apply to companies with more than 250 employees, and will be extended to all employees from April 2011.  There is no entitlement to time off, only to make the ... More

Improve line management to reduce grievances

Workplace stress and grievances brought on by issues with pay, bullying and harassment, and relations with management are expected to accelerate in the coming year. These predictions have been made following survey of 5,000 senior HR professionals by City law firm Speechly Bircham and King's College London HRM Learning Board. ... More

Holiday and sick leave – the latest

Paid holiday and sick leave guidance has been published by the government after two major court rulings under the Working Time Directive in 2009. Information for employers is available from Business link. The two cases established that statutory entitlement to paid annual leave continues to accrue during sick leave, however ... More

One person’s bullying is another person’s performance management.

A line manager setting targets and giving warnings to an underperforming employee believes he is doing his job appropriately. One employee may report this as bullying, another may welcome targets and feedback as a way to help them improve their performance. In some organisations performance problems have not been well ... More

Fit Notes are coming

The new Fit Note System, which comes into effect in april, puts the onus on employers to determine what a person returning from sick leave may be fit to do. The GP will complete a computer-generated medical fit note indicating that the empoyee is either 'unfit for work' or 'may be ... More

Dress code and sex discrimination

An EAT ruling means that requiring a male employee (of the Metropolitan Police) to cut his shoulder-length hair did not amount to discrimination or harassment under the Sex Discrimination Act simply because a female employee would not, in similar circumstances, have been required to cut her hair, provided that the ... More

Top HR challenges for 2010

The top challenges facing HR managers in 2010 have been identified in a survey undertaken by King’s College London HRM Learning Board and law firm Speechly Bircham. The lack of employee engagement, succession planning and talent management to retain high performers is expected to lead to an increased turnover of disaffected ... More

Equality Bill and religious organisations

A House of Lords vote means that religious organisations can legally rule out some applicants and deny jobs on the basis of gender or sexuality. Church leaders feared that the legislation introduced in the Equality Bill would force the Catholic Church to ordain women and make it almost impossible to ... More

Whistleblowing via Employment Tribunals

Employment Tribunals will be able to pass information about public interest disclosures (whistleblowing) to the relevant industry regulator following revisions to the ET1 forms from 06 April 2010. A claimant will be able to tick a box indicating their express consent for the ET to pass on copies of the form, ... More

6 months Paternity Leave announced

Fathers will be able to take up to 3 months paid (SMP £123 per week) and 3 months unpaid paternity leave for children due on or after 03 April 2011. The father effectively takes the final three months of maternity leave due to the mother, provided she returns to work. The ... More

Pay and bonus expectations in 2010

Both public and private sector workers are expecting a pay rise at least as good as last year according to a survey by YouGov. However, this has to be seen in the context of 51% private sector and 17% public sector workers suffering a pay freeze in 2009. the ... More

Do you have an Adverse Weather Policy?

It has been estimated that the cost of absenteeism due to the extreme weather conditions we have been experiencing could reach over £230m. Such a huge cost for many small businesses in the current economic situation could be catastrophic. A survey by the Forum of Private Business estimates ... More

Extra Bank Holiday announced

An extra bank holiday has been announced for 2012 to celebrate the Queen's jubilee that year. It will be on Tuesday 6 June and will be combined with a late May bank holiday on Monday 4 June to make a long weekend. The only other British monarch to celebrate a ... More

Discipline & Grievance: Training to Get it right

This practical workshop uses case studies and legal frameworks to look at the ACAS Code of Practice and its practical implications in relation to discipline, grievance and dismissals. It will demonstrate the difference between discipline and incapability, and give participants the tools to ensure positive outcomes from negative experiences. The ... More

Employment Legislation 2010

Jan: the revised Acas Code of Practice on time off for trade union duties and activities. Click here to see the code.Feb: Reduction ofmaximum compensation limit from £66,200 to £65,300.  A week's pay for basic award and redundancy pay purposes remain unchanged at £380.April: Right to request time to train ... More

Monday-itis

More than one in three sick days are taken on a Monday according to research by Mercer consulting based on records for 11,000 employees in the private sector during 2008.  Friday is the day least likely to be taken as sick leave.Viral infections are the most common reason for absence ... More

Too old at 42

A successful claim of age discrimination has been made by a 42 year old employee made redundant by the Canadian Imperial Bank of Commerce.An employment tribunal has ruled that the bank discriminated against him when the criteria for a new marketing executive included the phrase 'younger, entrepreneurial profile' in an internal ... More

False information on CVs

A Senior NHS HR manager from Lympstone, Devon, who lied on her cv has been given a 6 month suspended prison sentence and ordered to pay £9,600 compensation.She had been working as HR manager at East Devon PCT since 2003 and applied for promotion after it merged to form the ... More

Pay rise levels fall

Pay is predicted to rise less than the CPI in 2010, even though employees are working on average six extra hours each week.Pay rises for UK workers are expected to be an average of 1.6% this year, but the cost of living will rise more as the consumer price index ... More

Pre-claim Conciliation

Free and impartial pre-claim conciliation by Acas helps resolve disputes quickly to avoid the costs, stress and time associated with employment tribunals.The first step in resolving any dispute must be to invoke company policies and procedures, and Hardwick HR can help by providing them and in guiding you through the process when the ... More

Fall in Compensation Award limit

The maximum compensatory award limit has been reduced for the first time ever.  From 1 February 2010 the maximum award drops from £66,200 to £65,300.A week's pay for basic award and redundancy pay purposes remain unchanged at £380. ... More

Christmas parties – the aftermath

Looking back over the festive season do you have any concerns about staff behaviour (or your own!) at any company events?  Would you be happy for photos of your Christmas celebrations to be shared on the internet?It was suggested that staff should be prohibited from taking photos with mobile phones ... More

Equality Bill 2010

Autumn 2010 will herald the implementation of the new Equality Bill, which will condense the current nine pieces of legislation into one covering all strands of discrimination.  The law will not be significantly changed; the objective of the Bill is to make discrimination legislation easier to understand and use, and ... More

Health & Safety responsibilities

The defendants in a recent case brought under the Health & Safety at Work Act were found liable for the death of an employee even though the exact cause of the accident could not be established (Riley v Chargot Ltd, t/a Contract Services, and others).  It was ruled sufficient that ... More

The cost of bullying

The News of the World faces a bill for over £1m  following a tribunal finding that there was 'a culture of bullying' against a senior reporter.Matt Driscoll was dismissed in April 2007 while on  long-term sick leave for stress related depression after 10 years with the paper and two promotions.  ... More

Discrimination because of philosophical belief

A recent employment tribunal judgement opened a potential can of worms, when it ruled on the nature of a 'philosophical belief'.In Grainger plc v Nicholson the employee claims unfair dismissal under the Employment Equality (Religion or Belief) Regulations 2003.  He maintains that he was dismissed because of his beliefs about ... More

Pay Freeze

A survey by the CIPD and KMPG reveals that 1 in 5 employers, both public and private sector, have frozen pay awards for the time being.  Some others have deferred a decision, and most expect pay increases in 2010 to be lower than this year.  These are expected responses to ... More

Loss of tax and NI relief on childcare vouchers

The government has announced that April 2011 will be the end of the current exemptions from tax and NI on the value of childcare vouchers issued by employers.  It is proposed that the released funding would be used to provide free nursery places for 2 year olds, in addition to ... More

Sickness absence – common problems

When a member of staff is off sick for a long period, or for frequent shorter ones, it creates difficulties for the employer, particularly in a small business.Things to remember:Sickness absence is not a disciplinary issue, and even though the procedure you should follow is the same, discipline and health ... More

Tips and the Minimum Wage

In order to prevent unscrupulous employers using a work-around in which tips are included when calculating basic pay for minimum wage purposes but not for calculating Class 1 NIC contributions, from 1 October 2009 tips (including service charges and other gratuities) are no longer included in NMW. ... More

Swine Flu and employment law – prevention is better than cure

Employees not adequately protected from swine flu could theoretically sue their employer under Health & Safety legislation for not providing a safe working environment. If an employee could show that they contracted the disease because their employer failed to protect them against it, they could launch a personal injury claim.  ... More

Redundancy estimates

The impact of the recession on redundancies has been greater than expected, according to a survey by XpertHR.  In January 2009 58% of employers anticipated job cuts, but by July it had risen to 67%.  On average employers' predictions were short by one third.With the economic situation changing so quickly ... More

Personal Data Requests

Under the Data Protection Act employees can request personal data provision.  With more redundancies, there has been an increase in the number of Subject Access Requests (SAR), which grant employees the right to access the 'personal data' relating to them held by their employer.This is often because the employee raises ... More

Good Leadership

In these difficult economic times effective leadership becomes even more important, but what are the keys to being a good leader?As Winston Churchill said "When you're going through hell... keep going". Firstly, it is important not to lose sight of your principles, the things you will not compromise on, even ... More

Fines for employing Illegal workers

Many illegal worker fines are not being paidThe UK Border Agency has given 3,164 penalties to firms over the 18 months since the penalty system was introduced, but over 40%, around £6.5m, remain unpaid.  The average fine imposed was £5,000, half the maximum. Fines are imposed on a sliding scale, ... More

Working past retirement age

The number of people working past state retirement age forecast to double.A survey of over 700 financial directors of UK companies conducted by Prudential Insurance found that they expect the number of people working past retirement age to rise significantly over the next ten years, to an average of 6.3% ... More

Minimum Wage

From 1 August the minimum wage for apprentices  rises to £95 pw, but consideration is still being given to applying NMW to those under the age of 19, or older but in the first year of apprenticeship, whose earnings are not currently protected. Despite calls from business groups, the NMW will increase ... More

Motivating Employees during the Recession

During the recession your employees may be concerned for their job security, particularly if there have already been redundancies. Keeping motivation and retaining talent is key to the business's future success, and you may want to consider the following ideas: Separate morale (how people are feeling) from motivation (turning ability into ... More

Reasonable Adjustments for Disability

The provisions in the DDA impose an obligation on an employer to make 'reasonable adjustments' for the benefit of an employee suffering from a disability. A recent ruling by an Employment Appeal Tribunal (Fareham College v Walters) means that failure to make reasonable adjustments to avoid dismissal (such as offering appropriate ... More

Working Time Opt Out

The UK opt out of the Working Time Directive is to remain in place after talks between MEPs collapsed and is not subject to further negotiations. It is estimated that 10% of UK employees exceed the 48 hour week, and there was concern about demands for pay rises to replace lost ... More

Holiday Entitlement and Sick Leave

Employees will now have to be paid for holiday not taken due to sickness absence, or allowed to carry it forward to a following year, and also receive payment for any holiday remaining at the end of a contract.  This is the result of a Law Lords ruling, which overturned the ... More

Past Their ‘Sell By’ Date?

A survey by The Age and Employment Network (TAEN) compares the impact of the recession on older jobseekers. With 360,000 people over 50 looking for work, the figures show that 47% were made redundant from Oct 08 to May 09, compared with 32% in the previous period. The perception of ageist ... More

Twittering Your Time Away

Twitter, like all developments in electronic communication, has its good points and its bad.  Twitter began as a social networking site that is simple to operate and fast: 140 character blogs are sent by email, text or instant messaging and received by 'followers' who have signed up.  But it is ... More

Minimum Maternity Leave Not Extended

The EC parliament has rejected a proposal to increase the period of compulsory paid maternity leave to 20 weeks, with 6 weeks on full pay after the birth and the balance either before or after. With accusations that the centre-right  were 'betraying the welfare of women' Socialist MEPs claimed that the ... More

Director Charged with Corporate Manslaughter

A reliance on annual H & S surveys to fulfill your Health & Safety Policy cannot be justified. The first case is being brought under new provisions of the Corporate Manslaughter and Corporate Homicide Act 2007.  Both a company and one of its Directors face charges corporate manslaughter  gross negligence.  The ... More

Cutting costs with unpaid leave

Big companies have hit the headlilnes in their efforts to cut the cost of their salary bills.  Following an offer in May of one month's unpaid leave, British Airways improved asked their employees to take one week blocks of unpaid leaave or unpaid work,with the salary deductions spread over 3-6 ... More

Unfavourable Treatment of Part-Time Workers

An EAT ruling has clarified some points about the treatment of part-time workers. Under the Part-Time Worker Regulations 2000 a part-time worker should not be "treated by his employer less favourable than the employer treats a comparable full-time worker....if the treatment is on the ground that the worker is a part-time ... More

Preparing for Swine Flu

The threat of swine flu is being treated in very different ways by UK companies.  Some have asked employees returning from high risk areas to remain at home until they are sure they are clear of the disease, but as the pandemic reaches more countries, identifying who is at risk ... More

RIP BERR

It's hard to keep up with government re-shuffles.  The Department for Business, Enterprise and Regulatory Reform (BERR) was formed just two years ago from a combination of the DTI and the Better Regulation Executive.  Now another new department is to be created by merging it with the Department for Innovation, ... More

New booklets on Pregnancy & Work

New government guidance on pregnancy and work for both employees and employers has been published by BERR.  Both booklets are available in pdf format from the BERR website. ... More

The cost of Tribunal lies

A recent EAT has ruled that costs should be awarded against a claimant making false allegations. In the case of Daleside Nursing Home Ltd v Matthew, the original tribunal held ruled that there had not been direct race discrimination but even though the allegation was based upon a lie, no costs ... More

Fit Notes

A new medical 'Fit Note' to improve the management of sickness absence is undergoing a 12 week consultation period which ends on 19 August. DWP hopes that the new system, which allows a doctor to indicate that an employee may be fit for some work, rather than the blanket fit or ... More

No place for Love

All employers face compensation claims if customers ogle their staff or use inappropriate language and the employer does not take reasonable steps to prevent it. The new sex discrimination regulations say that bosses are responsible for protecting their staff from sexual harassment by customers. The laws also mean that owners who allow ... More

Performance Appraisals

At this time of year many companies carry out their annual employee appraisals, but do you know why or what could be achieved? An appraisal is a formal review of performance and potential, intended to identify strengths, weaknesses and training or developmental needs.  It should benefit both employer and employee. Here are ... More

Definitions: Redundancy, Domestic Emergency

"Redundancy" has two different meanings under UK employment law. The first meaning is for the purposes of statutory redundancy pay and the law relating to dismissal. For the purposes of the Employment Rights Act (ERA), an employee is regarded as having been dismissed by reason of redundancy if the main reason ... More

Is God an Employer?

A landmark case is to determine whether the clergy work for God or the Church.  The Church of England has conceded that it employs ministers,  but the case depends on a historical declaration that priests are 'office holders' occupying a 'living' and so not subject to employment legislation.  The CoE ... More

Maternity Benefits

From 5 October 2008 employees contractual rights will continue to accrue during the whole period of both ordinary maternity leave (OML)and additional maternity leave(AML) - a total of 52 weeks.  This means that holiday entitlement, company cars, mobile phones, health insurance etc. must still be available to those on maternity ... More

Minimum Wage Increase

The National Minimum Wage rises 1 October.  The new rates are: Adult rate, workers aged 22 and over £5.73 per hour from 1 October 2008. Development rate, 18 to 21-year-olds, £4.77 per hour from 1 October 2008. 16 to 17-year-olds above school leaving age, £3.53 per hour from 1 October 2008. Apprentices under the ... More