The Employment Law & HR Podcast: Recent Episodes
Alison Colley, Solicitor from Real Employment Law Advice
An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
In this episode 266 of the podcast I am covering a topic that has been much discussed among the Real Employment Law Advice team and which is causing increased stress and time for employers and managers, the use of AI by disgruntled employees.
We are seeing a significant increase in AI being used by employees to draft grievances, prepare complaints, challenge decisions and fuel their desire to pursue Employment Tribunal claims.
In this episode of the podcast I cover:
- Trends we are seeing on a practical level
- Implications for employers
- The challenges of seeking to resolve disputes when employees have inaccurate AI 'advice'
- How AI is changing employee expectations
- What employers and managers can do to mitigate the risk of disputes arising
- What employers and managers can do to limit situations escalating when issues do arise
- Why taking proactive steps to be a good employer is your best defence
Key takeaways: AI is here to stay and more and more employees will access 'advice' from their AI assistant in future and it is those employers who take the time to invest in good robust processes and procedures and truly look after their employees who will find that the time investment now will pay dividends later on.
As a member of our HR Harbour Membership service we can help you to be the best employer you can and truly mitigate the risk of spurious and time consuming AI driven disputes. You can find more information about the service here: HR Harbour
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Employment Tribunal awards compensation for an employers failure to make adjustments in the probation period In this episode 265 of the podcast I am covering a recent case decided by the Employment Tribunal where an employee was awarded compensation after the employer failed to make reasonable adjustments in the probation period.
The case of Ms Khorram v Capgemini emphasises the importance of effectively managing probation periods and the requirement to make reasonable adjustments for employees with neurodivergent conditions.
In this episode of the podcast I cover:
- When you need to consider reasonable adjustments
- What reasonable adjustments to consider for an employee with ADHD
- Why probation periods matter
- When to obtain medical support and/or an occupational health assessment
- Why compensation for Ms Khorram was limited by the Tribunal
Key takeaways: Employers need to ensure managers are trained and aware of the importance of following occupational health advice and making reasonable adjustments for an employee who is placed at a disadvantage at work due to their disability.
You need to have good probation processes and regular communctaion in place.
You can read the full Judgement from the main Hearing and the Judgement from the remedy hearing here: https://www.gov.uk/employment-tribunal-decisions/ms-b-khorram-v-capgemini-uk-plc-6004705-slash-2024
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
How To Effectively Manage Probation Periods: Training for Managers Online training
Monday 15th June 2026 at 10:30am (90 minutes)
£75.96 per person
Book now here: https://www.eventbrite.com/e/1988753783101?aff=oddtdtcreator
Still not sure about the Employment Rights Act and what you need to do? Why not attend our Free Webinar for Employers on Monday 18th May at 10:30am
Register to attend here: https://tinyurl.com/bddck4ut
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is going to be critical for all new employees from the 1st July 2026 In this episode 264 of the podcast I am covering the critical change to how managers and employers deal with probation periods for any new starters from the 1st July 2026.
The qualifying period for unfair dismissal is going to be the shortest period it has ever been from the 1st January 2027 and this means employers need to prepare and manage probation periods and the first few months of a new employees employment carefully and proactively.
Managers need to be educated on this now!
In this episode of the podcast I cover:
- What probation periods are
- Why probation periods matter
- What is changing from the 1st July 2026
- Why you need a good robust induction and onboarding process
- The importance of setting clear goals and targets for new starters in order to measure their performance and progress as soon as possible
- How getting it right does not have to be hard but does take time and planning
- Why having good forms and workflows for the process will aid managers to get the probation period right
Key takeaways: Employers need to ensure managers are trained and aware of the importance of the induction process and probation period.
You need to have good forms and workflows for managers to follow.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Still not sure about the Employment Rights Act and what you need to do? Why not attend our Free Webinar for Employers on Monday 18th May at 10:30am
Register to attend here: https://tinyurl.com/bddck4ut
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Top Tips for Managers In this episode 263 of the podcast I bring you my top tips for managing sickness absence.
In light of the recent change to statutory sick pay and the requirement to pay employees from day 1 of their absence these practical tips for really managing sickness absence with employees are going to be even more critical.
Managing employees who are absent can be difficult and in this episode I breakdown into some easy steps to follow.
In this episode of the podcast I cover:
- The critical point is to manage sickness absence!
- What the barriers are to effective management of absence.
- The importance of a clear reporting process.
- How and why you should maintain contact during absence.
- The exception when you should not make contact.
- The importance of self-certification forms.
- Return to work meetings and the format.
- What to do about frequent absence.
- Why it is important to get to the root cause of the absence.
- How effective management of absence will help you get to the root cause quicker!
Key takeaways: Employers need to ensure managers are empowered and trained to deal with sickness absence issues at the earliest stage.
It is also important to create a culture where employees are happy to come to work and only take sickness absence when genuinely sick.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Legal requirements, best practice & changes needed In this episode 262 of the employment law and HR podcast, I bring you a rundown and reminder about employment contract terms and section 1 statements and the importance of getting it right.
In this episode we cover: * The difference between a contract and a section 1 statement. * Why it is important for both employer and employee to issue a written statement of terms. * The types of clauses in a contract, including terms implied by law. * The minimum legal requirements to be set out in writing for employees as set out in Section 1 of the Employment Rights Act 1996. * Changes to the law that took place in 2020 which many employers have failed to action. * The legal requirement to issue a statement of terms from day 1 of employment. * Best practice clauses to include. * My recommendations about terms and why. * Common problems we see with employment contracts. * Changes and additions needed to employment terms as a result of the Employment Rights Act 2025
Key takeaway: Employers need to take the time to review their employment contracts or section 1 statements to ensure they are compliant with the law as it stands and as it will be as the Employment Rights Act 2025 starts to be implemented.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 261 of the employment law and HR podcast, I bring you all the details about the changes with the rules about payment of statutory sick pay which come into effect from the 6th April 2026.
In this episode we cover: * The current rules about the payment for employees who are off sick. * The cost to employers of statutory sick pay (SSP). * Why many employers will be unaware of the change and impact. * The types of business or organisation that will be most impacted by the change. * Why having robust systems in place for the management of sickness absence is more important than ever. * Why qualifying days of employment are important. * How much you have to pay if someone is absent for 1 or 2 days out of their working week. * The weekly flat rate of SSP from 6th April 2026 will be £123.25.
Key takeaway: Employers need to start taking action now to understand the additional cost and to factor this in to costs planning for the new financial year.
Employers also need to proactively manage short term sickness absence.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 260 of the employment law and HR podcast, I bring you a run down of the new law coming in October 2026 which provides a legal duty on employers to prevent harassment of employees by third parties and provides for employer liability for the actions of third parties towards their employees.
In this episode we cover: * The background to third party harassment law including the case that started it all, the 'Bernard Manning' case. * The law on harassment currently. * What the new law says about third party harassment. * When third party harassment may arise. * What steps employers need to take. * Why you need to take action now. * Legal liability for employers. * Why you need to start considering who your 'Finchy' from the Office is!
Key takeaway: Employers need to start taking action now to assess and identify the risks of third party harassment.
In order to take the necessary steps and ensure everything is in place by October 2026 you need to act now.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 259 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes taking place from April 2026.
In this episode we cover: * Changes to Paternity Leave * Paternity Leave will become a day 1 right for all employees * Statutory paternity pay will still have the qualifying period of 26 weeks * Unpaid Parental Leave will become a day 1 right * The requirement for all employers to keep holiday records for 6 years * All employers need to keep records of annual leave entitlement and time taken off * Employers also need to keep records of how much an employee is paid when they take holiday * Why it is important to reconsider how you hold holiday records * The new Fair Work Agency * The risks to employers in terms of penalties and reputation if the Fair Work Agency intervene * Changes to Statutory Sick Pay * The impact on employers of the new SSP rules * Why managers need to be aware and to tighten up the management of short term regular sickness absence * Why it is important to start taking action now to get ready for the new law.
Key takeaway: Employers need to start taking action now to educate and empower managers to proactively manage employees for success.
You need to review and update policies on Paternity Leave, Parental Leave and Statutory Sick Pay.
You also need to consider how you store your holiday records and how you are going to store them going forward.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 258 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes in regards to unfair dismissal including an analysis of the impact and the practical steps employers need to take.
In this episode we cover: * Changes to the rules on who can claim unfair dismissal * Why it is important to start taking action now to get ready for the new law. * Why you need still consider probation periods and how you manage them. despite the fact that a mandatory probation period is no longer included in the Employment Rights Act 2025. * Suggested contract changes to deal with the new unfair dismissal risks. * Training for managers that is going to be critical. * The importance of robust induction and onboarding processes. * An emphasis on proactive management of performance, behaviour and conduct issues. * The importance of honest conversations and expectation setting at the outset.
Key takeaway: Employers need to start taking action now to educate and empower managers to proactively manage employees for success.
Gone are the days where managers can be vague on expectations of employees and fail to follow up when standards are not met and then dismiss an employee 'out of the blue' without due process.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
What is the status of the changes under the new law? In this episode 257 of the employment law and HR podcast, as we reach the end of the year and the last podcast for 2025 I cover an update on the status of the Employment Rights Bill, the changes and what has been happening to delay the new law.
In this episode we cover: * The latest issue causing contention and subsequently delays in the parliamentary process.
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What the impact could be of a removal of the compensation cap for unfair dismissal claims.
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A rundown of the other changes to the Bill from the initial version published.
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What the key changes are and what employers need to be aware of.
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Why it is important to start taking action now to get ready for the new law.
Key takeaway: There are going to be significant changes to employment rights for employees but those employers who are proactive, fair and have robust procedures and policies in place, coupled with management training will find that the risk of a claim does not increase. For employer who do nothing or think that it will not apply to them there is a significant increased risk of an employment tribunal claim.
You may also find the following helpful:
Employment Rights Bill 2024: Key information
Employment Rights Bill
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
An effective tool to resolve disputes In this episode 256 of the employment law and HR podcast I cover an overview of Settlement Discussions and how you can use them to resolve difficult situations in the workplace.
In this episode we cover: * When settlement discussions can be used * The difference between 'without prejudice' conversations and 'protected conversations' * How to safely make an offer * What to avoid to prevent claims * Why the frequent use can be a problem * Practical tips on how to deal with settlement discussions
Key takeaway: Settlement discussions can be a useful tool but care needs to be taken about how you approach the discussion and when you decide to use an offer, and the frequency with which you use settlement discussions.
You may also find the following helpful:
https://realemploymentlawadvice.co.uk/podcast/when-are-settlement-discussions-protected/
https://realemploymentlawadvice.co.uk/2025/05/27/settlement-agreements-in-employment-what-uk-employers-and-employees-need-to-know/
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed.
Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it.
In this episode we cover: * The facts of the case – what actually happened and how the dispute reached tribunal. * How the tribunal assessed whether the dismissal was fair in all the circumstances. * The importance of proportionate disciplinary action and consistent treatment. * Why context matters – including the employee's record, workplace culture, and employer policies. * Practical steps for managers handling misconduct or inappropriate language at work. * What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes. * Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend.
Key takeaway: Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound.
Working with family can present different challenges but employment law still applies!
You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers:
In this episode we cover:
When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker (AB) who was sexually harassed by a colleague (CD) while travelling in his car.
The central legal issue was whether the colleague's conduct could be said to have taken place "in the course of employment" under section 109 of the Equality Act 2010 a key factor in determining whether the employer was legally liable.
The Employment Tribunal originally found that, although harassment had occurred, the agency was not liable, as the harasser was not "acting in the course of his employment" at the time.
However, the Employment Appeal Tribunal (EAT) found that the Tribunal had not properly applied the test for what counts as an "extension of employment" and sent the case back to be reconsidered.
What Went Wrong at the Tribunal? The Tribunal accepted that serious sexual harassment took place but concluded that:
- The harasser was not working or carrying out duties at the time;
- The lift to work had not been arranged or approved by the employer; and
- The employer could not have known about the encounter.
The Employment Appeal Tribunal disagreed, highlighting that the Tribunal had failed to consider several important factors, such as:
- The ongoing work-related connection between the parties (including prior lifts to jobs);
- The harasser's work messages, sent during his shift, that were sexually inappropriate; and
- The claimant's genuine belief that she was travelling for work when the incident occurred.
These could all point to the events being an "extension of the workplace" — and therefore potentially within the "course of employment".
Why This Matters for Employers This judgment is a reminder that liability for harassment is not confined to the four walls of the workplace. If there is a sufficient connection between the conduct and work, such as communication during work hours, travel to or from work, or employer-organised events, the employer could still be found responsible.
Key Takeaways * Think beyond the workplace. Harassment at social events, during work travel, or over work-related messaging platforms may still fall "in the course of employment." * Risk Assess. Carry out a risk assessment to identify risk areas in your organisation and take mitigating steps accordingly. * Review policies and training. Clear boundaries and reporting procedures for off-site conduct can reduce risk. * Take complaints seriously. In this case, the Tribunal noted concern that the employer had done little to support the claimant or investigate the alleged harasser while a police inquiry was ongoing. * Context is everything. Whether an act is "in the course of employment" will always depend on the facts but employers are expected to take a proactive stance in preventing and addressing harassment.
You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/ab-v-grafters-group-ltd-ta-csi-catering-services-international-2025-eat-126
Duty to take steps to prevent sexual harassment All employers, regardless of size and resources, now have a legal obligation to take steps to prevent sexual harassment.
One of the steps you need to take is to train your employees on what sexual harassment is and standards of conduct required.
We have a range of training options available to you, including our DIY employee training which is available for £15 plus VAT per person. If you want to 'bulk buy' 50 or more places we have a discount code available please do not hesitate to get in touch.
You can access the training here: https://employment-law-hr-advice.teachable.com/
We also have full DIY resources for employers here: The prevention of Sexual Harassment at work
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Practical Guidance for Managers When it comes to managing workplace issues, prevention is always better than cure. In this episode 253 of the Employment Law & HR Podcast, we dive into why early action matters, how to spot the signs of trouble, and practical steps you can take to stop minor issues from escalating into costly legal problems.
In this episode, we cover:
- Why early action is often avoided by employers and managers.
- The real cost of delaying action on workplace concerns.
- Spotting the early warning signs that something isn't right.
- How to have effective "fix it" conversations with employees.
- When to use mediation as a tool to rebuild trust.
- How recent legal developments under the Employment Rights Act 2025 increase the need to act early.
"The best employers set their teams up for success by addressing concerns before they become conflicts."
Why This Matters Too often, organisations wait too long to address performance or behaviour concerns—leading to grievances, resignations, or tribunal claims. Early, fair, and well-documented action not only reduces legal risk but builds trust and stronger workplace cultures.
Common Scenarios Where Early Action Makes a Difference * A small clash over workload expectations turns into a bullying allegation. * Personality clashes that go unchecked end in formal grievances. * Persistent lateness leads to dismissal and an unfair dismissal claim. * Failure to address wellbeing concerns leads to long-term sickness absence.
Practical Tips from the Episode * Use simple, open language: "I've noticed a change — is everything okay?" "Let's talk about how we can resolve this early." * Document informal conversations. * Consider mediation early to prevent escalation. * Escalate when the issue involves serious allegations or risks.
Key Takeaways 1. Act early — don't wait for issues to grow. 2. Communicate openly, calmly, and empathetically. 3. Keep records of informal actions and discussions. 4. Mediation can save relationships and reduce conflict. 5. Seek professional advice when in doubt.
If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion.
We can also help if you are an employer defending a claim in the Employment Tribunal.
Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 252 of the podcast following on from the last episode about constructive unfair dismissal I bring you a rundown of some employment tribunal case examples.
In this episode I cover the following cases:
- Mr Marshall v Mcpherson Limited (2025) 09 07 2025 – Employment Appeal Tribunal case
- Mrs Rogerson v Dreamstore Norwich Limited 16 01 2020
- Western Excavating (ECC) Ltd v Sharp [1978]
- Malik v BCCI [1997]
- Isle of Wight Tourist Board v Coombes [1976]
- Bournemouth University v Buckland [2010]
- Blackburn v Aldi Stores Ltd [2013] – EAT
- British Aircraft Corporation Ltd v Austin [1978]
- Omilaju v Waltham Forest London Borough Council [2005]
If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion.
We can also help if you are an employer defending a claim in the Employment Tribunal.
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Other resources you may find helpful: What is Constructive Unfair Dismissal?
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
This is a quick summer message as I am taking a short break from the podcast for some rest and family time.
The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer.
Thanks for listening.
Alison
In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal.
In this episode I cover:
- What Constructive Unfair Dismissal is?
- How the law came about
- Why we have the legal right to claim constructive unfair dismissal
- How constructive unfair dismissal differs from unfair dismissal
- The leading case and judgement from Western Excavating v Sharp
- An employee can claim an employer has breached both express and implied terms
- The implied term of trust and confidence and how this was established
- The leading case of Malik v BCCI
- What an employee needs to show in order to claim constructive unfair dismissal.
If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion.
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Other resources you may find helpful: What is Constructive Unfair Dismissal?
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction.
In this episode I cover:
- What a warning is.
- Why some managers use warnings inappropriately.
- When a warning should be used.
- The procedure for issuing a warning.
- Why it is important to follow the correct procedure when issuing a warning.
- How long warnings should last for.
- What you should consider if you want to give an indefinite warning.
- When you can take into consideration an expired warning.
- What to consider if you want to dismiss an employee after cumulative warnings.
- How getting the process wrong could lead to a claim for constructive unfair dismissal.
If you would like training and support for your managers to empower them to deal with capability and disciplinary processes confidential and correctly, please don’t hesitate to get in touch for free in obligation discussion..
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Other resources you may find helpful: Disciplinary Issues
Unfair Dismissal
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees.
In this episode I cover:
- My own and my colleagues first hand experience of the delays in the employment tribunal.
- A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are currently in the system.
- Some real life cases where judgements have been issued and published recently.
- My thoughts on why the system is ‘broken’ and why it is only going to get worse.
- How I would change the system to reduce delays and volume of cases.
If you are making a claim, considering a claim or are involved in defending a claim, we can assist you, and take away some of the stress from the process. Please do not hesitate to get in touch for a free no obligation discussion about your case.
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Cases referred to: Hill v St Pauls C of E Primary and Others
Baker v Jaguar Land Rover Limited
Parker v Chief Constable of Hampshire and Isle of Wight Constabulary
Craven v Forrest Fresh Foods Limited
Latest statistics from the Tribunal system https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025 Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay.
We cover the key points employers, employees and HR professionals need to know, including:
- Why it is important to calculate leave entitlement and pay separately.
- How to calculate annual leave entitlement for a regular employee with guaranteed or set hours.
- How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker.
- What you need to consider when calculating holiday pay for all employees.
- When you can pay the standard or basic pay for holiday.
- When you need to calculate the average pay over the last 52 weeks and pay this for holiday.
- What rolled up holiday pay is and when you can pay it.
- Why you will need to rectify any issues with your calculation of holiday pay now.
- What changes are set out in the Employment Rights Bill 2025 in regard to holiday record keeping.
Whether you are an employer, HR advisor, or employee looking to understand your rights, this episode offers clear, up-to-date guidance on annual leave and holiday pay.
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Other resources on holiday Holiday Pay: What is Rolled Up Holiday Pay?
Holiday pay and holiday entitlement changes 2024
Resources about Worker status When is a ‘Worker’ a ‘Worker’ for the purposes of employment law?
Worker Status & the ‘Gig’ Economy: Addison Lee Drivers
Uber Drivers Have Workers Rights: Episode 66
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth.
We cover the key points employers, employees and HR professionals need to know, including:
- What neonatal care leave is and who will be eligible
- How the statutory leave and pay will work in practice
- The qualifying conditions for employees
- The likely impact on employers and pay requirements
- Practical steps to prepare for the new legislation
Whether you’re an employer, HR advisor, or employee looking to understand your rights, this episode offers clear, up-to-date guidance on this important new family-friendly policy.
Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.
Neonatal Care Leave & Pay Policy We have a template policy, with guidance notes, available to download now on our website for £18. You can purchase now here: Neonatal Care Leave and Pay Policy
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE.
This is episode 5 of a mini series covering the key details you need to know about TUPE.
In this episode of the podcast we cover the following questions
- Can you change employee terms so that they are the same as your existing employees?
- When can you make changes to employee contracts?
- Can you make changes to terms if a couple of years have passed?
- What happens to employee holiday entitlement when they transfer?
- What if the client decides they no longer want the service we provide and do not appoint a new provider or bring the work in-house?
- What if TUPE does not apply to a particular employee but the transferor and transferee agree for them to transfer?
Episode 1 – Introduction to TUPE
Episode 2 – Employee Rights
Episode 3 – Automatic Unfair Dismissal
Episode 4 – The legal duty to inform and consult
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The Employers obligation to provide information to employees In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer.
This is episode 4 of a mini series covering the key details you need to know about TUPE.
In this episode of the podcast we cover:
- The requirement to provide employee liability information for the incoming employer.
- When you may have to provide employee information under the terms of your contract with a customer.
- Who employers need to inform about a transfer.
- When employers need to elect employee representatives.
- When an employer can inform employees directly.
- When the obligation to consult with employees arises.
- Practical steps to plan ahead and ensure compliance with legal obligations.
Episode 1 – Introduction to TUPE
Episode 2 – Employee Rights
Episode 3 – Automatic Unfair Dismissal
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £225 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment.
This is episode 3 of a mini series covering the key details you need to know about TUPE.
In this episode of the podcast we cover:
- The additional protection from unfair dismissal as a result of a transfer.
- When the automatic unfair dismissal right applies.
- The required length of service to bring a claim for automatic unfair TUPE dismissal.
- The defence to a claim for automatic unfair dismissal under TUPE.
- What economic, technical and organisational reasons have been successful defences.
- When a dismissal is not linked to the TUPE transfer.
Episode 1 – Introduction to TUPE
Episode 2 – Employee Rights
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 243 of the podcast I bring you a run down of the key employee rights under TUPE when there is a transfer of their employment.
This is episode 2 of a mini series covering the key details you need to know about TUPE.
In this episode of the podcast we cover:
- The automatic transfer of employment principle.
- How to determine which employees fall into the organised grouping that transfer.
- Employee right to object to the transfer.
- What happens when an employee objects to the transfer.
- What happens to employee continuous service on transfer.
- How to deal with employee terms and conditions on transfer.
- When a change to terms is void.
- The exceptions to making changes to employee terms after a transfer.
Episode 1 – Introduction to TUPE
Sexual Harassment Training Learn how to create a safe & respectful workplace by attending our online Sexual Harassment Prevention Training for Managers. Online training – 26th March 2025 from 9:30-11am Book now here:
https://www.eventbrite.co.uk/e/sexual-harassment-prevention-training-for-managers-tickets-1204886119819?aff=oddtdtcreator
90 minute training session for Managers £75 plus VAT.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 242 of the podcast I bring you an introduction to the law on the transfer of undertakings (protection of employment) regulations, also known as TUPE.
This is episode 1 of a mini series covering the key details you need to know about TUPE.
In this episode of the podcast we cover:
- What TUPE is.
- The background to the legislation.
- The purpose and effect of TUPE regulations.
- When TUPE will apply.
- What a Business Transfer is and how to identify if TUPE applies.
- What a Service Provision change is and how to identify when TUPE will apply to a Service Provision Change.
Sexual Harassment Training Learn how to create a safe & respectful workplace by attending our online Sexual Harassment Prevention Training for Managers. Online training – 26th March 2025 from 9:30-11am Book now here: https://lnkd.in/e7ME3EKZ 90 minute training session for Managers £75 plus VAT.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Dealing with toxic or negative employees can be time consuming and tricky. In this episode 241 of the podcast I discuss what it is like to have toxic or negative employees on your team. Those employees who bring everyone down, and in some cases relish making life difficult for their manager, supervisor or employer, are very tricky to deal with and require really strong management and proactive management even when it is difficult.
In this episode of the podcast we cover:
- How to identify those toxic employees.
- What you do with employees who are constantly negative.
- The impact these toxic employees can have on the rest of the team.
- How toxic employees can, in extreme cases, make employers afraid to attend at their own business!
- The steps you can take to address the issue of a toxic or negative employee.
- Why you need to address negative or disruptive behaviours early on.
- Why approaching difficult conversations with kind candour will help you overcome your fear.
- Example cases where employees have been dismissed due to their negative or disruptive behaviours.
Cases covered in this weeks' podcast Dangerfield v Red Bull Technology Limited
O’Hare v Q D Services Ltd
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 240 of the podcast I bring you a rundown of when you may be able to recover your costs if you are successful in making a claim or defending a claim in the Employment Tribunal.
In this episode of the podcast we cover:
- What you need to know to avoid having a costs order made against you.
- When you may be at risk of having to pay the other party’s costs.
- When a costs award may be made
- What the Employment Tribunal will consider when they are deciding whether to make a costs award.
- If costs can be awarded against someone who does not have a legal representative.
- If costs will be awarded against you if you do not have the money to pay.
- What vexatious, abusive or disruptive conduct is.
- Why unreasonable conduct in the bringing or defending a claim can lead to you having to pay costs.
- What the Employment Tribunal will consider when determining if a case has no reasonable prospects of success.
- The type of costs order that can be made.
- The amount of costs that you can recover.
Cases covered in this weeks’ podcast Hargreaves v Evolve Housing and Support (2024)
Clements v Secretary of State for Justice (2021)
Legge v Environment Agency [2024] 3 WLUK 616
Vaughan v London Borough of Lewisham and others UKEAT/0533/12
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 239 of the podcast I bring you a reminder of the without prejudice rules and section 111A protected discussions and the importance of following a process when you are making an offer to an employee. Equally if you are an employee engaged in discussions why your behaviour can also come under scrutiny. The case we are covering is Gallagher v McKinnon’s Auto and Tyres.
In this episode of the podcast we cover:
- What the common law ‘without prejudice’ rules are and when they apply.
- What improper behaviour is in the context of without prejudice discussions.
- What the Section 111A Employment Rights Act 1996 is and when it applies.
- Why employers should follow the ACAS code of practice on settlement discussions.
- My tips for dealing with settlement discussions in a way that avoids any improper behaviour.
- The facts the case Gallagher v McKinnon’s Auto and Tyres and the decision of the Employment Appeal Tribunal.
Previous Podcasts to Note Settlement Discussions & Settlement Agreements
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 238 of the podcast I bring you a rundown of the key employment law changes from 2024 as well as a look ahead to what is to come in 2025. It is important that all employers are aware of the changes and take steps to ensure compliance now.
In this episode of the podcast we cover:
- Holiday entitlement calculations for irregular hours, zero hours and part-year workers.
- Holiday pay changes.
- Expansion of flexible working rights.
- Introduction of carer’s leave.
- Paternity leave changes.
- Changes to redundancy protection for pregnant employees and those taking family leave.
- Sexual harassment prevention duty.
- Gratuity (Tips) law changes.
- The Employment Rights Bill.
- New Employment Tribunal rules and procedures.
- Removal of employers ability to respond to an Employment claim by email.
- Neo-natal care leave.
- Gender identity and gender critical belief cases.
Previous Podcasts to Note Holiday Pay changes – Holiday Entitlement & Pay
Sexual Harassment Prevention – New Sexual Harassment Laws in 2024 & New Sexual Harassment Law: Important change for all employers
Employment Rights Bill –Employment Rights Bill 2024: Key information
Redundancy Protection case – Redundancy Protection on Maternity Leave
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 237 of the podcast I bring you an interview with Steve Phillip founder of The Jordan Legacy an organisation founded following his life-changing experience after the death of his son Jordan.
In this episode of the podcast we cover:
- What employers need to be aware of with regards to suicide.
- Tips on how to manage conversations about suicide.
- Why every employer has a role to play in preventing suicide.
- Resources that all employers can access.
- Managing employee wellbeing and mental health generally.
Resources Zero Suicide Alliance 20-minute free video training resource: https://www.zerosuicidealliance.com/training
The Hub of Hope – postcode search for local help and support: https://hubofhope.co.uk/
The Jordan Legacy website: https://thejordanlegacy.com/
The Jordan Legacy Help & Resources website page: https://thejordanlegacy.com/help-resources/
Steve Phillip Steve Phillip was a successful leadership & sales coach and corporate speaker, heading towards semi-retirement, when, in December 2019, he received a call that would change his life forever; his 34 year old son, Jordan, had taken his own life.
Within 12 months of this life-changing experience, Steve established The Jordan Legacy CIC to provide hope to people who are feeling suicidal, by engaging all those who share his ambition prevent all preventable suicides’.
With a following of more than 60,000 people on LinkedIn, Steve delivers impactful and inspiring talks and interviews, using his own lived experience and insight to help others spot the signs that someone might be struggling with their mental health and how to provide support to those who are feeling suicidal. Steve delivers talks and interviews on the topic of suicide awareness and prevention to corporate organisations, charities, education centres, the Police, the Military and other organisations and community groups throughout the UK and overseas, including policy makers in various UK Government departments.
𝗚𝗘𝗧 𝗜𝗡 𝗧𝗢𝗨𝗖𝗛 Website: https://thejordanlegacy.com/
Jordan’s Space – The Jordan Legacy’s fortnightly radio show https://thejordanlegacy.com/jordans-space-on-yowah/
E: steve@thejordanlegacy.com
LinkedIn – (Steve’s profile): https://www.linkedin.com/in/stevephilliphope/
LinkedIn – The Jordan Legacy Company page https://www.linkedin.com/company/the-jordan-legacy-foundation/
Instagram: @jordanlegacyUK https://www.instagram.com/jordanlegacyuk/
Twitter – The Jordan Legacy: @jordanlegacyUK https://twitter.com/jordanlegacyUK
Twitter – (Steve’s profile) @hopestevep https://twitter.com/hopestevep
Facebook – (The Jordan Legacy) https://www.facebook.com/thejordanlegacycic/
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 236 of the podcast I bring you my tips and ideas on how to have effective one to one and supervision meetings with staff.
One of the things that many managers struggle with when managing people is maintaining regular meaningful communications with staff.
In this episode of the podcast I cover:
- What is a one to one and supervision meeting.
- What is the difference between a one to one and a supervision meeting.
- Why it is important to incorporate in your management of staff.
- Why it does not have to be a complicated process.
- Why it is effective in improving performance.
- The steps needed to hold effective one to one and supervision meetings.
- What to include in your conversation.
- Why follow up is critical to success
- How it will save you time in the long run.
When preparing for one to one’s or supervision meetings I strongly recommend you read the work by Gary Vaynerchuck on Kind Candour.
You can read a blog post on it here: https://www.garyvaynerchuk.com/kind-candor-and-why-how-you-deliver-the-medicine-matters-road-to-twelve-and-a-half-series/
Alternatively his book, Twelve and a Half: Leveraging the Emotional Ingredients Necessary for Business Success is even better as a resource for managers.
You can purchase the book via Amazon HERE *
*please note that if you use this link it is an affiliate link which means whilst it will not cost you any more however we will receive a referral payment from Amazon.
Sexual Harassment Training Requirements: Prevention Obligation DIY Training for Employees – £18 per person (inclusive of VAT) We have created a training programme for all employees so that they understand what Sexual Harassment is, how to report and what they should be doing to help prevent sexual harassment.
The training can be completed as required and will take approximately 75 minutes to complete. For more information or to access the course please go to:
We are also offering a discount for bulk orders to please contact me by mail alison@realemploymentlawadvice.co.uk for more information.
Certificates will be provided for all attendees as proof of training.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 235 of the podcast I bring you all the detail about a recent case decided by the Employment Appeal Tribunal, Hunter V Carnival plc in which the Appeal Tribunal considered the protection provided by regulation 10 of the Maternity and Parental Leave Regulations 1999.
In this episode we cover:
- The protection provided to women on maternity leave by regulation 10 of the Maternity and Parental Leave Regulations 1999.
- The analysis of a suitable alternative vacancy in the context of maternity leave protection when a redundancy situation arises.
- What employers have to consider if they are making redundancies when an employee is on maternity leave or another period of family leave.
- What the difference is between reducing numbers of staff in a role and creating new reduced number roles.
You can read the full judgment here: Hunter v Carnival plc
Sexual Harassment Training Requirements: Prevention Obligation Webinar Training for Managers 20th November at 10am
90-minute training webinar to ensure they understand what sexual harassment is, how to prevent sexual harassment and reporting and investigation obligations and processes.
Each webinar is 90 Minutes, and the cost is £81.96 per person.
To book please head to Eventbrite here: https://www.eventbrite.co.uk/e/sexual-harassment-prevention-training-for-managers-tickets-1059654728819?aff=oddtdtcreator
Marie Fall, Chief People and Culture Officer from Axel Arigato had this to say about the training provided:
“We recently participated in a workshop led by Alison Colley on sexual harassment prevention, and it exceeded our expectations in every way. Alison brought an engaging and structured approach, delivering critical insights with clarity and depth. The session was interactive, making the complex topic accessible and relatable for all our leaders. The feedback from participants was overwhelmingly positive, highlighting both the quality of the content and Alison’s expert facilitation. We left feeling equipped and motivated to foster a safe, respectful workplace culture. Thank you, Alison, for an impactful session!”
DIY Training for Employees – £18 per person (inclusive of VAT) We have also created a training programme for all employees so that they understand what Sexual Harassment is, how to report and what they should be doing to help prevent sexual harassment.
The training can be completed as required and will take approximately 75 minutes to complete. For more information or to access the course please go to:
We are also offering a discount for bulk orders to please contact me by mail alison@realemploymentlawadvice.co.uk for more information.
Certificates will be provided for all attendees as proof of training.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
On the 10th October 2024 the biggest reform of employment law for many years was published in the form of the Employment Rights Bill.
In this episode 234 of the podcast I bring you all the detail about the changes to employment law. In this episode we cover:
- Sexual Harassment ‘all’ steps prevention
- Employees who make a sexual harassment disclosure will become a ‘protected disclosure’ for whistleblowing protection
- Employers will be liable to third party harassment
- Removal of the unfair dismissal qualifying period
- Introduction of a statutory probation period
- Regulation on zero and low hours contracts
- Additional rights for those on zero hours or low hour contracts
- Additional pregnancy protection from dismissal
- Additional protection for those who take family leave
- End to employers ability to dismiss employees who refuse a change to their contract terms
- Additional requirements for employers to justify the decision to refuse a request for flexible working
- Removal of the waiting period for statutory sick pay so it will be available from day 1 of employment
- Bereavement leave available for all
- Paternity and parental leave will be available from day one of employment
- Change to how you calculate the numbers for collective redundancy
- Creation of a fair work agency
- Trade Union reform including requirement for employers to set out in a written statement that the worker has the right to join a trade union
You can read the full bill here: https://bills.parliament.uk/bills/3737
Sexual Harassment prevention paperwork For £100 plus VAT you can now download the following documents to get you started with your obligation to prevent sexual harassment:
Sexual harassment risk assessment – organisation wide Sexual Harassment Policy Template & Guidance Note Sexual Harassment Investigation flow chart Notice to issue to all staff Training record Timetable for annual review Investigation guidance for managers You can download now here: Sexual Harassment Prevention Documents for Employers
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Photo by Deniz Fuchidzhiev on Unsplash
From the 26th October 2024 a new proactive duty to prevent sexual harassment comes into force and will apply to all employers regardless of size.
In this episode 233 of the podcast I bring you all the detail about the change in the law as well as my advice and recommendations on what employers should be doing to ensure compliance. In this episode we cover:
- What the new legal obligation means.
- The consequences of not complying with the new obligation.
- The steps that employers should take to ensure minimum compliance.
- Why an annual review is needed.
- Why training for managers and all staff is important.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer.
Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers.
In this episode 232 of the podcast I bring you a run down of the key things employers can do if they find themselves in a situation where confidential information has been taken and how to safeguard and prevent the loss in the first place. In this episode we cover:
- The reasons why departing employees may take confidential information or documents,
- The immediate steps employers should take when they find out that an employee has taken confidential information.
- The legal options available including obtaining an injunction and/or damages.
- The potential criminal consequences of taking confidential information or documents.
- Steps that employers can take during an employee’s employment to safeguard data.
- The importance of a robust confidentiality clause in employment contracts.
- When a non-disclosure agreement may be required.
- Why you should consider post-termination restrictions in your employee contracts.
- The points to note to ensure post-termination restrictions are enforceable.
- Why having robust IT processes and regular audits is important.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 231 of the podcast I bring you an interview with Alice Derbyshire who is a specialist coach and speaker and who works with parents and employers on making the transition back to work as easy as possible.
In this episode of the podcast we cover:
- What the key issues are for HR and managers to consider.
- Tips on how to reintegrate new parents back to the workplace.
- Why communication is key to a successful return to work.
- Why both employee and employer have a role to play in making it a success.
- The importance of one to one and or performance reviews before someone leaves for maternity leave.
- Why you need to have a plan in place for breastfeeding employees.
- Health and safety reviews for pregnant employees and new mums.
- The importance of putting in place touch points during parental leave.
Alice has also produced a document for you ‘Return to work from Parental Leave – 3 Easy Steps to Success’ which you can download for free here: HERE
Alice Derbyshire I want my kids to go to work and see a balance of men and women at every level of the organisation. To see role models that look and feel like them; to know that it’s possible to succeed regardless of their gender. I work with businesses who care about this too; supporting you to get structural balance from the bottom to the top.
Leadership Coaching | Leadership Development | Parental Transitions | Workshops | Consultancy
What clients say:
“Alice is one of those rare individuals who understands the world we work in and how to impact business quickly. I couldn’t recommend her highly enough if you need an exceptional person to help your business grow through the people that you employ.” – Managing Director
“You are perceptive, kind, and challenging in the most supportive way. How wonderful it is to see small tweaks have such a positive transformation on my leadership impact. I’ve learnt so much in a short time.” – Senior Global Marketing Director
You can contact Alice:
By phone: +44(0)7789 555626
Book time with Alice on Calendly
Find out more – www.alicedarbyshire.com
See Alice’s experience on LinkedIn
Follow her musings on Instagram
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
We are often called upon by employers and managers to advise on situations where issues with performance arise with employees, and the manager/employer has reached the end of their patience with the individual.
We are also regularly asked by employers about how to manage employees who do not do what is required or are not up to standards.
Whilst we can advise and resolve issues using a formal performance management process it is much better to head off the issues at an early stage and avoid the formal process altogether. In this episode 230 of the podcast I bring you a run down of the key things you can do to set your employees up for success. In this episode of the podcast we cover:
- Assessing and checking if you and your team understand their role and contribution to the business
- How to start in setting out goals and targets for each employee
- Why it is important to have the goals and targets and aims in place
- How it will help you in the long run
- How to proactively manage your team
- Why it is important to proactively manage your team
- What typically happens when the foundation work has not been done
- Why it inevitably leads to a dispute if the foundation is not in place and proactively managed
- The action points that you can take now to set up for success and prevent problems from arising
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Photo by Carlos Muza on Unsplash
In recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment. In this episode 229 of the podcast I bring you a run down of the employment rights that apply to directors who are employees of the business.
I also cover my tips on avoiding disputes and how to resolve them quickly in the event of a dispute arising.
In this episode of the podcast we cover:
- When a director is also an employee.
- The rights of directors who are also employees.
- Why you need to have an employment contract and clear terms in place at the outset.
- The importance of company documentation.
- Why you need to have targets and goals for directors that are measurable.
- Why you should caution against dismissing a director from their employment merely because they are no longer able to be a director.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Episode 6: Listener questions answered about disciplinary issues & unfair dismissal In this weeks’ episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 228 I will cover: * What to do if an employee fails to attend a disciplinary hearing * What to do if an employee is signed off sick during the disciplinary process * My suggestion on how you should handle matters if an employee asks to be accompanied at the hearing by someone other than a trade union rep or work colleague * How to handle things if you have a small business and you are the only person able to deal with the investigation process and disciplinary hearing * How you should deal with the expiry of a Fixed-Term Contract * What procedures apply to the expiry of a Fixed-Term Contract
Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.
Helpful Links Employment Rights Act 1996
ACAS Code of Practice
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
- An introduction to the Equality Act
- Equality and Diversity Training
- An introduction to disciplinary & grievance processes and the law
- Holding effective 1:1’s
- Appraisal training—Introduction
- Appraisal training—Refresher
- Holding difficult conversations
- Effective root cause analysis
- Giving and receiving effective feedback
- Dealing with change & change management
- Time management
- Absence management
- How to carry out a disciplinary investigation
- Managing the disciplinary process
- Managing the grievance process
- Performance and capability management
- Assertiveness & managing confidently
- The skills required to be a good manager
- An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 227 I will cover: * What the remedies are for unfair dismissal. * What the difference is between an order for reinstatement and an order for re-engagement. * How compensation for unfair dismissal is calculated. * What the ‘Basic Award’s is. * What the ‘Compensatory Award’ includes. * What the Statutory Cap means. * How causation effects compensation for unfair dismissal. * What a Polkey deduction is. * How the employees contributory fault can reduce compensation. * What will happen if an employee has been claiming state benefits. * Why an employee must try to mitigate their loss. * Why employers should consider all of these issues in their defence and in producing evidence.
Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.
Helpful Links Employment Rights Act 1996
ACAS Code of Practice
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
- An introduction to the Equality Act
- Equality and Diversity Training
- An introduction to disciplinary & grievance processes and the law
- Holding effective 1:1’s
- Appraisal training—Introduction
- Appraisal training—Refresher
- Holding difficult conversations
- Effective root cause analysis
- Giving and receiving effective feedback
- Dealing with change & change management
- Time management
- Absence management
- How to carry out a disciplinary investigation
- Managing the disciplinary process
- Managing the grievance process
- Performance and capability management
- Assertiveness & managing confidently
- The skills required to be a good manager
- An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 226 I will cover: * What the purpose of the ACAS Code of Practice is * The background to the Code of Practice * What the essential elements of the Code of Practice are * When the ACAS Code is applicable * What the consequences are of failing to follow the Code * Why you should have it in mind when dealing with conduct, performance and some other substantial reasons * What you need to do to fairly investigate alleged conduct * What you need to consider before dismissing an employee
Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice.
Check your contracts and procedures to ensure that your disciplinary procedure is not contractual.
Helpful Links Employment Rights Act 1996
ACAS Code of Practice
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
- An introduction to the Equality Act
- Equality and Diversity Training
- An introduction to disciplinary & grievance processes and the law
- Holding effective 1:1’s
- Appraisal training—Introduction
- Appraisal training—Refresher
- Holding difficult conversations
- Effective root cause analysis
- Giving and receiving effective feedback
- Dealing with change & change management
- Time management
- Absence management
- How to carry out a disciplinary investigation
- Managing the disciplinary process
- Managing the grievance process
- Performance and capability management
- Assertiveness & managing confidently
- The skills required to be a good manager
- An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 225 I will cover: * What the test for reasonableness is in accordance with the Employment Rights Act 1996 * The two elements of a reasonable dismissal, Procedure and Substantive Fairness * What the fundamentals are for a reasonable dismissal decision * The different reasonableness and procedural requirements for each of the potentially fair reasons * What the range of reasonable responses test is * What you need to do to fairly investigate a conduct allegation * What you can do if you have more than one ‘suspect’ in an allegation of misconduct * How to deal with performance issues in order to fairly dismiss an employee for poor performance * What you need to consider before dismissing an employee
Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.
Helpful Links Employment Rights Act 1996
BHS v Burchell
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
- An introduction to the Equality Act
- Equality and Diversity Training
- An introduction to disciplinary & grievance processes and the law
- Holding effective 1:1’s
- Appraisal training—Introduction
- Appraisal training—Refresher
- Holding difficult conversations
- Effective root cause analysis
- Giving and receiving effective feedback
- Dealing with change & change management
- Time management
- Absence management
- How to carry out a disciplinary investigation
- Managing the disciplinary process
- Managing the grievance process
- Performance and capability management
- Assertiveness & managing confidently
- The skills required to be a good manager
- An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 224 I will cover: * What the five potentially fair reasons are * An example of each of the reasons * How they are applied * Why the facts of each are important * Why swearing at work can be grounds for a fair dismissal * Who has the burden of proving the reason for the dismissal * Why the burden shifts in a claim for Automatic Unfair Dismissal * What you need to consider before dismissing an employee
Action Points Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation.
Helpful Links Employment Rights Act 1996
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not.
In this episode I will cover: * The history of unfair dismissal * How unfair dismissal started in the early 1970’s * What it is and where you will find the law * The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal * The qualifying period for unfair dismissal * Unfair dismissal claims with no qualifying period of service * Claims for Automatic Unfair Dismissal * The time limit for claims * Circumstances when an employer must provide written reasons for an employees dismissal
Action Points Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.
Helpful Links Introduction to Constructive Unfair Dismissal: Episode 18
Focus on Constructive Unfair Dismissal: Episode 21
Employee who did not receive dismissal letter wins unfair dismissal claim
Employment Rights Act 1996
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024.
In this episode of the podcast we cover:
- The definition of irregular hour worker
- The definition of part year worker
- How statutory holiday entitlement is accrued for irregular hour and part year workers
- How you can deal with carry over of leave
- How to calculate holiday pay
- Rolled up holiday pay is now permitted for irregular and part year workers
- Examples of what to consider when calculating holiday
- Why it is important to check contracts and holiday terms for existing employees before making a change to your holiday entitlement and pay
Harpur v Brazel Case Supreme Court case that has now been overturned and which is covered in Episode 202 Holiday Entitlement & Pay
You can find the full government guidance here: https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 221 of the podcast I bring you my thoughts and reflections on the case of Bates v The Post Office and whilst not directly related to employment law there are lots of lessons that all employers and HR can take from the events that took place.
In this episode of the podcast we cover:
- Why employers and HR need to take internal investigations seriously.
- The key things that investigators get wrong in disciplinary and grievance investigations.
- The civil test of ‘balance of probabilities’ and what this means.
- The importance of a common sense approach to issues that arise.
- Why communication is important at all levels of the organisation.
- Why large organisations need to have in place a means of obtaining feedback from the ground level through to Board level.
- How setting up employee forums, committees and/or employee representatives is a good way to establish if issues are systemic.
- Why the frequent use of settlement agreements can be a sign of an internal issue.
- That the usage and number of settlement agreements should be reviewed at Board level.
- How culture and leadership plays a key role in both avoiding and creating systemic and serious issues arising.
- The importance of independent and external review of decisions and disputes.
- A reminder that at the end of every decision is a human being whose life will be impacted.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Photo by Mick Haupt on Unsplash
In this episode 220 of the podcast I bring you an interview with Fay Wallis who is a specialist career coach who helps HR and People Professionals.
In this episode of the podcast we cover:
- What the key issues are for HR and people professionals.
- Tips on how to address the key issues.
- Time Management tools techniques and resources for HR professionals.
- Being pulled in different directions and how to manage this.
- How to deal with confidence issues and manage imposter syndrome.
- How to influence in your role.
Fay Wallis If you work in the HR or People team and want to have a successful and fulfilling career but have a challenge that’s getting in the way, I’m here to help. A qualified career and executive coach with a background in HR, here are some of the ways I can support you with building your skills, confidence, opportunities and impact at work:
𝗛𝗥 𝗣𝗟𝗔𝗡𝗡𝗘𝗥 Why not download the free condensed pdf version of my popular HR Planner? It’s a brilliant tool to help you get: clear on your work & career goals, organised & on top of your workload, and ready to make an impact & impress in your role.
Here’s the link to download your copy: https://www.subscribepage.com/hrplanner2023waitlist
𝗣𝗢𝗗𝗖𝗔𝗦𝗧 HR Coffee Time features regularly in the top 10 Apple UK Careers Podcasts Chart, and hit the Number 2 spot in April 2023. It’s created especially to help you with your HR/People career. You can find it by searching for ‘HR Coffee Time’ on all the major podcasting platforms, or visiting this page of the Bright Sky website:
https://www.brightskycareercoaching.co.uk/hr-coffee-time-podcast/
𝗦𝗘𝗥𝗩𝗜𝗖𝗘𝗦 • 1:1 coaching • Inspiring HR – group coaching programme • Interview coaching • Career change coaching • Online courses for LinkedIn and CV writing
𝗕𝗔𝗖𝗞𝗚𝗥𝗢𝗨𝗡𝗗 After founding Bright Sky Career Coaching in 2016 and spending several years helping hundreds of people across many sectors and levels with their careers, I realised that I got the most joy from coaching HR and People professionals. So, since September 2022, I now focus all my efforts on supporting them.
To help more ‘People people’, I’ve hand-picked a small team of expert coaches, also with an HR background, who work alongside me and share Bright Sky’s values of:
𝗩𝗔𝗟𝗨𝗘𝗦 • Empathy: We are warm, understanding and supportive. • Expertise: Our coaches are highly qualified, with relevant HR backgrounds. • Empowerment: We ensure our clients have the confidence, energy and skills to move forward.
We’re here to give you what you need to get to where you want to be. And if we’re not a good fit, we’ll point you to someone who is.
▶︎ 𝗚𝗘𝗧 𝗜𝗡 𝗧𝗢𝗨𝗖𝗛 𝗘𝗺𝗮𝗶𝗹: fay@brightskycareercoaching.co.uk 𝗣𝗵𝗼𝗻𝗲: 0330 223 2761 𝗪𝗲𝗯𝘀𝗶𝘁𝗲: https://www.brightskycareercoaching.co.uk/
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode 219 of the podcast I bring you an interview with Michelle Gyimah who is a specialist pay gap strategist.
Michelle is an expert in assisting businesses and organisations to close their pay gap.
In this episode of the podcast we cover:
- Why the gender pay gap is an important consideration for employers.
- Why the gender pay gap still arises.
- The benefits to employers of addressing the pay gap in their business or organisation.
- What businesses and organisations should be considering with regards to their gender pay gap.
- Simple steps employers can consider for equality.
- Other areas of pay gap for employers to consider.
- Some examples of how employers can make a change.
Michelle Gyimah I’m a Pay Gaps Strategist. I specialise in supporting HR Directors to close their pay gaps sustainably.
One of the key aspects of the work I do with organisations is provide training on how to hold better pay and progression conversations. This is an essential tool to closing pay gaps.
By working with me you will:
Gain clear insights into what your organisation needs to do to close pay gaps
Equip your HR teams with the ability to hold conversations about pay and pay progression so that you can retain more staff
Focus on the right measures to improve pay representation
Grow in confidence to discuss pay gaps, pay transparency and pay equity
Find solutions to these problems faster
Create strategies that embed pay transparency to retain talent
Improve your organisation’s employer brand and public perception to aid talent attraction so that you can be a leader within your sector
Talented employees are aware of their power. They are evaluating your organisation on your commitment to building a better future.
Your mission statement is not enough. You need to show how you are creating a truly equal environment.
Addressing inequalities, such as pay gaps and pay equity, is important for employers to take action on.
It can seem like an overwhelming task to begin, but with the right support it can be done.
I have a proven track record in supporting organisations to take tangible actions that make a difference.
My clients enjoy working with me because I combine strategy + implementation to eradicate pay gaps. For good!
If you’re looking to embed strategies to close your pay gaps, to retain and attract more talent, there are three things you can do:
Beyond The Pay Gap Figure podcast – subscribe and listen where I share tips and strategies to get you started: https://pod.link/1601188183
Watch my LinkedIn Course `Inclusive Tech: Closing the Pay Gap’ https://www.linkedin.com/learning/inclusive-tech-closing-the-pay-gap/addressing-gender-binary-language-in-the-pay-gap?autoSkip=true&autoplay=true&resume=false
Ready to talk? Email at mgyimah@equalitypays.co or book here to get on a call to discuss this further https://bookme.name/equalitypays/lite/call
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Prevention of Sexual Harassment obligations for employers are changing in 2024 In this episode 218 of the podcast I bring you an update on the new sexual harassment laws in 2024, including all the information employers need to consider.
In this episode of the podcast we cover:
- What is the current law about workplace sexual harassment.
- What the Equality Act 2010 states about sexual harassment.
- Why there has been a change in the law.
- Some examples of conduct of a sexual nature that would constitute sexual harassment.
- How a single incident can be sexual harassment.
- Who can claim sexual harassment.
- Compensation awarded for sexual harassment claims.
- New legal duty on employers to take reasonable steps to prevent sexual harassment.
- What practical steps employers can take now.
- Recommended training for managers and employees.
- The importance of a policy on harassment.
We will be providing training for employers in early 2024 If you would like more information and to add your details to our waiting list for details of our training programme for managers, HR and for employees then please email Kathy@realemploymentlawadvice.co.uk
Other resources regarding sexual harassment Podcast: Sexual Harassment at Work: Episode 88
New Sexual Harassment Laws
How to deal with a complaint of sexual harassment by an employee
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
How employers can assist employees with sight or hearing loss to succeed In this episode 217 of the podcast I bring you an interview with Dan Williams who is the founder of Visualise Training and Consultancy an organisation which promotes and enables inclusion, accessibility and equality for people living with visual impairment, hearing loss and other forms of disability.
Dan is an expert in assisting businesses and organisations to be more accessible.
In this episode of the podcast we cover:
- How to encourage employees to be open about their condition or disability.
- Creating an inclusive culture at work.
- Ways in which employers can make reasonable adjustments for those with sight and hearing loss.
- Why it is important to give meaningful consideration to adjustments.
- Some examples of how employers can make a change and be more inclusive.
Dan Williams “I established Visualise in 2014 with assistance from The Prince’s Trust. As someone who experienced gradual sight loss, I wanted to advance social change for VI (visual Impairment) rights by campaigning and advocating for inclusion, accessibility, equality and diversity.
As a qualified eye clinic liaison officer and rehabilitation assistant, and with the help of my guide dog, Zodiac, I carry out workplace assessments to support employees with visual impairments. I deliver training that educates staff to better assist clients or customers with VI. Visualise has worked with over 700 organisations across all sectors. When employees are ‘VI Confident’, inclusion becomes ‘business as usual’ for everyone involved, leading to increased job satisfaction and a more rewarding environment.
I also deliver ‘Seeing Beyond the Eyes’ CET workshops to foster closer links between the optical and sight loss sectors to benefit patients.
In a voluntary capacity, I’m on the RNIB Working Age and Transitions steering groups which assesses work-related challenges blind and partially sighted people face. I’m also a Young Ambassador for the Prince’s Trust and sit on their business launch panels, helping other young people to set up enterprises. I’m a member of the College of Optometrists’ Public Patients Reference Group (PPRG), which receives input from patients and the public to improve policies, guidance and patient resources. I am also an active Trustee for The Nystagmus Network charity.
In the beginning, sight loss feels like the end, but later, you realise it’s just the start of seeing differently and having a new outlook on life. Overcoming challenges has given me resilience, determination and the ambition needed to strive for success.
This can also be said of other disabilities, whether they are visible or invisible. We are here to take away the confusion and myths and replace these with solid information that will give you the confidence to interact and welcome those with disabilities into your working environment.”
If you’d like to know more about how your organisation can become more Disability Confident and Aware, please email me at daniel@visualisetrainingandconsultancy.co.uk
Or give me a call on 07472305268
Together we can make a difference.”
About Visualise Visualise Training and Consultancy ltd are on a mission to improve inclusion and accessibility for people with disabilities. Our Founder, Daniel Williams, has an eye condition called Retinitis Pigmentosa, which means he is gradually losing his sight. Daniel established the consultancy in 2014 to share his experience and expertise with companies and organisations. This enables them to provide excellent service for customers and employees alike while meeting their legal obligations under The Equality Act 2010.
What began as a laser-sharp focussed approach centred on sight-loss impairment and its associated elements has since organically grown to encompass other disabilities such as hearing loss in an ever more significant effort for Visualise to truly become a symbol of total inclusivity.
They work with people of all ages and all abilities, including: Disabled people, Veterans, People who experience loneliness, People who need more supportive exercise.
Website: https://visualisetrainingandconsultancy.com/
Email: info@visualisetrainingandconsultancy.co.uk
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
This case illustrates when an employee can qualify for protection from discrimination due to menopause symptoms In this episode 216 of the podcast I bring you a summary of a case that was decided by the Employment Tribunal in regards to the issue of whether an employee was treated less favourably due to menopause symptoms and whether her employer was under an obligation to make a reasonable adjustments. The case is Mrs M Lynskey v Direct Line Insurance Services Ltd.
In this episode of the podcast we cover:
- When menopause symptoms could qualify someone for protection under the Equality Act.
- The types of other claims that employees could bring if treated to their detriment because of menopause.
- Why the Employment Tribunal considered that the employer’s attempts at adjustments were not sufficient.
- Why the Employment Tribunal awarded Mrs Lynskey aggravated damages in this case.
- Tips for employers in ensuring that they behave in an inclusive, fair and reasonable manner with employees who are experiencing menopause symptoms.
- Why we recommend that employers look at making reasonable adjustments, regardless of whether an employee has a confirmed disability.
Case Reference You can read the full judgement here: https://www.gov.uk/employment-tribunal-decisions/mrs-m-lynskey-v-direct-line-insurance-services-ltd-1802204-slash-2022-and-1802386-slash-2022
Other resources regarding menopause Podcast: Menopause support at work: An interview with Nicola Green
Menopause & Work Reform?
An employer has been ordered to pay compensation after making menopause comments
Menopause and work – what do employers need to do and why?
New Acas Guidance on Menopause and the Workplace
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
In this episode 215 of the podcast I bring you an interview with Jan Brookes who is the CEO of a local Isle of Wight Charity, Isle Access. Jan is an expert in assisting businesses and organisations to be more accessible.
In this episode of the podcast we cover:
- The number one thing that all employers can do, with no expense, to assist their staff with long term health conditions.
- Ways in which employers can make reasonable adjustments.
- Why it is important to give meaningful consideration to adjustments.
- Some examples of how employers can make a change and be more inclusive.
About Jan Brookes CEO Jan is the CEO of Isle Access.
Jan has had a notable career of over 40 years in nursing including holding a short service commission as a nursing officer in the RAF. She has considerable experience of caring for people with disabilities and poor mobility, and latterly worked in care home management.
For a short period Jan also operated an ‘Accessible Travel’ franchise, on the Isle of Wight, inspecting and booking hotel accommodation away from the Island, for people with disabilities and poor mobility. In 2015, Jan succeeded in gaining an MSc (distinction) in International Hospitality Management. The topic for her dissertation was “Identifying the needs of people with dementia when using hotels’.
She is a member of the Access Association and has undertaken training in access auditing at the Centre for Accessible Environments. In 2016 Jan spoke at Bournemouth University’s Festival of Learning week and was voted Age Friendly Island Entrepreneur of the Year in 2018.
About Isle Access Isle Access is an Isle of Wight based charity that is helping to improve life for disabled people on the Island.
Their vision is that residents and visitors alike can enjoy as much of the Isle of Wight as possible. Their mission is to make the Island more accessible and inclusive for people of all ages. Their aim is to support disabled people by removing barriers to access, enabling disabled people to enjoy a better quality of life and achieve new skills and experiences. They do this by:
Informing, assisting and promoting businesses, organisations, individuals and local government initiatives to welcome everyone to our beautiful Island.
Providing some accessible services, such as adapted cycling.
They work with people of all ages and all abilities, including: Disabled people, Veterans, People who experience loneliness, People who need more supportive exercise.
https://isleaccess.co.uk/ info@isleaccess.co.uk Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 214 of the podcast I bring you a summary of a case that was decided by the Employment Appeal Tribunal in regards to the issue of whether an employer was under an obligation to make a reasonable adjustment to their recruitment process for an applicant with regards to his dyspraxia. The case is AECOM Ltd v Mr C Mallon.
In this episode of the podcast we cover:
- Why businesses need to ensure that they are open to reasonable adjustments in the recruitment process.
- The facts of the case and why they are rather unique as Mr Mallon had previously been employed by AECOM Ltd.
- How HR for the employer got it wrong and could have resolved the matter by a simple telephone call.
- Why someone has to be a genuine applicant for the job role in order to claim discrimination under the Equality Act.
- Tips for employers in ensuring that your recruitment process is inclusive, fair and reasonable.
Case Reference You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/aecom-ltd-v-mr-c-mallon-2023-eat-104
Other podcast episodes on the issue of recruitment and reasonable adjustments Getting your recruitment process right
The Government Legal Service v Brookes – Reasonable adjustments in recruitment: Episode 79
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting work In this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP.
In this episode of the podcast we cover:
- Why businesses need to ensure that agreed terms are set out in writing at the outset.
- How the Employment Tribunal made a determination of Mr Guler’s status.
- Why the Employment Tribunal decided that Mr Guler was a worker.
- The issues that can arise about status and remuneration if you do not set out the terms in writing.
Case Reference You can read the full judgement here: https://assets.publishing.service.gov.uk/media/64db5181c8dee400127f1c68/Mr_A_Guler_-v-Newman_Law_LLP–3304221-2022_-_Written_Reasons.pdf
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Workplace mediation is a critical tool for resolving disputes in the future of work In this episode 212 of the podcast I bring you an interview and discussion with my colleague Jo Carley, who is an experienced workplace mediator and strong advocate for alternative dispute resolution in workplace disputes.
In this episode of the podcast we cover:
- What is workplace mediation.
- When workplace mediation is appropriate.
- When employers should be considering workplace mediation.
- Why it should be the starting point for any grievance formal or informal.
- Why there is always a loser in the grievance process.
- How workplace mediation works in practice.
- The steps employers should be considering to implement workplace mediation.
Workplace Mediation: How we can help you Jo Carley and I are both fully trained and experienced workplace mediators having completed the ACAS Certificate in Workplace Mediation.
If you would like us to undertake a mediation within your workplace then we would be happy to do so and can start by a no-obligation initial telephone call.
Our charges for a workplace mediation are as follows:
£350 + VAT for a half-day, plus travel costs. There is an additional charge of £100 +VAT per hour for any additional time required .
A half a day is the minimum amount of time needed (including two individual meetings and a joint meeting), but it could run over half a day depending on the extent of the issues there is to work through.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 211 of the podcast I bring you a run down from a case decided by the Employment Appeal Tribunal where the issue of making a change to employee contract terms was considered in the context of the employee’s eligibility for an enhanced redundancy payment. The case we are covering is Jackson v The University Hospitals of North Midlands NHS Trust [2023].
In this episode of the podcast we cover:
- The options available to employees if they disagree with a change to contract terms.
- The potential risks for employers of implementing changes without agreement.
- What employers should consider when making changes to contract terms.
- How a redundancy situation can arise when making changes to employee contract terms.
- Why redundancy applied in this case.
- The issue that often arises in NHS Trusts with enforced changes to roles and changes to Band ratings.
- Why employers need to consult with employees on changes to terms.
- The leading case of Hogg v Dover College
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
What should employers consider when employing care leavers or care experienced people In this episode 210 of the podcast I am joined by Ali Steele from Wight Oak Youth Services to discuss the importance for employers to think purposefully about employing care leavers and to consider the individual requirements of those who are care experienced.
In this episode of the podcast we cover:
- Why it is important to consider care experienced employees.
- What steps you can take to show support for care experienced employees.
- The kinds of things that employers should be considering with regards to care leavers and care experienced persons.
- Why christmas celebrations and birthdays can be a trigger or particularly difficult for care leavers.
- Why young people from care often have higher resilience and better life skills and are more resourceful when compared to their peers.
- Small things that you can do to promote awareness and best practice.
Resource and information You can find more information about Wight Oak Youth here: Website and contact Ali Steele via hey@wightoakyouth.com
Care Leavers Covenant: https://mycovenant.org.uk/about/
In 2022 there were 82,170 children being looked after in England. Statistics can be found here: .GOV
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
Procedure and Tips for employers about disciplinary investigations In this episode 209 of the podcast I will explain why getting the disciplinary investigation process right is critical to successfully defending a claim for unfair dismissal and the steps that you need to take.
In this episode of the podcast I cover:
- Why assigning the right person to investigate is crucial.
- The steps that you need to take to set the scope of the investigation.
- When you should notify the ‘accused’ of the investigation.
- At what stage you should interview the ‘accused’.
- Getting witness accounts of events.
- Whether employees have the right to be accompanied at an investigation meeting.
- Minute taking or audio recording of the meetings.
- Dealing with reluctant witnesses.
- The frequently asked questions about disciplinary investigations.
- Some example scenarios to consider.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take.
In this episode of the podcast I cover:
- What is gross misconduct?
- The legal test for determining a fair dismissal for gross misconduct
- The difference between misconduct and gross misconduct
- Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or rules
- What is wrongful dismissal?
- The connection between wrongful dismissal and unfair dismissal for gross misconduct
- Some interesting example cases
- 5 key points to consider and take action in relation to gross misconduct
Cases referred to:
Mr George v Dorset Healthcare University NHS Foundation Trust
Ms E Greenaway-Evans v Countryside Properties (UK) Limited
Mr Pubbi v Your-Move.co.uk I also covered the case in detail in Podcast 197 Is it fair to dismiss an employee who fails to declare bankruptcy?
Basildon Academies v Amadi
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The reasons cases arise and steps you can take to prevent them In this episode 207 of the podcast I bring you the most common reasons for Employment Tribunal claims to arise in our experience and ways you can reduce the risk of a claim arising.
In this episode of the podcast I cover:
- The most common type of legal claim in our experience at this time.
- The reasons why claims arise.
- The fact that untrained managers and/or decision makers create the highest risk.
- How following a simple process and keeping paperwork can reduce the risk of claim.
- Why creating a culture of honesty and transparency can mitigate issues from arising.
- The importance of addressing issues early on in a dispute or potential dispute.
- Why looking at alternative methods of resolving conflict, that avoid the grievance procedure is critical.
- Why managers should always follow up on reports made to them by employees regardless of the merit or seriousness of the issue raised.
- How having in the moment notes of conversations or records of your decision making at the time can be crucial to disposing of a claim at an early stage and/or winning the case.
Training for your Team
Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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In this episode 206 of the podcast I bring you a run down of the proposed changes to employment law announced by the government on the 10th May 2023. The gift that keeps giving….covid and furlough employment cases.
In this episode of the podcast I cover:
- The change announced in regard to the sunset bill.
- The fact that EU laws will be retained unless specifically revoked (for the time being at least).
- Some welcome changes to working time rules.
- Changes to holiday pay and calculations.
- Changes to TUPE transfer requirements.
- Making non-compete clauses post-termination no longer than 3 months.
- The decision of the Employment Appeal tribunal in the case of Lovingangels Care Ltd v Mhindurwa where furlough was not considered as an alternative to redundancy.
You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/lovingangels-care-ltd-v-mrs-b-mhindurwa-2023-eat-65
If you want to ensure that you are up to date with employment law changes then subscribe to the podcast and our newsletter. To be added to the distribution list for the free fortnightly newsletter please email kathy@realemploymentlawadvice.co.uk.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 205 of the podcast I bring you my thoughts and guidance on the appraisal process and how to ensure that you are getting it right.
In this episode of the podcast I cover:
- Why employers undertake appraisals.
- Why employers think they should undertake appraisals.
- Why I hate the scoring system in an appraisal process.
- The things that can go wrong.
- How to prepare for a good appraisal process.
- The process to follow.
- How to deal with issues that may arise in the meeting.
- Why follow up is critical to success.
If you are introducing an appraisal process or would like guidance on refreshing your process, or training for your managers then please do get in touch and we will be happy to assist.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Disability discrimination for something arising from the disability In this episode 204 of the podcast I bring you details of a case recently decided by the Employment Appeal Tribunal which deals with the issue of behaviour arising from disability. In the case of McQueen v General Optical Council the Tribunal and Employment Appeal Tribunal considered the reasons for the employers actions.
In this episode of the podcast I cover:
- Section 15 of the Equality Act 2010.
- The legal test for determining if someone has been treated unfavourably because of something arising in consequence of their disability.
- The facts of this case.
- The outcome as decided by the Tribunal and then upheld by the Employment Appeal Tribunal.
- How employers should approach issues with employees who have a disability.
- Points to note.
- How to deal with aggressive behaviours at work.
McQueen v General Optical Council 2023 – Employment Appeal Tribunal Case. You can read the full judgement HERE
If you find yourself in a difficult scenario with an employee or perhaps you are the person on the receiving end of a disciplinary then please do get in touch and we will be happy to advise you.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 203 of the podcast I bring you a run down on the steps you need to take to effectively manage an employee who is not performing to the level you require. I also touch upon how to address those niggly attitude or behaviour issues that seem to be coming up more and more frequently.
In this episode of the podcast I cover:
- The starting point and self-reflection as a manager.
- Why it is important to go through an informal process first.
- What the informal performance management process looks like.
- Why a Performance Improvement Plan (known as a PIP) should be the last possible option with poor performance.
- How to go through a formal process.
- When you can issue warnings.
- How long a process should take.
- Answers to frequently asked questions about performance management.
- How to deal with poor attitude.
- How to address general small scale poor behaviours.
Of course at the heart of good performance management is COMMUNICATION!
If you would like training for your team on how to effectively manager performance issues then I am available to provide training for 1/2 day for up to 30 people for £750 plus VAT.
Alternatively if you would like guidance on a performance management issue or to discuss how best to deal with a scenario then please get in touch and myself or a colleague will be happy to advise you.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo: Review - markus-winkler--fRAIQHKcc0-unsplash
In this episode 202 of the podcast I bring you an update on the latest news about holiday pay and holiday entitlement following the Supreme Court Case of Harpur Trust v Brazel.
In this episode of the podcast I cover:
- Basics of holiday entitlement.
- The foundations of holiday entitlement in law.
- How to calculate holiday pay for employees and workers with regular hours and pay.
- How to calculate holiday pay for employees and workers whose hours vary.
- What to include in the calculation of the 52 week average for holiday pay.
- Why all employees and workers are entitled to 5.6 weeks paid holiday regardless of the number of hours that they work.
- Why part year workers are entitled to 5.6 weeks holiday.
- Whether you can pay rolled up holiday pay.
You can ready the full judgement in the Harpur Trust case here: JUDGEMENT.
You can listen to previous episodes on holiday pay calculations here:
Holiday Pay & Commission the Court of Appeal Decision: Episode 65
Holiday Entitlement & Pay: Episode 48
Holiday & Sickness Absence: Episode 25
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 201 of the podcast I am joined by Kate Davies, Independent Fertility Nurse Consultant, Corporate & Fertility Industry Consultancy & Podcast Host of the Fertility Podcast.
I came across Kate’s details in a Facebook post shared by innocent and was inspired by the great work that she has been doing with innocent and many other businesses and organisations.
In this episode we talk about:
- Why fertility is an important consideration for employers.
- The benefits of thinking purposefully about fertility among your employees.
- The benefits of implementing a policy around fertility and adjustments needed for those who are going through fertility treatment.
- The kinds of things employers can do to make changes.
- Why it is important to embed cultural change and not just introduce a policy.
Kate’s contact details Kate Davies RN, BSc(Hons), FP Cert Independent Fertility Nurse Consultant Corporate & Fertility Industry Consultancy & Podcast Co-Host WEBSITE: www.yourfertilityjourney.com PODCAST: www.thefertilitypodcast.com https://www.facebook.com/YourFertilityJourney
https://www.instagram.com/your_fertility_nurse/ https://www.linkedin.com/in/kate-davies-independent-fertility-nurse-consultant-8671579b/
If you have any questions about this please do not hesitate to get in touch, by email to alison@realemploymentlawadvice.co.uk or telephone 01983 897003.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Case review of two interesting recent Tribunal cases In this episode 200 of the podcast I bring you a run down of two interesting cases that have been in the news recently.
The first is the case of Glover v Lacoste & Mr R Harmon which is an Employment Appeal Tribunal case involving sex discrimination following the Employers requirement that managers must work flexibly with no set shift pattern or days of work.
This is an interesting case as there seems to be a trend, particularly among retail organisations, that you have to work full time to be a manager or, like in this case, be available to work at any time.
Aside from the legal implications of this type of policy it is also excluding large numbers of people from management roles and thereby narrowing the pool of talent available, at a time when recruitment is particularly difficult.
You can read the full judgement here: Judgement
The second case that of Ms H Dadhania v SAP(UK) Ltd and Others which is an Employment Tribunal case where the Judge stated in the judgement that using the F-Word at work had essentially lost the shock value it had previously had due to its commonplace usage in society today.
Whether you agree or not with the Judge’s view on this it does raise an interesting question about how you manage different sensitivities within your organisation or business.
You can read the full judgement here: Judgement
If you have any questions or would like some advice about the issues raised in these cases then please do not hesitate to get in touch, by email to alison@realemploymentlawadvice.co.uk or telephone 01983 897003.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
School Closures: What are your options? In this episode 199 of the podcast I bring you some ideas for planning ahead for teacher strikes that may close schools and impact on your employees.
In this episode I cover the following:
- Why you should plan ahead and discuss with staff asap.
- The impact and stress that could be caused to individuals.
- The importance of planning for your business continuity.
- Options available to you.
- Paid leave at your discretion.
- The availability of holiday.
- Changing hours or working flexibly.
- Unpaid leave under the statutory right to time off for dependents
- Home working.
If you have any questions or would like some advice about how to handle this then please do not hesitate to get in touch, by email to alison@realemploymentlawadvice.co.uk or telephone 01983 897003.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Element5 Digital on Unsplash
Being a good manager means moving from being reactive to being proactive via regular dialogue with staff In this episode 198 of the podcast I bring you my tips and ideas on how to have effective one to one and supervision meetings with staff.
One of the things that many managers struggle with when managing people is maintaining regular meaningful communications with staff.
In this episode of the podcast I cover:
- What is a one to one and supervision meeting.
- What is the difference between a one to one and a supervision meeting.
- Why it is important to incorporate in your management of staff.
- Why it does not have to be a complicated process.
- Why it is effective in improving performance.
- The steps needed to hold effective one to one and supervision meetings.
- What to include in your conversation.
- Why follow up is critical to success
- How it will save you time in the long run.
When preparing for one to one’s or supervision meetings I strongly recommend you read the work by Gary Vaynerchuck on Kind Candour.
You can read a blog post on it here: https://www.garyvaynerchuk.com/kind-candor-and-why-how-you-deliver-the-medicine-matters-road-to-twelve-and-a-half-series/
Alternatively his book, Twelve and a Half: Leveraging the Emotional Ingredients Necessary for Business Success is even better as a resource for managers.
You can purchase the book via Amazon HERE *
*please note that if you use this link it is an affiliate link which means whilst it will not cost you any more however we will receive a referral payment from Amazon.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
An interesting case where there was no written requirement to tell the employer about bankruptcy In this episode 197 of the podcast I bring you details of the case of Pubbi v Your-Move.co.uk heard by the Employment Appeal Tribunal dealing with unfair dismissal.
In this episode I cover:
- The facts of the case
- The decision of the employment tribunal
- Assessment of the reasonableness of the employers decision to dismiss
- Advice on the case
- Why employers need to be prescriptive of their requirements of staff
- Some alternative scenarios in this case
- The decision of the employment appeal tribunal
You can read the full judgement here: https://assets.publishing.service.gov.uk/media/62c2d86b8fa8f54e81e2ce25/Mr_K_Pubbi_v_Your-Move.co.uk__2022__EAT_96.pdf
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Step by step guidance on the Employment Tribunal Process In this episode 196 of the podcast I bring you the sixth and final episode in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This 6th episode is about the final preparation for the hearing in the Employment Tribunal. In this episode I cover:
- Documents that you may be required to prepare.
- Documents you may find helpful to prepare.
- What a chronology is.
- What a Cast List is.
- What Written Submissions are.
- How you should prepare if you are representing yourself.
- Sharing the bundle with the Employment Tribunal.
- Video Hearings.
- In Person Hearings.
Links you may find helpful: Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 195 of the podcast I bring you the fifth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This 5th episode is about the process of preparing and exchanging witness evidence. In this episode I cover:
- When you need to exchange statements.
- How to prepare witness statements.
- What witnesses to call.
- What you need to include in the witness statement.
- Why the word count in your witness statements is important.
- Why you need to consider the number of witnesses.
- When to make an application to the Employment Tribunal to extend the word count or increase the number of witnesses.
- What to consider if you want to compel a witness to attend.
- Why it is important to agree the time for exchange of statement.
Links you may find helpful: Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 194 of the podcast I bring you the fourth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This 4th episode is about the process of disclosure where you are required to share the evidence you have with the other party. In this episode I cover:
- Your legal obligation to provide documents that support and undermine your case.
- Why you have to provide documents that may help the other party’s case.
- How to prepare and where you need to check for evidence.
- The type of evidence that you will typically have.
- How to prepare the list of documents.
- What you should do about redacting documents.
- Whether you need to disclose confidential or commercially sensitive information.
- What you need to do if documents are missing from the other party’s list of evidence.
- Why you need to avoid a ‘fishing expedition’ in the disclosure process.
- What you should do about recordings of audio or video.
- What you should consider in regards to covert recordings.
- How to prepare the index for the final bundle of evidence.
- What evidence to include in the bundle for the final hearing.
- What to do if there is a dispute about the evidence to include in the final bundle for the hearing.
Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/
Links you may find helpful: Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 193 of the podcast I bring you the third in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This third episode is about what happens at the Case Management or Preliminary Telephone Hearing:
- The purpose of the case management hearing.
- The preparation needed for the telephone hearing.
- Why it is important to complete the agenda supplied by the Tribunal.
- Why you should try to agree the agenda with the other party.
- What information you need to hand for the hearing.
- Why you need to know what your dates of availability are like, not just for a hearing but for the preparation required.
- The importance of understanding the case facts and which basis in law you are bringing your claims
- Why you should speak up if you do not agree or not understand something in the hearing.
- The importance of checking the paperwork from the Tribunal after the hearing.
- Why it is worth getting some legal advice at this stage of the process.
Links you may find helpful: https://www.legislation.gov.uk/
Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Step by step guidance on the Employment Tribunal Process In this episode 192 of the podcast I bring you the second in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This second episode is about what happens after the claim and defence have been filed and includes:
- The different process that is likely to apply based on the type of claim.
- If it is a more complex case then it is likely the Tribunal will set a telephone case management hearing.
- What happens in simpler cases, such as straightforward unfair dismissal claims.
- The type of Order that the Employment Tribunal will make.
- Why it is important to check the dates of any hearings given by the Tribunal.
- The importance of contacting the Employment Tribunal asap if you or any witnesses are unavailable on the date that any hearing has been listed.
- The preparation required.
- Preparation of a schedule of loss.
- Disclosure of evidence.
- Agreeing the bundle of evidence.
- Why it is important to clearly note what is required and the date you must complete it by.
- Why you must adhere to the dates set by the Employment Tribunal.
- What you should do if you cannot complete the work required by the date set.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Step by step guidance on the Employment Tribunal Process In this episode 191 of the podcast I bring you the first in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This first episode is about starting the claim process and includes:
- ACAS Early Conciliation process
- Why you need to obtain a certificate from ACAS
- When an employer may not know that an employee has started the claim process via ACAS
- How to file an employment tribunal claim
- What you need to include in your claim
- What happens after you have made a claim
- When you will receive a copy of the claim from the Employment Tribunal
- How to complete your defence to a claim
- Methods of submitting your defence
- The importance of acting quickly and not delaying in filing the defence.
- The time limit of 28 days for filing the defence with the Employment Tribunal
- What to include in your defence
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 190 of the podcast I bring you my tips and ideas on how to best handle having difficult conversations with employees.
One of the most difficult parts of managing people is having uncomfortable conversations particularly about performance and behaviour. But it can be an easier process and one that you do not have to dread.
In this episode of the podcast I cover:
- What is a difficult conversation?
- Examples of difficult conversations
- Reasons we avoid difficult conversations
- The dangers of avoiding difficult conversations
- What makes it easier to deal with
- My simple approach to difficult conversations
- Why ‘Kind Candour’ is key
- Why you should follow Gary Vaynerchuck’s example when dealing with employee issues that arise
During the Podcast I referred to a blog post and book. You can read the blog post here: https://www.garyvaynerchuk.com/kind-candor-and-why-how-you-deliver-the-medicine-matters-road-to-twelve-and-a-half-series/
The book is Twelve and a Half: Leveraging the Emotional Ingredients Necessary for Business Success – by Gary Vaynerchuk
You can purchase the book via Amazon HERE *
*please note that if you use this link it is an affiliate link which means whilst it will not cost you any more however we will receive a referral payment from Amazon.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo andrew-thornebrooke-WRAHkIAr2_E-unsplash
In this episode 189 of the podcast I bring you a detailed account of how to get your recruitment process right, and why a good process is important to ensure that you get the best candidate, conduct recruitment fairly and avoid any legal claims.
In this episode of the podcast I cover:
- What you should consider before you start a recruitment process.
- Best practice.
- Things to avoid.
- The importance of having objective selection criteria at every stage of the process.
- What you should include in your process and procedure.
- What to consider when making an offer of employment.
- How to prepare for a new starter.
- The importance of good record keeping.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 188 of the podcast I bring you a detailed account of the probation period at the start of employment or the start of a new job role. Probation periods are something that most employers use but rarely utilise in the correct manner.
In this episode of the podcast I cover:
- What a probation period is.
- Why you should have a probation period.
- What is the purpose of a probation period.
- When not to bother with a probation period.
- How it will set up the tone of the relationship between you and the employee for the future.
- What to do if you need to extend the probation period.
- What to do if you need to terminate someones employment during or at the end of the probation period.
- How to deal with a probation period for an existing employee starting a new role.
- The importance of good record keeping.
- Why communication is the key to a good start to the employment relationship.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by https://unsplash.com/@rossf
In this episode 187 of the podcast I bring you an interview with Jeri Williams, an employer who has implemented a results only working environment within her business.
In this episode of the podcast we cover:
- What is results only working or ROWE?
- Why Jeri decided to implement results only working in her business?
- The practicalities of implementing results only working.
- The benefits to staff recruitment and retention.
- What are the teething problems or potential issues that can arise.
- How to set up results only working in your business.
- The importance of getting your contracts, policies and KPI’s right before starting results only working.
Jeri Williams Jeri is the Founder and CEO of Smooth Accounting and this is from her LinkedIn bio:
‘I started an accountancy practice from my garage in 2016, won some awards, did a thing, have signed up over 600 clients, now have beautiful offices, a filming studio and employ a team of 14, boom! now I teach other business owners how to do the same! DM me to find out more about my 1-2-1 mentoring packages.
Bringing comedy to the very boring, grey, dull world of accountancy, firing shots all over the industry at the dino’s and abacus crew.
You can usually find me ruffling feathers on LinkedIn or watching bunnies on Instagram.
Running my business and my mouth.
Help a girl out and subscribe to my YouTube channel pleeeeeaaaassse https://youtube.com/c/JeriWilliams_’
Smooth Accounting – https://smoothaccounting.co.uk/
You can connect with Jeri on LinkedIn HERE
Why work sucks and How to Fix it: The Results -Only Revolution by Cali Ressler and Jody Thompson
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This page includes an affiliate link which means that if you purchase the book via this link I will receive a commission payment. It will not cost you any more but I will get a fee for your purchase.
Photo by Kevin Bhagat on Unsplash
In this episode 186 of the podcast I bring you information and ideas on how best to deal with issues of alcoholism and substance abuse at work.
In this episode of the podcast I cover:
- Why employers need to think purposefully about how to deal with alcohol and substance abuse among employees.
- Why alcohol and substance abuse issues may arise.
- Your legal duties as an employer.
- The impact of alcohol and substance abuse at work.
- How to deal with disciplinary issues that arise as a result of alcohol and substance abuse.
- Some practical tips for employers.
You may also find the following helpful.
Alcohol at work: What do you need to consider for your policy?
This episode was as a result request from a listener who asked to cover the issue of alcohol at work. If you have any questions or particular issues that you would like covered please do email me, alison@realemploymentlawadvice.co.uk and I will ensure it is covered in a future episode.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Vinicius “amnx” Amano on Unsplash
In this episode 185 of the podcast I bring you my observations of the critical things that employers and HR professionals should be considering and acting upon now. This is in light of things that we are seeing in practice and which I can foresee causing difficulties in the very near future.
In this episode of the podcast I cover:
- Why thinking about mental health and wellbeing of staff is critical at this time.
- At a very minimum you should be developing a wellbeing strategy for employees.
- Why you should be considering your staff who are/will be considered as the ‘working poor’.
- Highlighting the issue that may arise with lower paid staff in your organisation as the cost of living continues to rise.
- Why you need to think carefully now about what you will do when the rules around self-isolation upon receipt of a positive covid test will change?
- Some suggestions on what you may wish to include in your policy/process.
- Why disputes are likely to arise if you do not consider it meaningfully now.
- If you are revisiting hybrid working and considering introducing long term, what you should consider.
You may also find the following helpful.
Top Tips for Managing Mental Health in the Workplace
Introducing Hybrid Working – what do employers need to consider: Part 2
Introducing Hybrid Working – what do employers need to consider: Part 1
Hybrid Working Checklist for Employers
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Glenn Carstens-Peters on Unsplash
The importance of following a fair process in an unfair dismissal claim In this episode 184 of the podcast I bring you details of a recent case decided by the Court of Appeal in respect of unfair dismissal in a redundancy situation. The case is Gwynedd Council and S Barratt & I Hughes
In this episode of the podcast I cover:
- The basic position with regards to unfair dismissal and redundancy dismissals.
- Details of the case and why the Judge at the Employment Tribunal decided the dismissal was unfair.
- What employer’s need to consider when going through a redundancy consultation.
- Why a failure to allow an appeal against dismissal is one factor to be considered by an employment tribunal in a claim for unfair dismissal.
You may also find the following helpful.
Redundancy Process: Alternative Vacancies
Redundancy Process: Pools & Selection Criteria
Electing Employee Representatives: Redundancy Procedure
The Redundancy Consultation Process
Introduction to Redundancy
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 183 of the podcast I bring you an interview with Nicola Green, a specialist in helping organisations with menopause support at work.
In this episode of the podcast we cover:
- Why it is important for employers to think meaningfully about menopause support.
- The benefits of putting in place good menopause support and strategy.
- The fact that menopausal women are the fastest growing demographic in the workplace.
- Why having mental health first aid in place is important.
- What wellbeing initiatives you can implement.
- How addressing this topic can help other staff and staff issues.
- The key things that flow through menopause support, domestic violence and childless women among many other issues.
Some useful links for you Domestic Violence and Abuse: what do employers need to know
Childless women in the workplace: What employers should consider.
Nicola Green
Nicola Green Consultancy helps organisations address menopause in their workplace by providing practical advice and support in the form of bespoke presentations and training sessions to employees, managers and business owners of all ages and genders.
Nicola Green Consultancy
07795655507
www.nicolagreenconsultancy.co.uk
You can connect with Nicola on LinkedIn
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 182 of the podcast I bring you details of the current legal right to request flexible working and what employers need to know, as well as detail about the consultation for change to the flexible working rights and requirements.
In this episode of the podcast I cover:
- The Government’s consultation behind the proposed changes to the current arrangements for flexible working.
- The current flexible working request regime.
- The proposed changes.
- How will the proposed changes work in practice.
- Practical tips for managing flexible working requests
- FAQ’s about flexible working.
You may also find the following helpful.
Right to request Flexible Working : Episode 1
What are the benefits of implementing flexible working in your business?
Free Flexible Working Request Policy
Employee wins £180,000 in compensation for refusal of flexible working request
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 181 of the podcast I bring you my thoughts on the main changes to the world of work that employers need to be aware of.
These are my views on what has caused the change and what employers have to consider moving into 2022.
I would be very interested to hear your thoughts on this? Have I missed something? What do you think will be the biggest change in 2022? Please leave a comment below or email me alison@realemploymentlawadvice.co.uk.
In this episode of the podcast I cover:
- The issue of recruitment and retention.
- Why recruitment and the shortage of staff and skills is critical to business and business growth.
- Why, in my view, there has been a ‘perfect storm’ of factors coming together at the same time.
- The ‘shift in power’ that has come about as a result of the recruitment and retention crisis.
- What employers can do on a practical basis to resolve and reduce the impact.
- Why hybrid working is changing the world of work.
- The importance of planning properly in advance of implementing a long term hybrid working policy.
- Contractual changes required by law and good practice.
- Legislative changes that have been made or are pending.
- Future possible changes being led by legislation.
- Why the pace of real time practical change in HR and the working environment far exceeds that of legislative change.
You may also find the following helpful.
Bring your pet to work considerations
Hybrid Working Podcast
Hybrid Working Checklist
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Ross Findon on Unsplash
In this episode 180 of the podcast I bring you my practical top tips for managing mental health in the workplace.
These are my practical tips which I recommend all employers implement in their business or organisation.
Promoting good mental health practices and wellbeing need not be difficult and in this episode I breakdown into some easy steps to follow.
In this episode of the podcast I cover:
- How to prevent issues from arising as a result of work.
- The importance of being aware and well informed.
- How to spot the warning signs among colleagues.
- Why the best managers really know their staff.
- Why open communication about mental health is critical.
- How to create a culture of openness and support.
- Why you should give meaningful consideration to reasonable adjustments.
- Practical ideas you can implement with limited resources.
You may also find the mini series covering mental health in more detail useful to listen to.
Mental Health & Work Mini Series – Episode 1
Mental Health & Work Mini Series – Episode 2
Mental Health & Work Mini Series – Episode 3
Mental Health & Work Mini Series: Episode 4
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 179 of the podcast I bring you an extract from a webinar I recently delivered for our HR Harbour Members on the top tips for managing sickness absence.
These are my practical tips for really managing sickness absence with employees.
I understand how difficult it can be to manage employees who are absent and in this episode I breakdown into some easy steps to follow.
In this episode of the podcast I cover:
- The critical point is to manage sickness absence!
- What the barriers are to effective management of absence.
- The importance of a clear reporting process.
- How and why you should maintain contact during absence.
- The exception when you should not make contact.
- The importance of self-certification forms.
- Return to work meetings and the format.
- What to do about frequent absence.
- Why it is important to get to the root cause of the absence.
- How effective management of absence will help you get to the root cause quicker!
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 178 of the podcast I bring you a fantastic interview with Karin, Sophia and Lindsay from Gateway Women an organisation who support childless women.
To quote from the podcast interview “Women in the workplace who are childless is the biggest diversity issue that HR have not heard of” and hopefully in this episode we can educate employers and HR about the issue so that at the very least awareness is raised about this issue that is affecting more and more women.
In this episode of the podcast we cover:
- The importance of being aware of childless women in the workplace in your equality, diversity and inclusion policies and planning.
- The importance of applying policies in the workplace in a fair and reasonable way regardless of parental status.
- Why you should consider implementing a specific policy in regards to childless employees.
- Why you should ensure you apply flexible working policies fairly.
- Why employers should consider flexibility across the business and the benefits this can bring to productivity and staff morale.
- Some of the issues that can arise in the workplace for women who are childless.
- The starting point of training and awareness for HR, managers and Employers.
- Small changes that can be made to increase inclusion.
- That 20%-30% of working women in the western world are childless.
- The benefits of implementing changes in your business to increase inclusivity for childless women.
- A great practical example of what you can do from Brewdog – Pawternity Leave for employees who have a new dog. https://www.brewdog.com/blog/dog-days
Sophia Karin Enfield, Operations Director Gateway Women – karin@gateway-women.com
gateway-women.com
I will be focusing on equality, diversion and inclusion issues that are not covered by the Equality Act in future podcast episodes so if you have any ideas or would like to be a guest on the podcast in future to cover any topics please get in touch alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 177 of the podcast I bring you my practical tips for managing home working. This follows episodes 174 and 175 about the introduction of hybrid working.
As many employers will be continuing with home working arrangements in the long term it is important to ensure that arrangements are made for the health, safety and wellbeing of the employee, and to ensure that supervision of the employee is effective and works for the business and employee.
At Real Employment Law Advice we have been home working from the start which made it much easier for us to continue working smoothly when lockdown happened, but it also means that we have several years experience to draw from on what works and what does not work.
In this episode of the podcast I cover:
- The importance of setting up home working arrangements correctly at the outset.
- Why you should have clear expectations of staff who work from home.
- The importance of a good quality job description and set of objectives or targets that are measurable.
- Why I recommend that you visit the employees home office for health and safety and security purposes.
- Some considerations when deciding on equipment and home office furnishings.
- How to ensure team spirit and working amongst a team who only work remotely.
- The importance of regular and purposeful communication with home workers.
- Some ideas on how you can recreate some of the conversations and connections that would normally happen if everyone worked together in an office.
You may also find it helpful to listen to episodes 174 and 175 if you are implementing hybrid working or a mixture of hybrid and full home working.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Picture by vadim-kaipov-OPep4JA-jn8-unsplash
In this episode 176 of the podcast I bring you the latest information on furlough ending and the key points employers need to be aware of in respect of the changes to self-isolation rules which came into effect in August 2021.
In this episode of the podcast I cover:
- Why it is important to make plans now for the end of furlough.
- What your options are in respect of furloughed or flexibly furloughed staff.
- Why you need to consider carefully what you will do in the event you have to close your business after the furlough scheme has ended.
- My suggestions on some steps to take to mitigate the risks to your business.
- What you need to know about with regards to changes to self-isolation rules.
- The key information to communicate to staff about self-isolation.
- Why you need to expressly state to employees that they must report to you if someone they are close to or live with has a positive covid test.
- The importance of updating your covid risk assessment and sharing this with staff.
Redundancy Resources
Introduction to Redundancy
Redundancy Documents for Employers
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Sigmund on Unsplash
In this episode 175 of the podcast I am following on from the last episode on Hybrid Working and this time bring you my list of practical considerations that employers should be working through when preparing to introduce Hybrid Working.
In this episode of the podcast I cover:
- Why it is important to consult with staff before you finalise your policy and introduce Hybrid Working.
- Why you should give serious consideration to having a trial period for Hybrid Working before making it a permanent change.
- Why stipulating the frequency of days employees can work from the office is important.
- How to consider what days of the week employees must work from the office and why it is important to set this as a requirement of staff.
- Why you should think seriously at the early stages about office space and how it will work with employees coming to the office.
- Whether you need to change employee contracts or merely issue a letter detailing the change.
- What you need to consider if the change to Hybrid Working is not agreed by some staff.
- Why serious consideration needs to be given to the potential impact Hybrid Working could have on equality, diversity and inclusion in your business.
- Why I would not advise allowing Hybrid meetings to take place, and would recommend that all staff are either present in the meeting or everyone attends virtually, regardless of their location.
- Why work life balance needs to be part of your consideration when introducing Hybrid Working.
Free Checklist for Employers who are considering Hybrid Working I have created a check list of all of the things that I recommend you include in your considerations, discussions and policy when introducing Hybrid Working.
You can download your free copy here: FREE CHECKLIST
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Jake Weirick on Unsplash
In this episode 174 of the podcast I am very pleased to be joined by Kate Davis, Leadership Coach and business mentor to talk about the very timely and topical subject of Hybrid Working.
In this episode of the podcast we cover:
- Why this is a timely and particularly important issue now.
- Why it is important for employers to plan ahead and really look at the steps required to implement hybrid working.
- Why communication is the key to successful continued hybrid working.
- Some of the issues that can arise and which employers need to be aware of for success.
- Why it is important to revisit the issues around hybrid working in the future.
- Some practical people management tips to be successful with hybrid working.
Meet Kate Davis Kate Davis is a Leadership Coach and business mentor, helping creative business owners to create their vision, and lead themselves first to grow a successful team and business. To lead yourself first, do more of what you love, and create the vision for those you work with, to inspire and empower others.
An ICF certified coach, business architect and change manager, Kate has over 20 years experience of mentoring and creating successful operational teams. She specialises in helping small business owners grow and scale their remote, freelance or hybrid teams.
Find her at www.katedavis.net or www.linkedin,com/in/katedaviscoach.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 173 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.
In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.
This is the last episode in the mini series and in this episode I am bringing you some case examples decided by the Employment Tribunal.
In this episode of the podcast I cover:
- The key points that an Employment Tribunal will look at to establish if a capability dismissal is fair.
- The steps that you need to ensure you follow if you are going to dismiss an employee for performance reasons.
- Cook v Department for Education – London Central Employment Tribunal – November 2016.
- Hoggins V Recruitment Solutions (Services) Limited – Reading Employment Tribunal – August 2017
- Adomako-Mensah v HMRC – London Central Employment Tribunal – August 2019
- Crotty v SMRS Limited – Manchester Employment Tribunal – January 2020
- James v Waltham Holy Cross UDC [1973] ICR.
- Alidair v Taylor [1978] ICR 445.
- Why it can be costly to get the process wrong.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 172 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.
In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.
In this episode of the podcast I cover:
- When an unfair dismissal claim can arise as a result of a capability dismissal.
- What you need to do to minimise the risk of a claim for unfair dismissal.
- Why preparation and getting the process right is crucial.
- What happens if an employee discloses a disability during the capability process.
- When problems are most likely to arise.
- Why it is important to ensure you have good, regular communication with staff.
- What happens if you are not honest with employees about performance.
- The importance of a good appraisal process.
- Why employees often raise allegations of bullying when the capability process starts.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 171 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.
In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.
In this episode of the podcast I cover:
- How to prepare for the formal capability / performance process.
- The steps you need to follow with a formal process.
- What you should include in your ‘investigation’ into performance / capability issues.
- What you need to include in the letter to the employee inviting them to the hearing.
- What you should say at the outset of the meeting with the employee.
- How to handle the meeting.
- What you need to do to follow up with the employee.
- What happens if the employee still does not improve following each stage of the process.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 170 of the podcast I start a new series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.
In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.
In this episode of the podcast I cover:
- What issues may be arising with staff and what you need to look out for.
- The things to consider before you embark on a capability or performance process.
- Why the starting point is always looking at you as the manager/employer and what you have done to contribute or not to the employees performance issues.
- The number one reason why problems arise with staff when you start a capability process or conversation.
- How to reduce conflict with staff.
- The things to consider when deciding if you have an informal discussion or start a formal capability process.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 169 of the podcast I am covering the tricky question of what you can do if an employee refuses to return to the workplace because of covid concerns. Also with the guidance about shielding changing what you need to consider when asking a formerly shielding employee to return to work.
In this episode of the podcast I cover:
- How to avoid problems from arising when you are getting ready to bring employees back to work.
- What you need to consider if an employee tells you they are worried about returning to work.
- Reasons why an employee may be worried about returning to the workplace.
- Why I would not advise you to force an employee to return.
- Why I would not advise you to go through a disciplinary process or dismiss an employee who refuses to return.
- What options are available to you for employees who will not return in the short-term and longer term.
You can download a free copy of our recommended checklist to use when bringing staff back from furlough here: DOWNLOAD
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Picture from priscilla-du-preez-w59nZxIkw8M-unsplash-scaled
In this episode 168 of the podcast I am covering an issue that has been coming up fairly frequently of late, as employers are looking to make changes to employee terms in light of uncertainty about the economy and what business will really be like once lockdown restrictions are eased. So what do you need to consider if you are changing employment contracts.
In this episode of the podcast I cover:
- What to consider in advance of making a change to terms of employment.
- When a change may not be contractual.
- When a change may be covered by an existing term of the contract.
- What you need to consider if the changes cannot be agreed.
- Unilateral changes to the contract terms and potential implications.
- Giving notice to an employee and offering to re-engage them on the new terms.
- Possible legal risks of making changes to contract terms.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 167 of the Podcast I am joined by Tony Coward, who is a coach for adults with ADHD. Tony himself has been diagnosed with ADHD which led him to seek out others with the condition and begin his journey to becoming an accredited ADHD coach.
In this episode we will cover:
- What adult ADHD is.
- How to recognise and seek an assessment for ADHD.
- Why employers need to be aware of adult ADHD within the workforce.
- Adjustments that can be made to assist employees with ADHD.
- When ADHD can be a disability for the purposes of the Equality Act 2010.
Helpful Resources Contact Tony by email: nomaddcoach@gmail.com or via his website: https://www.nomadd.coach/
https://adhduk.co.uk/
https://www.gov.uk/access-to-work Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
More Resources for you We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Protected discussions leading to a Settlement Agreement In this episode 166 of the podcast I am covering an issue that was raised by a listener to the podcast, namely when you can rely on Section 111A of the Employment Rights Act 1996 to prevent settlement discussions being used against you as evidence.
In this episode of the podcast I cover:
- What a protected conversation is.
- What the purpose of Section 111A Employment Rights Act is.
- What the difference is between a protected conversation under the statutory provision and the without prejudice rules.
- When to be cautious about settlement discussions.
- When you can rely on the ‘without prejudice’ rules.
- Why often it is worth the risk to have the conversation despite the possibility that your discussions will not be covered by the without prejudice or Section 111A rules.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 165 of the podcast I am very pleased to be joined by Ed Grey from BlueTouchPaper consulting to talk about the very timely and interesting subject of Domestic Violence & Abuse and the interrelationship with work.
This episode had been in the planning stages for several months, following a timely conversation between Ed and I, but by coincidence we recorded this episode only a couple of days after the Business Minister, Paul Scully MP published an open letter to Employers on the subject of domestic violence.
You can find the letter here: https://www.gov.uk/government/publications/domestic-abuse-open-letter-to-employers-on-how-to-help-workers-find-the-right-support/domestic-abuse-open-letter-from-the-business-minister-to-employers
In this episode of the podcast we cover:
- Why this is a timely and particularly important issue now.
- Why this is relatively new issue for employers and one that you may not have thought about in the context of your employment obligations.
- What the different types of abuse are.
- What employers legal obligations are.
- Practical steps for employers who suspect an employee may be the victim of Domestic Violence and Abuse.
- What employers should consider if an employee makes a disclosure of domestic violence and abuse.
- Resources for employers.
Practical steps for Employers 1. Listen without judgement 2. Do not excuse or blame 3. Do not tell the employee to leave their partner 4. Believe them 5. Validate what they tell you 6. Ask them what they feel they need 7. Share information about resources the employee can access them self 8. Arrange to keep in touch and agree a safe way to maintain contact – consider a safe word
Remember: HR and Managers are not counsellors, we are however all human beings so ensure you approach with kindness and support and seek advice when you are unsure and you will rarely go wrong!
Ed Grey from BlueTouchPaper Consulting Ed Grey Email: edward@bluetouchpaperconsulting.co.uk
Telephone: 01983 840 830 / 079600 12475
Website: www.bluetouchpaperconsulting.co.uk
Resources England & National
- https://www.heartfultherapy.co.uk/therapy/
- https://safelives.org.uk
- https://www.respect.uk.net
- https://www.nationaldahelpline.org.uk
- 24h National Domestic Abuse Helpline 0808 2000 247
- Rape Crisis National Helpline – Sexual Violence 08088 029 999
- Karma Nirvana – Helpline for ‘Honour’-based abuse and Forced Marriage 0800 5999 247 https://karmanirvana.org.uk
- The National Lesbian, Gay, Bi-sexual and Transgender + Domestic Abuse Helpline 0800 999 5428 help@galop.org.uk
- Male Survivors Men’s Advice Line 0808 801 0327 info@mensadviceline.org.uk
Scotland
- https://abusedmeninscotland.org
- 24h Domestic Abuse and Forced Marriage Helpline 0800 027 1234
- You can call the Helpline using a text relay service helpline@sdafmh.org.uk
- Rape Crisis Scotland Helpline 08088 01 03 02
- Text: 077537 410 027 support@rapecrisisscotland.org.uk
Hampshire & IOW
- https://www.hants.gov.uk/en/socialcareandhealth/domesticabuse
- https://www.iow.gov.uk/council/OtherServices/Domestic-Abuse/Domestic-Abuse-Awareness
Wales
- 24h Live Fear Free Helpline for Violence against Women, Domestic Abuse, & Sexual Violence: 0808 80 10 800 Text: 07800 77333 info@livefearfreehelpline.wales
Northern Ireland
- 24h Domestic & Sexual Violence Helpline: 0808 802 1414
- help@dsahelpline.org
Free Domestic Violence & Abuse Policy We have created a template Domestic Violence & Abuse Policy for you to use and implement in your organisation.
You can download for free here: DOWNLOAD THE FREE POLICY
If you have any questions or require specific advice please do not hesitate to get in touch: 01983 897003 or email: alison@realemploymentlawadvice.co.uk
Photo by Sydney Sims on Unsplash
In this episode 164 of the Podcast I address a question which has arisen frequently since the announcement by Boris Johnson on the 4th January 2021 that schools would close the next day. What are the options for employees impacted by school closures and childcare issues.
In this episode I will cover the various options available including:
- Time off for dependents
- Parental Leave
- Holiday
- Unpaid leave
- Furlough
- Temporary changes to terms and conditions
In this episode I also cover some practical guidance including:
- Checking in with staff regularly for welfare discussions
- Ensuring that you are being reasonable
- Managing expectations of staff during this time
- Being mindful of potential reputation implications of your decisions
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode 163 of the Podcast I reflect on all that has gone on in the last year and cover the notable changes and developments in employment law and HR.
In this episode I will cover:
- The development of the coronavirus pandemic.
- Furlough and the Job Retention Scheme.
- Redundancy processes.
- Development in Equality and Diversity in the workplace in the wake of the murder of George Floyd and the Black Lives Matter movement.
- The extension of the ACAS Early Conciliation time from 4 weeks to 6 weeks.
- Developments in the Employment Tribunal process with the growing usage of video hearings.
- Ethical veganism as a protected characteristic under the Equality Act.
- Changes to requirements for employment contracts.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Photo by Immo Wegmann on Unsplash
In this week’s episode of the Podcast I am talking about a subject that has come up in several enquiries we have received recently, and which is particularly important at this time of year when decisions are being made about end of year bonus payments.
So, when is an employer able to use discretion to decide not to pay an employee a bonus?
In this episode I will cover:
- The difference between a contractual and discretionary bonus scheme.
- The consequences of failing to pay a contractual bonus payment.
- Why the Employment Tribunal is reluctant to allow employers to have complete discretion over payment of a bonus.
- What you need to consider if you are an employer who includes a bonus scheme as part of your pay package for employees.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this week’s episode of the Podcast I am pleased to say it is a break from furlough and covid related news.
When you make a claim in the tribunal or if you defend a claim you need to set out in writing the details of your claims or defence. In this episode I bring you some useful tips on making or defending a claim in the Employment Tribunal following a recent decision of the Employment Appeal Tribunal.
In this episode I will cover:
- What the case of C v D UKEAT/0132/19/RN says about making a claim and keeping it brief.
- Some tips on making your case.
- Some tips on preparing your defence.
- Why my colleague got a ticking off from the Employment Tribunal after the judgement in the C V D case.
You can read the full judgement in the C V D case HERE
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
The furlough extension scheme guidance was published on the 10th November 2020 and updates followed late on the 13th November 2020.
In this episode of the podcast I bring you the key information about the scheme including:
- Points to note that differ from the previous scheme
- Changes to the scheme which will come into effect on the 1st December 2020
- Why you cannot claim for a period of notice after the 1st December 2020
- Who employers can claim for
- How the scheme works with regards to holidays
- What the reference period is for calculating wages
Action to take Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.
Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.
We have produced a Free Template Letter which you can use – download your free copy HERE.
As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Despite remaining resolute that the coronavirus job support scheme, commonly known as the furlough scheme, would end on the 31st October 2020, it was announced that, along with a second lockdown the scheme would continue.
This means that the level of support employers have received previously and during the first lockdown will continue, with employers claiming 80% of wages for furloughed hours.
In this episode of the podcast I cover the key points to note at this time (01/11/20):
-
Any business can use the scheme.
-
Employers must pay 80% of wages for time not worked, i.e. when the employee is furloughed.
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There is no additional contribution required, the government will pay the full 80% that you must pay to furloughed employees, up to a cap of £2,500.
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Employers are required to pay National Insurance and Pension Contributions.
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Flexible-furlough is available, meaning employees can work some of their normal hours and Employers can make a claim for 80% of pay for the remaining time not worked.
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Neither employer nor employee needs to have previously used the scheme in order to use it now.
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Employees must have been on the employers’ PAYE payroll by 23:59 on 30th October 2020. Meaning an RTI submission must have been made for them on or before the 30th October 2020.
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Calculations for pay and hours will broadly follow the same method as previously used under the scheme.
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Minimum report period of 7 consecutive calendar days.
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Employers need to keep a record of the hours worked and usual hours they would be expected to work in a claim period.
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Employers can top up wages if they wish.
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There will be no gap in eligibility for support between end of the old scheme and this new extension scheme.
Action to take Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.
Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.
We have produced a Free Template Letter which you can use – download your free copy HERE.
As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover two important updates for employers.
Firstly, changes to the Job Support Scheme to provide cover for those employers who have to close their premises due to local lockdown restrictions.
Secondly, with the UK’s withdrawal from the EU looming there are important steps that Employers must consider.
In this episode I cover: * What the amendments to the Job Support Scheme mean for employers. * How much pay will be covered for those businesses forced to close. * What employers need to do about EU National employees post Brexit. * Why it is important that EU nationals apply for settled or pre-settled status before the 30th June 2021.
Further information about the Job Support Scheme * Fact sheet published on .Gov website * Get in touch if you would like advice on the scheme and what it will entail: 01983 897003 or alison@realemploymentlawadvice.co.uk * We will also be producing a free letter to obtain agreement from employees who are going to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.
How to apply for settled status https://www.gov.uk/entering-staying-uk/rights-eu-eea-citizens
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover a run down on what we know about the Job Support Scheme currently.
The new scheme aimed at supporting ‘viable’ jobs is available for qualifying employers from the 1st November 2020.
In this episode 157 I will cover: * Which employees an employer can claim for under the scheme. * The qualifying time for an employee to be on the payroll to make a claim. * That large employers will have to demonstrate their turnover has been impacted. * The way the scheme will work and that costs will be split between employer, employee and government subsidy. * That employees have to work a minimum of 33% of their normal hours to make a claim for them. * The minimum wages an employee must receive. * How the scheme will work in practice. * Restrictions on making redundancies and claiming under the scheme. * Steps employers must take if they are going to use the Job Support Scheme. * Outstanding questions on the scheme which we hope will be answered in the further guidance when published. * Observations about the effectiveness of the scheme. * Why I feel that there will be a significantly reduced take up of the scheme (compared to flexible furlough) and it will not prevent redundancies from happening.
Further information about the Job Support Scheme * Fact sheet published on .Gov website * Get in touch if you would like advice on the scheme and what it will include: 01983 897003 or alison@realemploymentlawadvice.co.uk * We will also be producing a free letter to obtain agreement from employees who are to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.
Featured image by Neil Thomas on Unsplash
In light of the increasing number of covid-19 cases in the UK, and increasing number of people with symptoms who are self-isolating whilst waiting for a text result, or are doing so on advice from the NHS, many employers are once again asking “what do I pay an employee who is self-isolating?”.
In this episode of the podcast I answer this common question for employers and employees, as well as tackling other employment issues.
In this episode I cover: 1. When does an employee have to self-isolate? 2. When Statutory Sick Pay (SSP) becomes payable to employees who are self-isolating? 3. What the covid/coronavirus SSP changes are? 4. Why employers need to ensure employees are encouraged to follow the rules and self-isolate when notified that they should. 5. Possible new penalties for employers who actively encourage employees to work or who ‘punish’ employees who self-isolate when required to. 6. Update on the Job Retention Bonus scheme which is payable in February 2021 at £1,000 per employee previously furloughed. 7. Reminder that the furlough scheme will be coming to an end on the 31st October 2020. 8. Why it is important to ensure that you are planning ahead and making changes or reductions in the workforce before the end of October.
Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is the seventh and final episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover answers to the following questions: * I have heard some people say it is unfair to make redundancies when the furlough scheme is still available, is this true? * Can I make redundancies now or do I have to wait until the end of the furlough scheme? * Do I have to keep employees on furlough if there is no work for them in the future? * I have heard that there is a new way to work out redundancy pay is this correct? * How do I calculate redundancy pay for someone who is furloughed? * How much do I have to pay for notice? * Do I pay 80% or 100% for notice pay? * Can I claim furlough pay back from the government if it is for the notice period? * I have heard that you cannot claim under the furlough scheme if you are making someone redundant? * Can I claim the statutory redundancy payment under the furlough scheme? * Can I select someone for redundancy who is furloughed? * Can I change employee contract terms from fixed hours to zero hours to avoid redundancy? * I have an employee who is furloughed and cannot return to work yet because of childcare, can I make them redundant? * I plan to close the business altogether do I need to go through a redundancy consultation? * If the furlough scheme does end in October can we still furlough staff and pay less?
Action Points 1. Ensure that you seek advice about any issues or changes, before you take action, particularly relating to furlough as it is a developing area of law. 2. Get all of the documents you need to complete the redundancy process here: Redundancy DIY Toolkit
Helpful Links Employment Rights Act 1996
Polkey Case
HR1 Form
Guide to Redundancy
DIY Redundancy Documents Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
- Redundancy plan – step by step guide
- Timetable to use – collective consultation and non-collective consultation versions
- Letter warning employees of redundancy situation
- First letter to employee representatives re proposed redundancies
- Letter to employees requesting volunteers for redundancy
- Letter to employee representatives with details of collective consultation process
- Ballot paper for election of employee representatives
- Nomination form for employee representatives
- Notice to employees with outcome of the elections
- Notice to employees re Employee representative elections
- Letter follow up on individual meeting
- Letter offer of alternative employment
- Letter to individual employees – provisional selection for redundancy
- Letter to individual employees confirming dismissal for redundancy
- Example Redundancy selection criteria
Click here to go to the DIY shop
For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
The unusual situation of maternity & redundancy plus answers to some FAQ's This is the 7th episode of a mini series focusing on redundancy advice for employers and how to ensure you get things right.
In this episode I will cover: * How to deal with employees on maternity leave * What you need to do to consult employees on maternity leave * What to pay employees on maternity leave * When you have to offer an alternative role to an employee on maternity leave as a priority * How to deal with notice for an employee on maternity leave * What to do with employees on sick leave during a redundancy consultation * Points to consider when consulting with a sick employee * How to calculate redundancy pay for an employee on sick leave * The relevance of the ACAS code of practice * The legal obligation to allow an employee to be accompanied during the redundancy process * What to do with those employees who volunteer for redundancy
Action Points Check your contracts and handbooks to see if you have any contractual obligations in terms of the redundancy process particularly for employees on maternity or sick leave, and with regards to the right to be accompanied during the redundancy process. .
Helpful Links Online tool for working out statutory redundancy pay
Employment Rights Act 1996
Simpson v Endsleigh Insurance Services
Guide to Redundancy
Would you like advice about your situation? Appointments are available on the telephone, via Microsoft Teams or Skype throughout the UK.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is the sixth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * The eligibility criteria for a statutory redundancy payment * How to calculate continuous service and when it will be extended * The relevant date for calculating redundancy pay * When an employee will not be entitled to redundancy pay * What happens if an employee refuses to work their notice * What to do if an employee commits gross misconduct after being placed on notice of redundancy * How to calculate redundancy pay * How to work out a ‘weeks pay’ for employees with irregular hours and wages * What will happen if a dispute arises about eligibility for redundancy pay * What an employee will need to do if their employer cannot afford to pay their redundancy pay * Points to consider if you pay enhanced redundancy pay or a discretionary payment
Action Points Check your contracts and handbooks to see if you have a legal obligation to pay an enhanced redundancy payment.
Helpful Links Online tool for working out statutory redundancy pay
Employment Rights Act 1996
Guide to Redundancy
HR Harbour
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
DIY Redundancy Documents Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
- Redundancy plan – step by step guide
- Timetable to use – collective consultation and non-collective consultation versions
- Letter warning employees of redundancy situation
- First letter to employee representatives re proposed redundancies
- Letter to employees requesting volunteers for redundancy
- Letter to employee representatives with details of collective consultation process
- Ballot paper for election of employee representatives
- Nomination form for employee representatives
- Notice to employees with outcome of the elections
- Notice to employees re Employee representative elections
- Letter follow up on individual meeting
- Letter offer of alternative employment
- Letter to individual employees – provisional selection for redundancy
- Letter to individual employees confirming dismissal for redundancy
- Example Redundancy selection criteria
Click here to go to the DIY shop
For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
This is the fifth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * Why you need to consider alternative vacancies within your organisation * The legal obligation upon you to inform ‘redundant’ employees * When you need to search for group company vacancies * What you need to do if two or more employees apply for an alternative vacancy * Why you must give priority to employees who are on maternity leave * Trial periods for alternative employment * When it will be reasonable or not for an employee to refuse an offer of a suitable alternative vacancy
Action Points 1. Ensure that you have a mechanism in place for informing employees of internal vacancies within your business. 2. Seek advice if you are unsure of the procedure. 3. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit
Helpful Links Employment Rights Act 1996
Polkey Case
HR1 Form
Guide to Redundancy
DIY Redundancy Documents Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
- Redundancy plan – step by step guide
- Timetable to use – collective consultation and non-collective consultation versions
- Letter warning employees of redundancy situation
- First letter to employee representatives re proposed redundancies
- Letter to employees requesting volunteers for redundancy
- Letter to employee representatives with details of collective consultation process
- Ballot paper for election of employee representatives
- Nomination form for employee representatives
- Notice to employees with outcome of the elections
- Notice to employees re Employee representative elections
- Letter follow up on individual meeting
- Letter offer of alternative employment
- Letter to individual employees – provisional selection for redundancy
- Letter to individual employees confirming dismissal for redundancy
- Example Redundancy selection criteria
Click here to go to the DIY shop
For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
This is the fourth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * Why getting the correct Pool for redundancy is so important * How to ensure you select a fair Pool for redundancy * When you can have a Pool of one employee * How to devise a fair selection criteria * What objective criteria to use in your selection * Why you should stay clear of subjective criteria wherever possible * What you should avoid scoring employees on * What information to give to employees about the scoring
Action Points 1. Ensure that you have basic recording and measuring of employee performance, attendance and other records available when selecting. 2. Assign one or two people to manage the process of devising pools and completing selection criteria. 3. Seek advice if you are unsure of the procedure. 4. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit
Helpful Links Employment Rights Act 1996
Polkey Case
HR1 Form
Guide to Redundancy
DIY Redundancy Documents Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
- Redundancy plan – step by step guide
- Timetable to use – collective consultation and non-collective consultation versions
- Letter warning employees of redundancy situation
- First letter to employee representatives re proposed redundancies
- Letter to employees requesting volunteers for redundancy
- Letter to employee representatives with details of collective consultation process
- Ballot paper for election of employee representatives
- Nomination form for employee representatives
- Notice to employees with outcome of the elections
- Notice to employees re Employee representative elections
- Letter follow up on individual meeting
- Letter offer of alternative employment
- Letter to individual employees – provisional selection for redundancy
- Letter to individual employees confirming dismissal for redundancy
- Example Redundancy selection criteria
Click here to go to the DIY shop
For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I cover the recent update to the job retention / furlough scheme following the announcement from the Chancellor on the 29th May 2020.
In this episode I will cover:
- The key changes to the scheme which come into effect on the 1st July 2020.
- Details about the impact on employees who are currently on ‘family leave’ plus listen through to the end for an addition I made following the exemption published on the 9th June 2020.
- Recommended steps and planning ideas for employers.
- Practical action points for employers.
Action Points 1. The number one thing that you need to consider is the future of your business. If you have not already done so it is crucial to think – what is my business going to look like in the next 2, 3, 4 – 6 months?
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Do you need to start making cutbacks of staff now or planning for the near future? If so, will you need to start a collective redundancy consultation?
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Check to see if there is flexibility in your employment contracts? Consider are your workforce flexible and willing to change?
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Ensure that any calculations and cash projections you have made now include the requirement to pay NI and pension contributions from the 1st August 2020, and then factor in the employer contribution to wages for September and October.
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Get your ‘house in order’ and prepare your claims and timing as soon as possible. From 1 July, claim periods will no longer be able to overlap months. There is effectively a ‘reset’ of the scheme from the 1st July 2020 as it moves into what I would call phase two of the job retention scheme.
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You will have until 31st July 2020 to make any claims in respect of the period up to 30 June 2020 thereafter you will be unable to claim for the period of ‘phase one’ of the scheme.
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If your future planning and re-opening plans mean that it is likely you will need to bring employees back from furlough on reduced hours to start with it is important to start a dialogue with the affected employees now. Begin to prepare them for return and explain what will be required of them, where possible try to get agreement and buy-in to your plans. See my article ‘The Reluctant Returner’ about how to handle this communication.
Resources If you would like to bring an employee back from furlough on a part-time/reduced hours basis we have produced a template letter with agreement, for you to use and you can request a free copy by sending an email to: alison@realemploymentlawadvice.co.uk please put in the subject line ‘flexible furlough return letter’.
We also have a general return from furlough letter which includes a variety of options for you and this is also available for free by sending an email to alison@realemploymentlawadvice.co.uk please put in the subject ‘return from furlough letter’ and we will email you a copy.
From the 12th June 2020 HMRC will provide more detailed guidance for employers on how to calculate the furlough claim and how the scheme will work.
Details of the scheme which is currently available can be read here: https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
This is the third episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * When you are required to elect employee representatives. * Why it may be helpful to have employee representatives even if you do not require them for legal reasons. * Collective consultation timing for the process of electing representatives. * The steps of the process that employers need to follow to fairly appoint/elect employee representatives. * Practical steps and ideas to use if you are going through a redundancy process.
Action Points 1. If you are considering redundancy carefully consider if you need to elect employee representatives. 2. Put in place a plan with timings for the process. 3. Assign one or two people to manage the process. 4. Seek advice if you are unsure of the procedure. 5. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit
Helpful Links Employment Rights Act 1996
Polkey Case
HR1 Form
Guide to Redundancy
DIY Redundancy Documents Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from www.adviceforemployers.co.uk for £100 plus VAT (£120).
Within this toolkit you will find everything that you need to undertake a redundancy process including:
- Redundancy plan – step by step guide
- Timetable to use – collective consultation and non-collective consultation versions
- Letter warning employees of redundancy situation
- First letter to employee representatives re proposed redundancies
- Letter to employees requesting volunteers for redundancy
- Letter to employee representatives with details of collective consultation process
- Ballot paper for election of employee representatives
- Nomination form for employee representatives
- Notice to employees with outcome of the elections
- Notice to employees re Employee representative elections
- Letter follow up on individual meeting
- Letter offer of alternative employment
- Letter to individual employees – provisional selection for redundancy
- Letter to individual employees confirming dismissal for redundancy
- Example Redundancy selection criteria
Click here to go to the DIY shop
For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
This is the second episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * What the difference is with consultation for 20 or more employees. * What a minimum consultation would be. * How to deal with a Collective Consultation. * Why consultation is vital for a fair dismissal. * When you have to notify the Secretary of State. * How to consult employee representatives. * What the ‘Protective Award’ is. * Things to consider when consulting with employees during the covid-19 pandemic. * Why you should include extra time for the consultation process if staff are working from home or furloughed. * Why it is important to consider timing of the process in light of the recent extension to the furlough/job retention scheme.
Action Points 1. If you are considering redundancy carefully calculate the number of employees likely to be redundant as a result within the next 90 days (including those who volunteer). 2. Put in place a plan with timings for the process. 3. Sign up for our free webinar on Wednesday 20th May 2020 at 10am – https://adviceforemployers.co.uk/events/
Helpful Links Employment Rights Act 1996
Polkey Case
HR1 Form
Guide to Redundancy
Free Redundancy Webinar: Wednesday 20th May at 10am In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.
You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.
As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.
You can sign up for tickets by clicking here:
REGISTER FOR FREE TICKETS
Coming Friday 15th May: DIY Redundancy Documents You will be able to purchase all of the letters and documents you need, including guidance, to complete a redundancy process. It will be available to download directly from this website for £165 plus VAT (£198).
Click here to go to the DIY shop For more information or to access advice please contact us on 01983 897003 or by email:
alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion –
alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances. The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.
In this episode I will cover: * What the legal definition of redundancy is * How to establish if it is a true redundancy dismissal * Some examples of when it will be a redundancy
Statutory Definition of Redundancy – Section 139 Employment Rights Act 1996 (1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—
(a)the fact that his employer has ceased or intends to cease—
(i)to carry on the business for the purposes of which the employee was employed by him, or
(ii)to carry on that business in the place where the employee was so employed, or
(b)the fact that the requirements of that business—
(i)for employees to carry out work of a particular kind, or
(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,
have ceased or diminished or are expected to cease or diminish.
Action Points 1. If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start. 2. Sign up for our free webinar on Wednesday 20th May 2020 at 10am – https://adviceforemployers.co.uk/events/
Helpful Links Employment Rights Act 1996
Safeway Stores Plc v Burrell [1997]
EXOL Lubricants v Birch & Another [2014]
Murphy v Epsom College [1985]
Free Redundancy Webinar In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.
You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.
As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.
You can sign up for tickets by clicking here:
BUY TICKETS
Coming Friday 15th May: DIY Redundancy Documents You will be able to purchase all of the letters and documents you need, including guidance, to complete a redundancy process. It will be available to download directly from this website for £165 plus VAT (£198).
Click here to go to the DIY shop For more information or to access advice please contact us on 01983 897003 or by email:
alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion –
alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the Podcast I interview Sarah Torres-Ferrick about strategies for managing staff during the current unusual working environment created by the coronavirus pandemic.
About Sarah Sarah is a human resources officer and creator of the FUN Feedback Framework.
For over a decade Sarah has worked with executives at government agencies on growing and sustaining high performing workforces. Now she uses these skills to bring effective human resources solutions to small businesses. Sarah helps leaders break through the complexities of having employees, so they can advance their businesses with confidence.
Sarah conducts workshops and speaks at conferences of over 300 people.
What we cover In this episode we cover:
- Why change is difficult
- The importance of your ‘trust bucket’
- How to create and improve trust with staff
- Why being honest and transparent with staff is important
- Strategies for business owners to deal with the pressure of managing in difficult times
- How to cultivate team relationships while working remotely
- How to manage staff remotely
Useful Links Connect with Sarah on LinkedIn
Find out more about Sarah here: https://www.hrcircleonline.com/
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
In this episode of the podcast I cover the recent updated guidance about the job retention / furlough scheme following the publishing of an update from HMRC late on the 9th April 2020.
Also including a summary of the scheme, the three key stages of the furlough process that employers should consider and my thoughts on annual leave and furloughing.
In this episode I will cover: * The updated position in respect of TUPE situations and transferring employees. * Reassurance that those on a work visa can be furloughed. * Summary of the key elements of the scheme that employers need to be aware of. * What the three stages of furlough are that employers need to consider. * The position in respect of consultation and collective consultation requirements. * The current position and guidance available in respect of annual leave, including taking leave, bank holidays and requiring employees to take holiday during the furlough period. * A reminder about considering employee relations and your future relationship with employees, and your general reputation.
Action Points 1. Check employee contracts to see what your obligations are and what changes you can make. 2. Draw up a list of employees or roles that may need to be furloughed. 3. Start talking to staff about your plans and the reasons for it. 4. Communicate with staff and ensure you put the details of the furlough scheme in writing. This must be kept for 5 years for HMRC purposes. 5. Where possible get the employees written agreement to the change. 6. Create a spreadsheet to record details of furloughed employees. 7. Speak to your accountant or payroll provider about how they can assist you in reporting and/or calculations. 8. Start preparing for the portal to be open and making your claim. 9. Consider what steps you need to take and will take to reintegrate staff who have been furloughed. 10. Listen to episodes 143 and 144 about the scheme. 11. If in doubt get advice.
Resources: https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme
Support from the RELA Team DIY Furlough Support Package available to download for £50 plus VAT includes: 1. Letter/notice to all staff asking for volunteers and notifying staff of proposal. 2. Example Selection criteria. 3. Letter notifying staff that they are being furloughed. 4. Furlough agreement. 5. FAQ’s sheet to issue to employees.
https://adviceforemployers.co.uk/product/furlough-documents-for-employers/
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide: 1. Review of your employment contracts to check relevant applicable clauses that may assist in your decision making. 2. Providing advice on options available at this time in respect of staff during the current situation including: * Furlough * Reducing hours * Redundancy * Lay-off 3. Up to 1-hour of telephone calls to discuss and answer questions. 4. Template letter depending on your choice of action. 5. FAQ’s document for furloughed employees. 6. Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I cover further detail about the job retention / furlough scheme following the publishing of guidance from HMRC late on the 26th March 2020.
In this episode I will cover: * The qualifying date an employee needs to have been working for you and on your payroll in order to qualify for the 80% wages grant. * How to calculate wages for a zero hours employee. * How to calculate wages for someone with irregular hours and pay. * Your options if you were due to take on a new starter in this time. * How the scheme will work in practice. * What information you need to have to provide to HMRC in order to claim. * How to implement with staff. * Why you have to pay staff and the recover the money rather than withholding pay until you have the money from HMRC.
Action Points 1. Check employee contracts to see what your obligations are and what changes you can make. 2. Draw up a list of employees or roles that may need to be furloughed. 3. Start talking to staff about your plans and the reasons for it. 4. Communicate with staff and ensure you put the details of the furlough scheme in writing. 5. Where possible get the employees written agreement to the change. 6. Create a spreadsheet to record details of furloughed employees. 7. Speak to your accountant or payroll provider about how they can assist you in reporting and/or calculations. 8. Listen to the first episode of the podcast – part 1 for more details about the scheme. 9. If in doubt get advice.
Resources: https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme
Support from the RELA Team DIY Furlough Support Package available to download for £50 plus VAT will be available shortly and will include: 1. Letter/notice to all staff asking for volunteers and notifying staff of proposal. 2. Example Selection criteria. 3. Letter notifying staff that they are being furloughed. 4. Furlough agreement. 5. FAQ’s sheet to issue to employees.
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide: 1. Review of your employment contracts to check relevant applicable clauses that may assist in your decision making. 2. Providing advice on options available at this time in respect of staff during the current situation including: * Furlough * Reducing hours * Redundancy * Lay-off 3. Up to 1-hour of telephone calls to discuss and answer questions. 4. Template letter depending on your choice of action. 5. FAQ’s document for furloughed employees. 6. Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I cover the key points about the job retention / furlough scheme that were known as of Thursday 26th March.
Further details have been released since this episode was recorded and will be followed with a Part 2 episode with more information.
In this episode I will cover: * What is furloughing and what does it mean. * What is the difference between lay-off and furloughing. * The purpose of the job retention scheme. * The impact of furloughing on your contractual obligations. * What an employee can do if you do not pay them the full 100% of salary. * Process for furloughing staff and what you need to do. * Employers obligation to pay employees and then recover the money from HMRC. * Why you need to consider cash flow for the next two months at least. * Options if you cannot make the payment of wages to staff. * Holiday and other contractual benefits during the furlough period. * That the job retention scheme applies to zero hours workers. * Ways to decide who is furloughed. * Ways in which you can incentivise employees to remain working during this time when colleagues are furloughed.
Action Points 1. Check employee contracts to see what your obligations are and what changes you can make. 2. Draw up a list of employees or roles that may need to be furloughed. 3. Start talking to staff about your plans and the reasons for it. 4. Communicate with staff and ensure you put the details of the furlough scheme in writing. 5. Where possible get the employees written agreement to the change. 6. Create a spreadsheet to record details of furloughed employees. 7. Listen to the next episode of the podcast – part 2 for more details about the scheme. 8. If in doubt get advice.
Support from the RELA Team DIY Furlough Support Package available to download for £50 plus VAT will be available shortly and will include: 1. Letter/notice to all staff asking for volunteers and notifying staff of proposal. 2. Example Selection criteria. 3. Letter notifying staff that they are being furloughed. 4. Furlough agreement. 5. FAQ’s sheet to issue to employees.
Business Support from a Solicitor: For a fixed fee of £250 plus VAT we can provide: 1. Review of your employment contracts to check relevant applicable clauses that may assist in your decision making. 2. Providing advice on options available at this time in respect of staff during the current situation including: * Furlough * Reducing hours * Redundancy * Lay-off 3. Up to 1-hour of telephone calls to discuss and answer questions. 4. Template letter depending on your choice of action. 5. FAQ’s document for furloughed employees. 6. Automatic updates when available of if there are changes to the scheme.
For more information or to access these offers for employers please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I cover lay-off and short-time working as possible options for employers in uncertain times.
In this episode I will cover: * What is lay-off and short-time working? * In what circumstances can you use lay-off and/or short-time working. * What guarantee pay is. * When an employee can apply for a redundancy payment. * The consequences of laying someone off or putting them on short-time working if you have no contractual right to do so and no agreement in place. * Some options to consider. * Why it is important to communicate with staff. * Why it is important to plan ahead now.
Action Points 1. Check your employee contracts. 2. Note what terms employees have regarding hours, notice and pay. 3. Consider where you can make quick cut backs if you need to. 4. Consult with staff about possible options in the event of a downturn in work or if you need to close the workplace. 5. Check your insurance policy. 6. Review your business continuity plan. 7. Understand your numbers, for example how many months can you pay the wage bill for? total operating costs? break even amount? 8. Seek advice at the earliest opportunity, the investment in good quality advice will save you money in the long run.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I cover up to date key information for employers to consider.
Correct as at 09/03/2020.
In this episode I will cover: * .What if the Employee returns from holiday in an affected area but has no symptoms or obvious exposure? * What if the employee has possible exposure from someone who is infected and is advised to remain at home by a medical professional or on medical advice issued? * Closure of the workplace or requiring staff to stay away from the office due to concerns? * What if an employee has the virus? * What if an employee wants to stay at home because they are worried or of a nervous disposition? * What if an employee refuses to stay at home? * What if the employee cannot work as their child’s school or nursery is closed? * Some other considerations such as insurance and alternative ways of working.
Action Points 1) Issue a notice to all staff requiring them to inform you immediately if they are at risk because of travel to a location deemed by the Home office to be a risk.
2) Issue a notice to all staff reminding them of the requirement to properly wash their hands and contain any coughs and sneezes.
3) Encourage good hygiene in the workplace and consider increasing cleaning and providing additional sanitising equipment and materials.
4) If your business is such that customers and visitors come onto your premises, display additional notices about hand washing, provide sanitiser and put up notices asking customers to inform you if they have been to one of the affected areas in recent weeks.
5) If you intend to implement a policy of minimum time between returning from holiday to returning to work, notify all staff and inform them how you plan on dealing with this time. If you are going to require them to take holiday for example for these extra days make it clear that you are doing so and refer to the relevant part of your contracts and/or procedures.
6) Review your business continuity plan.
7) Consider your ability to work from home and explore what resources are available to you to enable your business to continue to operate as smoothly as possible.
8) Assign one or two senior people in the business as responsible for monitoring the situation on the www.gov.uk website and within the business.
9) If in doubt seek advice. We are talking to businesses on a daily basis about these issues and we can share best practice, latest advice and support with you.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
Photo-by-Dimitri-Karastelev-on-Unsplash
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth
HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth
In this episode of the podcast I respond to a listener question raised about the risks of allowing alcohol consumption during lunch breaks and whilst at work.
In this episode of the podcast I will cover:
- When an absolute ban on alcohol may be necessary.
- How to set parameters around alcohol levels.
- What to consider if you allow drinking during work time.
- A couple of cases where alcohol in the workplace was involved, including two cases about the employer's liability for personal injury caused by intoxicated members of staff.
- Guidance on shaping your own alcohol policy.
The Coronavirus & the workplace
In this episode I also mention briefly the coronavirus and what you need to consider if you are sending an employee home who may have been exposed or is at risk of having been exposed to the coronavirus.
Action Points:
- If you don't already have a policy consider putting one in place.
- Assess if there is high risk in your business if there is any alcohol or intoxication. How will you measure it if there is?
- Read my colleague Albert Bargery's article on the coronavirus advice for employers: HERE
- If in doubt seek advice.
Photo by Hans Vivek on Unsplash
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
In this episode of the Podcast I interview Sheryl Andrews about one of the critical skills required by great employers and managers, the ability to listen!
About Sheryl
Author, Speaker and Coach are just a few of the roles she holds. Sheryl has a vision of a world where everyone feels heard, understood and valued. It is her personal mission to change the way the world listens. Listening is one of those skills we are quick to criticise when it is not happening, but few invest in developing their listening skills.
As; “The Listening Detective” with her famous deerstalker hat, she is well known for her fun and engaging talks sharing all aspects of listening, the good; the bad and the sad.
As the Founder of Step by Step Listening and lead coach, she creates a safe to speak environment that gives individuals and groups the opportunity to chat with the purpose of listening to their own inner wisdom.
As an author of Manage your critic – From overwhelm to Clarity in 7 and soon to be published Do< Delegate or Ditch she openly shares her own journey and the journey of her clients to demonstrate how listening can transform your relationship and practical ways to get started. Sheryl continues to write and collate stories to shine the light on those that listen whilst raising awareness and changing the assumption that everyone can and should be able to listen.
Useful Links www.stepbysteplistening.com
www.manageyourcritic.com
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
In this episode of the podcast I bring you an update on some of the cases that have been in the news recently.
In this episode I will cover:
- Veganism as a philosophical belief
- The impact of the Tribunal decision
- Equal pay in the BBC
- Debenhams reported settlement with a transgender job applicant
Useful Links * Crowd Justice Site * Slater & Gordon Site with Documents * Podcast Episode 131
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
In this episode of the podcast I bring you a brief update on what will be coming in 2020.
In this episode I will cover: * Changes to Section 1 Statements for employees. * The requirement to provide a Section 1 Statement to Workers. * Changes to the reference period for calculating average pay for holiday payments. * New IR35 rules for medium and large businesses. * Parental Bereavement Leave and Pay. * Guidance on planning for the National Minimum Wage changes.
Action Points 1. Review your contracts of employment to ensure they comply with the post April changes. 2. Review your on-boarding process for new employees and workers to ensure contracts are ready to be issued from day 1. 3. Speak to your accountant or payroll provider about changing the calculation of holiday pay for employees who have irregular pay. 4. Check if the new IR35 rules apply to you. 5. Review your figures and project the impact of a rise in the National Minimum Wage from 5%-10% so you can plan for the change likely to take place from April 2020.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
Photo by Jude Beck on Unsplash
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I bring you the normal seasonal warning that comes from employment lawyers and HR professionals, about the party season with the pitfalls and perils of office party shenanigans!
In this episode I will cover: * Why employers need to be concerned about what happens at work social events and parties. * What the risks are to your business if things go wrong. * Practical steps you can take to reduce the risk. * Why you may also have liability for 'post-party' parties or 'after parties', as illustrated by a particularly serious case in the Court of Appeal.
Action Points 1. Issue a statement to all staff reminding them of acceptable conduct at the party (you will find an example here – feel free to copy and use this for your business/organisation). 2. Remind staff about the usage of social media and what is and is not acceptable – remind them that not all colleagues would like their picture on social media, and that they should ensure all persons pictured consent before posting online. 3. Designate a sober manager or senior person to attend the party. 4. Make sure arrangements have been made for safe travel home from the venue, office or event. 5. Deal with any incidents or complaints in a timely manner, ensuring you follow your internal procedures. 6. Ensure that you consider anyone who does not want to join in with the party, for whatever reason. Make sure they feel included and are not isolated. Perhaps consider offering two alternative festive activities for staff.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I bring you my thoughts on the line between legitimate management of conduct and performance verses bullying. This is an issue that comes up regularly when advising both employers and employees and in my view it can be resolved with a few changes.
In this episode I will cover: * Why employees often claim they are being bullied when a manager addresses performance issue. * How managers get it wrong. * Steps employers can take to set the relationship up appropriately from the start. * How to manage an employees expectations. * Techniques managers can use to manage issues effectively.
Action Points 1. Consider preparing a message for all new starters about how you will address any issues if they arise. 2. Give all employees a job description and targets or set of expected behaviours. 3. Train your managers to manage people. 4. Lead by example - good practice should start at the top. 5. Seek advice if you are unsure.
Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Frank Busch on Unsplash
In this episode of the podcast I bring you the Judgement from a European Case which provides an interesting look at what happens if someone makes comments outside of the context of recruitment and employment but which are negative to the LGBTI community and in turn would put off applicants in the future.
In this episode I will cover: * A background to the law. * The facts of the case. * Why business owners and HR professionals need to be cautious of comments they make about those with 'Protected Characteristics'. * Why the Court of Justice of the European Union took the decision they did in this case.
Action Points 1. Ensure any spokespersons or senior people in your business have training on the equality act and discrimination principles. 2. Ensure that all staff understand the impact of making public statements in any form, radio, TV, social media etc which are discriminatory. 3. Create a culture which is fair and reasonable and within which equality is promoted. 4. Have a written policy in place setting out your approach to equality. 5. Seek advice if you are unsure.
Resources NH v Associazione Avvocatura per i diritti LGBTI
The Equality Act 2010
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Top Tips on being a GREAT Employer direct from businesses on the Isle of Wight
In this short bonus episode of the podcast I bring you a recording made at the IOW Chamber Breakfast meeting at the Garlic Farm in October 2019.
I asked several attendees from businesses on the Isle of Wight to give me their Top Tips on how to be a great employer.
In the episode you will hear from:
Zoe Findon - Purple Patch PMO
Fiona Jeffery - Brightbulb Design
Cindy Newnham - Lifeline Fire and Security
Sandra Knowles - Hillbans Pest Control
Emma Wilson - WRS Systems
Andrew Nordbruch - Wight Computers
Tracey Hill - Osel Enterprises
Jeri Williams - Smooth Accounting
Alistair Dickinson - MyCRM & Mapsimise
Simon Poole - Wightfibre
Kathy Lockwood - Real Employment Law Advice
Albert Bargery - Real Employment Law Advice
What is your favourite tip from those given on the episode?
Do you have any tips you would add?
In this episode of the podcast I bring you a brief overview of the basics of discrimination. This episode is ideal if you are new to HR, management or you just want a refresher of what discrimination is.
In this episode I will cover: * A background to the law. * What you need to know as an employer or HR professional. * What protected characteristics are. * The different types of discrimination. * Discrimination claims which are unique to disability. * The key steps an employer needs to take.
Action Points 1. Where possible provide some training to all staff on the principles of equality. 2. At the very least ensure managers are aware of the key principles and elements of the Equality Act and discrimination. 3. Create a culture which is fair and reasonable and within which equality is promoted. 4. Have a written policy in place setting out your approach to equality. 5. Seek advice if you are unsure.
Resources The Equality Act 2010
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I cover a recent case decided by the Norwich Employment Tribunal as to whether a vegetarian employee could claim protection from discrimination on the grounds of vegetarianism.
In this episode I will cover: * A background to the law. * How the employment tribunal determine a 'philosophical belief'. * Why it is a 'hot topic' currently. * How it is related to a similar case about veganism. * What you should take from this case as an employer.
Action Points 1. Create a working environment where differences and beliefs are celebrated and accepted. 2. Behave fairly and reasonably to all employees regardless of your views on their beliefs. 3. Have your rules and codes of conduct and behaviour set out in writing and communicated to all employees. 4. Seek advice if you are unsure.
Resources Conisbee v Crossley Farms Limited & Others - Employment Tribunal
Article on Philosophical Beliefs and the Vegan Case
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Simon Matzinger on Unsplash
In this bonus episode of the podcast I bring you the audio from a recent interview on the YouTube channel for a business based locally to me on the Isle of Wight.
I was very pleased to have been invited onto the Business & Technology Show from MyCRM and I hope you find it interesting!
You can learn a bit more about me and why I started the business, including why my favourite film is Back To The Future.
In this episode of the podcast I interview Dr Julia Shaw about Spot, which she has co-founded to help employers and employees with harassment and discrimination recording and reporting.
About Dr Julia Shaw In 2017 Dr Julia Shaw co-founded the memory science and artificial intelligence start-up Spot.
Spot helps employees report workplace harassment and discrimination, and empowers organisations to build a more inclusive and respectful work environment.
Dr Shaw is also a psychological scientist at UCL, and is best known for her research in the areas of memory and criminal psychology.
Dr Shaw also consults as an expert on legal cases, particularly cases involving historic allegations.
Spot Useful Links https://www.drjuliashaw.com/
https://en.wikipedia.org/wiki/Julia_Shaw_(psychologist)
Julia's TedX Talk
https://talktospot.com/
In this episode of the podcast I cover the basics which employers need to consider with regards to Subject Access Requests when received from employees.
In this episode I will cover: * A background to the law. * What you need to consider at the outset. * The time limit for responding. * The type of data you have to search for. * What you have to provide to the employee. * Exemptions when you do not have to disclose the data.
Action Points 1. Have a person or persons within your organisation who are responsible for data and compliance with subject access requests. 2. Create a checklist or utilise the resources from the ico to create a workflow to follow if someone makes a request. 3. Seek advice before rejecting a request or requiring a fee to be paid.
Resources https://ico.org.uk/
Right of Access for Employees
GDPR Overview for Employers
GDPR Privacy Policy
GDPR: Action List for Employers – episode 90
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I discuss the importance of managing difficult or contentious conversations successfully.
In this episode I will cover: * What difficult conversations are. * Why we avoid having them. * The dangers of avoiding these conversations. * My top tips on how to carry out these conversations successfully.
Action Points 1. It should not be a surprise - Ensure that you are holding regular conversations about the required standards and performance. 2. Conquer your fears - The conversation in your mind is always worse than that of reality. 3. Change your mindset - A difficult conversation tends to go best when you think about it as just a normal conversation. 4. Be prepared - You need to ensure that the evidence backs up what you are trying to achieve. 5. Be positive - Spin your questions with a positive approach to open the lines of communication and have a positive dialogue. 6. Handle reactions with care - Acknowledge emotions and respond with kindness and empathy. 7. Cut out all distractions - Give your whole, undivided attention to the conversation. 8. Be consistent - Hold all your employees accountable to the same performance expectations. 9. Keep it confidential - Builds trust and confidence. 10. Summarise your understanding and agree a way forward - Encourage your employee to come up with the solution.
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Etienne Boulanger on Unsplash
In this episode of the podcast I interview Kate Cook, a corporate nutrition coach and we discuss how nutrition and well-being are important in the workplace and for employee happiness and business success.
About Kate Cook The Business of Wellness – inspiring healthier lifestyles for better business.
Kate Cook gives talks and workshops to business clients empowering their staff to adopt healthier lifestyles. Fresh, creative and practical information is delivered in an interactive style that encourages involvement and engagement.
Kate is passionate about making nutritional change easy and effective. She is a highly experienced international speaker and her successful practice methods have secured extensive TV appearances, publishing deals, magazine features and commissions as an international keynote.
As founder and director of the Harley Street clinic The Nutrition Coach, Kate has personally worked with more than 7,500 patients face to face and written 7 books including: ‘Get Healthy for Good’ (Whole Health), ‘Drop a Dress Size’, ‘Shape Up Your Life’ and most recently ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’. TV appearances include UKTV’s ‘The Truth About Beauty’. Kate has also delivered a TedX Fidelity International talk on ‘Dishing The Dirt’.
Clients
Over her 20 year career, Kate has delivered nearly 800 sessions to many top level corporate companies some of whom are listed below:
Accenture, Bank of England, Bank of New York Mellon, Christie’s Fine Art Auctioneers, Coutts (Zurich), Discovery Channel Europe, EDF Energy, Gardiner and Theobold, Jack Wills, Jones Lang LaSalle, JP Morgan, Land Securities, Landor, London Underground Ltd., Network Rail, Ogilvy & Mather, Origins, Overbury, Oxford University Press, Pret A Manger, Skanska, Time Warner, The White Company.
Competition Kate has very kindly offered a copy of her latest book ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’ to one lucky listener.
All you need to do is leave a comment in the show notes which can be found at www.adviceforemployers.co.uk/podcast/127 between Thursday 25th July 2019 - Thursday 8th August 2019. The winner will be picked at random on Friday 9th August 2019.
Useful Links www.thecorporatenutritioncoach.co.uk
www.katecook.biz
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Harassment and discrimination In this episode of the podcast I analyse the report commissioned by the Women and Equalities Committee into whether the use of non-disclosure agreements in harassment and discrimination cases is unethical, and how they should be dealt with in the future.
In this episode I will cover: * The 12 recommendations discussed in the report. * My critical analysis for each recommendation. * How to ensure your business is using non-disclosure agreements correctly. * Why having a robust process for dealing with harassment and discrimination is essential for a successful business.
Action Points 1. Non-disclosure agreements and confidentiality clauses in settlement agreements must not be used to pressure those who have suffered from discrimination or harassment at work to keep silent. 2. Ensure you have the appropriate procedures in place to prevent discrimination and harassment at work 3. Ensure management are trained in how to deal with complaints of this kind and that staff are trained to identify such behaviour and to report it 4. Seek legal advice before making any decisions.
Useful Links You can read the full report HERE
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
Harassment and disability discrimination In this episode of the podcast I summarise the facts and law concerning a case involving a trainee teacher who was suspended due to the fact that he could not write for more than a couple of minutes. The employee, who had been diagnosed with dyspraxia, claimed disability discrimination, harassment and constructive unfair dismissal.
In this episode I will cover: * Section 26 of the Equality Act 2010 which covers the law regarding harassment. * A breakdown of the considerations that will be made by the Employment Tribunal when assessing harassment. * The conclusion of the Employment Tribunal and Employment Appeal Tribunal in this case. * Assurance for employers that you can have difficult conversations with employees who are not capable of undertaking the job as a result of a disability. * Why obtaining an occupational health report is essential at an early stage. * Why making a decision in respect of the adverse effects of a disability does not constitute direct discrimination.
Action Points 1. if you have concerns about an employees fitness for work then seek medical advice as soon as possible. 2. If an employee has a disability then you will need to make adjustments and consider what can be done to assist them. 3. Understand the any decision making with regards to disabled employees carries a risk, regardless of their length of service. 4. Seek legal advice before making any decisions.
Useful Links Ahmed v The Cardinal Hume Academies - Employment Appeal Tribunal
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
In this episode of the podcast I give an overview of and my thoughts on implementing flexible working arrangements in your business. Whether for individual employees or as a wholesale change to the way you work, could this be the future for your business?
In this episode I will cover: * Examples of businesses who have already made changes for more employee flexibility. * Different types of arrangements that you could consider. * An overview of the legal right to request flexible working. * The advantages of being open minded about flexible working. * The disadvantages and potential issues that could arise.
Action Points 1. Consider surveying employees or creating a poll to find out if flexible working would be of interest to staff. 2. Think about the types of arrangements that may work for your business. 3. Consider trialing the changes first. 4. Seek advice if you are unsure what to do and how to implement. 5. Don't forget to take advantage of the publicity and promotion that could come with making changes to your business. If you are the first in your industry or you are trying something radical why not create a press release about it.
Useful Links The right to request flexible working - The legal position - Episode 1 of the podcast
Article about the legal firm who have switched to a 4 day week
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Restructure and redundancy: When do you have to pay redundancy pay if there is alternative employment available? In this episode of the podcast I cover a question from a listener which follows on nicely from the last episode when I answered a question about changing employee hours and redundancy. In this episode I tackle the difficult issue for employers regarding suitable alternative employment and the impact of an employees refusal on their right to redundancy pay.
In this episode I will cover: * The legal position in the Employment Rights Act about redundancy payments. * What an employer should consider when deciding if a role is a 'suitable alternative' or not. * How an employer should make an offer of alternative employment and what to include. * The circumstances in which an employee can generally refuse an offer and when that refusal will be reasonable. * Practical steps for employers to take when considering alternative employment. * How to try to resolve potentially difficult issues with employees.
Action Points 1. If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles. 2. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective. 3. Discuss any objections with the employee and see if you can reach an agreement. 4. Seek advice if you are unsure whether you are required to make a redundancy payment or not.
Useful Links Devon Primary Care Trust v Readman - Court of Appeal
Claim for redundancy pay or other payments where the employer is insolvent
Redundancy Mini-Series
- Redundancy Part 1: An Introduction (Episode 040)
- Redundancy Part 2: Consultation (Episode 041)
- Redundancy Part 3: Selection (Episode 042)
- Redundancy Part 4: Alternative Vacancies (Episode 043)
- Redundancy Part 5: Redundancy Pay (Episode 044)
- Redundancy Part 6: FAQs (Episode 045)
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Redundancy and restructure & Why you should be concerned with staff group chats In this episode of the podcast I cover two topics that employers should be aware of; the first comes from a listener question about redundancy and changing terms of an employee's contract and the second topic is inspired by the front page of my local newspaper, The County Press.
In this episode I will cover: * The definition of redundancy and how it relates to a restructure. * When changing terms of employment can trigger a redundancy situation. * What you need to consider as an employer. * The case of Fauchon v Packman Lucas Associates which deals with this issue. * Why employers need to give consideration to what employees are sharing and sending to one another on group chat services. * Why I believe group chats are high risk for employers from an internal perspective and a risk to reputation. * The key points to consider to try to direct employees on the usage of group messaging services such as Facebook Messenger and WhatsApp.
Action Points 1. If you are considering reducing staff hours or making internal changes consider whether there is a potential redundancy. 2. If you are unsure give consideration to your obligations to consult with staff individually and potentially under collective consultation rules. 3. Implement a 'group chat' policy either as a separate policy or as part of your social media policy - A policy will be available to download in our DIY document shop shortly but in the meantime if you would like a policy please contact alison@realemploymentlawadvice.co.uk 4. Educate staff on the appropriateness and risks of communications with colleagues. 5. Outline your rules and expected behaviour in communications amongst staff. 6. Seek advice if you are unsure.
Useful Links Fauchon v Packman Lucas Associates - Employment Appeal Tribunal
The Isle of Wight County Press
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
If there is no requirement to undertake work, but merely to be available for work, would it be 'working time' for the purposes of the National Minimum Wage? In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are 'on-call' with varying requirements on their time and whether they are entitled to the National Minimum Wage for the 'on-call' time.
In this episode I will cover: * The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal. * The facts of the case and how they differ to the Mencap case regarding sleep-ins. * The principles of the National Minimum Wage Regulations on the issue of 'working time'. * The key points to note if you have staff working 'on-call' shifts.
Action Points 1. If you have staff who work 'on-call' shifts for you then you should review how you are paying them. 2. Consider dividing the 'on-call' time up if the requirements upon them vary during that time. 3. Seek advice if you are unsure.
Useful Links Podcast Episode 104 covering the Royal Mencap Case
Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal
Royal Mencap Society v Blake - 2018 - Court of Appeal
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary? In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing .
In this episode I will cover: * Your options when this happens. * What the ACAS code says about an employee not attending a disciplinary meeting. * What are the requirements of 'natural justice'. * Principles of a fair dismissal for misconduct known as the 'Burchell' test. * The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice. * Reasonableness and range of reasonable responses test. * Reductions to compensation known as 'Polkey' deductions.
Action Points 1. Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen. 2. Obtain medical advice and evidence wherever possible. 3. Only proceed in the absence of the employee in exceptional circumstances. 4. Obtain advice before making a decision about how to proceed.
Useful Links BHS v Burchell
Polkey Case
ACAS Code of Practice
Khanum v Mid Glamorgan Area Health Authority
Unfair Dismissal Mini Series Episode 1
Unfair Dismissal Mini Series Episode 2
Unfair Dismissal Mini Series Episode 3
Unfair Dismissal Mini Series Episode 4
Unfair Dismissal Mini Series Episode 5
Unfair Dismissal FAQ's
What do employers need to be aware of when an employee wants to take time off for public duties and volunteering? In this episode of the podcast I answer a question from a listener about employers legal obligations when an employee requests time off to undertake public duties or volunteering.
In this episode I will cover: * The circumstances in which employees have the legal right to time off for public duties. * The consequences for failing to allow an employee time off in these circumstances. * When you can exercise your discretion for volunteering roles such as school governors or charity trustees etc. * Why allowing your employees time off on occasion for volunteering and/or community roles can be beneficial to your business. * What you need to consider if an employee is called for jury service. * Legal obligations and consequences when you have reservists within your employment.
Action Points 1. Put in place a 'Time off for public duties' policy or at least consider what your position would be in the event that an employee makes a request. 2. Understand what the legal obligations are in respect of public duties as set out in section 50 of the Employment Rights Act. 3. Review the guidance on employing reservists and consider applying for the armed forces covenant.
Useful Links Armed Forced Covenant
Employing Reservists
Employers Toolkit for Reservists
Section 50 Employment Rights Act 1996
Legal Updates from Real Employment Law Advice
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006.
A reflection on Gender Equality in the lead up to International Women's Day 2019 In this episode of the podcast I reflect on some of the issues facing women in the workplace including the challenges and statistics of the number of women who are leading the way in FTSE companies.
In this episode I will cover: * Why inequality is part of our recent history and some of the issues women have overcome at work in only the last 100 years. * Recent statistics on the numbers of women leading FTSE 100 and FTSE 350 companies. * Some of the most shocking reasons why women are not making it onto the Boards of these 'leading' companies. * Why having a gender balance is actually good for business. * Some top tips on how you can start to address the imbalance in your business or organisation. * The Equality Act provisions on positive action and when it is permitted.
Action Points 1. Track and measure so that you understand statistics on gender equality in your business or organisation. 2. Tailor and target your recruitment marketing for women. 3. Set up mentoring and ensure that the female leaders in your business or organisation are visible to others. 4. Address and explore unconscious bias and preconceived ideas that may have developed at a senior level. 5. Develop a strategy for what you want to achieve and get buy in to this at all levels. 6. Ensure that all managers and senior staff have training in respect of equality and diversity. 7. Look at the culture in your business and make changes where the culture does not reflect your strategy. 8. Address complaints and issues quickly and take them seriously. 9. Be proactive and build confidence of staff who have ambition or talent to be a future leader. 10. Introduce a clear salary structure based on tangible measure.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.
Useful Links Article written by Alison Colley 'Gender Equality in the Workplace: Still and Issue?' November 2018
Worst explanations for not appointing women to Boards
Equality Act Section 158 and 159
A summary of the decision in the Employment Appeal Tribunal discrimination case of Gan Menachem Hendon Limited v De Groen In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the ‘Gay Cake’ case, reported previously in episode 109 of the podcast.
In this episode I will cover: * The basis in law for the claim. * The facts of the case. * A summary of the Appeal Tribunal decision. * My thoughts on the case and why this judgement was the outcome. * Comparison to the Gay Cake case.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination; 2. Get some specific training for staff in Equality & Diversity and update regularly; 3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act; 4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.
Useful Links Gan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal
Lee v Ashers Baking Company Limited – Supreme Court Judgement
Podcast Episode 109
Snow and travel disruption at work Following the snow across much of the UK last week the issue of snow and disruption at work and the inevitable questions about employers obligations has arisen. So in this episode of the podcast I cover what you should do if employees cannot attend at work because of snow.
In this episode I will cover the following: * Steps you should take to prepare your business for adverse weather. * Minimum temperatures at work. * What employee rights are if schools are closed or there is disruption to childcare. * Why it is important to have a policy in place to deal with snow days. * Things to consider and options to avoid an employee losing out on pay. * When unlawful deductions from wages may apply. * Why it is important to get advice. * Health and safety considerations
We can help with the relevant procedure and clause for your employment contracts to deal with snow and travel disruption. Please do not hesitate to get in touch for some real life help for your organisation.
Useful Links Snow days article
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Dealing with sickness absence in the workplace This episode of the podcast is the fourth and final part of a mini series on managing sickness absence at work and in this episode I cover some frequently asked questions and listener questions.
In this episode I will cover answers to the following questions: * What if an employee is sick from one job but still working in their other job? * Do I have to wait for an employee's sick pay to run out before I can take action to dismiss them? * I have heard that there are extra requirements if the employee's absence is caused by an accident at work? * Can I dismiss an employee with a disability if they are off sick? * What if the employee gets better and has a period of time with no absence but has had lots of warnings for absence in the past? * How do you deal with a situation when an employee goes off on medium to long term sick leave just before a capability hearing at the end of a formal capability process? Can you pick back up with that capability hearing when it is no longer viable to just extend the period by the time the employee had off sick?
Action Points 1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures; 2. Set out from the outset the method and frequency of contact with an employee; 3. Obtain medical advice; 4. Seek advice and assistance if you are unsure how to deal with a situation.
We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.
Useful Links Other related podcasts:
- Episode 1 - Managing Sickness Absence: Simple steps to reduce absence
- Episode 2 - Managing Sickness Absence: Dealing with short-term absence
- Episode 3 - Managing Sickness Absence: Dealing with long-term absence
- Disability Discrimination & Reasonable Adjustments (Episode 005)
- Obesity & Discrimination (Episode 013)
- Disability Discrimination & a Premier League Football Club (Episode 053)
- When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
- The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
- When does an employer have constructive knowledge of disability? (Episode 93)
Bradford Calculator
You can find an index of all of the podcast topics covered so far here: Podcast Index
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Emily Morter on Unsplash
Thank you and best wishes for the festive season This is just a short interlude between episodes 113 and 114, which are covering Managing Sickness Absence, in order to say a big thank you for your support over the last year and for listening to the podcast.
It is also to inform you that the next podcast will be back on or around the 21st January 2019 when I will be covering listener questions about sickness absence.
I also wanted to take the opportunity to remind you that as a firm of Solicitors we provide advice and assistance to Employers and Employees on all aspects of employment law and would be very happy to help you in future, just drop me an email to alison@realemploymentlawadvice.co.uk and we can set up a free, no obligation, telephone call or Skype call.
It is also a reminder that we have a fortnightly free newsletter which covers various topics and updates that are not normally covered in the podcast. For example in the last newsletter before Christmas I covered the recently announced employment law reforms, known as the 'Good Work' reforms. If you want to learn more you can read the full article here: https://adviceforemployers.co.uk/2018/12/18/government-announce-employment-law-reforms/
The next newsletter due out on the 2nd January 2019 gives a full run down of all of the articles and issues covered in newsletters in 2018 so be sure to subscribe now to get your copy:
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The only data we will hold is your name and email address.
You can find an index of all of the podcast topics covered so far here: Podcast Index If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by rawpixel on Unsplash
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
How do you manage staff who are absent long-term? This episode of the podcast is the third part of a mini series on managing sickness absence at work and in this episode I cover what you can do to manage staff who are absent long-term due to sickness or injury, including the stages you need to go through if their absence becomes untenable.
In this episode I will cover: * Recognising the difficulties in having conversations with employees who are sick. * The importance of maintaining appropriate regular contact with absent employees. * Why you need to obtain medical reports and up to date information on the employees condition and prognosis. * What to do when you have to start the formal process. * The importance of considering disability and reasonable adjustments. * When to consider adjustments for the employee. * What to do when you reach the point of dismissal. * What to consider if the employee is going to be absent indefinitely and/or may not return. * How to minimise your risk of a discrimination and/or unfair dismissal claim.
Action Points 1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures; 2. Set out from the outset the method and frequency of contact with an employee; 3. Obtain medical advice; 4. Seek advice and assistance if you are unsure how to deal with a situation.
We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.
Useful Links Disability related podcasts:
- Disability Discrimination & Reasonable Adjustments (Episode 005)
- Obesity & Discrimination (Episode 013)
- Disability Discrimination & a Premier League Football Club (Episode 053)
- When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
- The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
- When does an employer have constructive knowledge of disability? (Episode 93)
Bradford Calculator
You can find an index of all of the podcast topics covered so far here: Podcast Index
In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
How do you deal with persistent short-term absences? This episode of the podcast is the second part of a mini series on managing sickness absence at work and in this episode I cover the tricky issue of how to effectively address short-term absences and the stages you need to go through if the absence levels do not improve.
In this episode I will cover: * The importance of having a good sickness procedure in your Handbook or other document. * Why having informal exploratory discussions with employees at an early stage are important. * What to do when you have to start the formal process. * Why you need to be clear on the real reasons for the employees absences. * How to check if the employee has a long-term medical condition and/or disability. * The importance of obtaining appropriate medical advice. * When to consider adjustments for the employee. * What to do when you reach the point of dismissal * How to minimise your risk of an unfair dismissal claim.
Action Points 1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions; 2. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures; 3. Keep good records of the volume and reasons for absences; 4. Seek advice and assistance if you are unsure how to deal with a situation.
We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.
Useful Links Disability related podcasts:
- Disability Discrimination & Reasonable Adjustments (Episode 005)
- Obesity & Discrimination (Episode 013)
- Disability Discrimination & a Premier League Football Club (Episode 053)
- When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
- The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
- When does an employer have constructive knowledge of disability? (Episode 93)
Bradford Calculator
You can find an index of all of the podcast topics covered so fare here: Podcast Index
In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
How can you start to reduce sickness absence in your business or organisation? This episode of the podcast it is the start of a mini series on managing sickness absence at work and to start I cover some easy practical tips to reduce sickness absence which you can begin today.
In this episode I will cover: * Some easy tips to help you to deal with sickness absence. * Guidance on having clear rules on telephoning in to report sickness absence. * Training managers to ask the right questions when someone phones in sick. * Back to work meetings and discussions. * Self-certification forms and what to include on them. * The importance of absence recording records. * Effective ways to manage sick pay. * How the Bradford Scale can help manage absence. * Why communication with staff is the key to reducing and managing sickness in your organisation.
Action Points 1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions; 2. Review how you record sickness absence in your business or organisation; 3. Look at your sick pay policy and consider amending; 4. Change your self-certification forms; 5. Seek advice and assistance if you are unsure how to deal with a situation.
We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.
Useful Links Wonolo Top 50 Podcasts for HR Professionals
Bradford Calculator
You can find an index of all of the podcast topics covered so fare here: Podcast Index
Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What are your options with disciplinary action & double jeopardy In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue?
In this episode I will cover: * The risks if you dismiss an employee for an issue that has previously been dealt with informally. * A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed. * A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair. * The test of reasonableness and why it is relevant to disciplinary decisions. * Why the manager's behaviour in this scenario could be seen as bullying. * What you should consider if you are in similar circumstances. * Double jeopardy or res judicata in respect of employment issues.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time; 2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place; 3. Seek advice if you are unsure about the situation.
We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.
Useful Links Sarkar v West London Mental Health NHS Trust 2010
Christou and another v London Borough of Haringey 2013
Williams v Leeds United Football Club
Episode 108 of the Podcast
Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk
A summary of the decision in the Supreme Court Discrimination case of Lee v Ashers Baking Company Limited In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment.
In this episode I will cover: * The basis in law for the claim. * The facts of the case. * A summary of the supreme court decision. * My thoughts on the case and why this judgement was the outcome. * Comparison from a 'similar' case in Colorado in the US.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees; 2. Get some specific training for staff in Equality & Diversity and update regularly; 3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.
Useful Links Lee v Ashers Baking Company Limited - Supreme Court Judgement
BBC Report on Case
Masterpiece Supreme Court Case from Colorado - CNN news piece
Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk
A guide to Wrongful Dismissal: What is it and when is it applicable? Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional.
In this episode I will cover: * The basis in law for a claim for wrongful dismissal. * The difference between unfair dismissal and wrongful dismissal. * The time limits for bringing a claim for wrongful dismissal. * The potential damages/compensation an employee could receive. * Why it is important to ensure that your disciplinary procedure is not contractual. * The impact of a wrongful dismissal claim on post-termination restrictions.
Action Points 1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long; 2. Seek advice before dismissing an employee without notice; 3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.
Useful Links Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)
Dunn v AAH Ltd [2010] EWCA Civ 183
Williams v Leeds United Football Club [2015] EWHC 376
Neary and another v Dean of Westminster [1999] IRLR 288,
Episode 46 – Farnan v Sunderland FC
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
When is it not 'reasonably practicable' for a claim to be submitted in time? In this episode of the podcast I review an interesting case decided by the Employment Appeal Tribunal about time limits and the provision of section 111 of the Employment Rights Act which allows claims to be submitted out of time when not reasonably practicable for the complaint to be presented in time.
North East London NHS Foundation Trust v Ms S M Zhou - EAT July 2018 In this episode I will cover: * The facts which have led to the appeal. * Details about the claim form and submission process. * Jurisdiction issues. * Section 111 of the Employment Rights Act 1996. * Considerations for employers when defending claims.
Action Points 1. If you receive a claim against you carefully check the time limits and timing of the claim. 2. Seek advice if you are unsure about jurisdiction issues. 3. When submitting documents and forms to the Tribunal ensure that you do not leave it to the last minute. 4. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001
Useful Links North East London NHS Foundation Trust v Ms S M Zhou
Hamling v Coxlease School - EAT 2006
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I deal with a suggested topic from a podcast listener who emailed to say:
"Really enjoy listening to your podcasts. Could I ask that you consider health and safety at work, workplace danger and Section 44 of the ERA 1996 as a future topic as it's a interesting subject?" In this episode I will cover: * The protection from detriment provided by Section 44 of the Employment Rights Act 1996. * Unfair dismissal protection for employees who raise health and safety issues. * Basic health and safety obligations as set out in the Health & Safety at Work Act 1974. * Minimum legal requirements. * How individual Directors, business owners and managers can be liable for health and safety breaches. * Considerations in respect of mental health and protecting from risks to mental health safety.
Action Points 1. Check to ensure that you comply with the minimum requirements of the Health and Safety Act Work Act 1974. 2. Review your procedures and policies to ensure they are fit for purpose. 3. Undertake any risk assessments. 4. Ensure that your managers have training and a good understanding of the legal requirements. 5. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001
Useful Links Health & Safety Executive Website
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What can you do about undeclared convictions of existing employees?
In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage.
In this episode I will cover:
- The different rules that apply between Spent and Unspent Convictions.
- When some job roles are exempt from the Spent conviction rules.
- What you need to consider and the risks of dismissing an employee?
- Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction.
- Considerations if you do employ someone with a previous conviction.
Action Points
- Consider if any of the job roles in your business fall under the Exceptions Order.
- Look at how the vetting process works and fits in your organisation.
- Consider what steps you take to undertake checks and background information about candidates.
- If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001
Useful Links
Rehabilitation of Offenders Act 1974 – Guidance
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Do you have to pay the National Minimum Wage for time an employee is sleeping? In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.
In this episode I will cover: * Background to the National Minimum Wage Regulations. * Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations. * Why this case provides much needed clarity on the issue. * The facts of the case.
Action Points 1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.
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If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.
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If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001
Useful Links Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Unfair Dismissal Cases from the Employment Tribunal In this episode of the podcast I have reviewed a couple of employment tribunal decisions which have been published on the government website. It is a great way to get an understanding of what the Tribunals around the country will consider when looking at a claim for unfair dismissal.
In this episode I will cover: * Decision of the Tribunal in a misconduct case: Miss Helen Evans v Llanishen Fach Primary School * Decision of the Tribunal in a redundancy dismissal case: Mrs JM Hockenhull v David Lewis Centre * A reminder of the 'Polkey' rules when compensation is reduced where the Employer has failed to follow a fair procedure but the result would have been the same. * Decision of the Tribunal in a misconduct case: Mr D Maguire v Department for Work and Pensions * The surprising number of unfair dismissal cases being withdrawn or struck out as the employee did not have the required two years continuous employment. * A useful tip about preparing witness evidence. * A decision where the Employer was awarded some of their costs.
Action Points 1. It is a useful exercise for those who are decision makers in disciplinary cases or HR professionals to have a read of some of the Judgements available: https://www.gov.uk/employment-tribunal-decisions 2. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter. 3. If you do not have the time to read Judgements and stay on top of the law why not hire a professional who is specialist in this area: https://www.adviceforemployers.co.uk/employment-law-support/
Useful Links https://www.gov.uk/employment-tribunal-decisions
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
In this episode of the podcast I cover the recent high profile case against Pimlico Plumbers in the Supreme Court. This is just one of many cases making the way through the Tribunal and Court system concerning the new 'gig' economy workers and establishing their legal status.
In this episode I will cover:
- The background to the case.
- The facts of the case.
- What you need to know about the 'gig' economy and 'worker' status.
- Summary of the key points.
- Why this is an area where there will undoubtedly be legislation to clarify the position shortly.
Action Points 1. Ensure that if you use' workers' or 'self-employed' consultants that you understand how to determine their legal status; 2. Ensure you understand the risks of getting it wrong; 3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.
Useful Links You can read the full case here: http://www.bailii.org/uk/cases/UKSC/2018/29.html
Watch the Supreme Court Judgement here: https://www.supremecourt.uk/watch/uksc-2017-0053/judgment.html
Podcast Episodes 61 & 66 re Uber case
Section 230 Employment Rights Act 1996
The Taylor Review: Read the full report here
Governments response to the Taylor Review here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Can an employer fairly dismiss an employee for serious misconduct without any warnings? In this episode of the podcast I cover a couple of points including a recent Appeal Tribunal case about unfair dismissal, an update on delays in the Employment Tribunal and a question answered about pregnancy and sickness.
In this episode I will cover: * The case of MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED; * What you need to consider when deciding on dismissal in a case of serious, but not gross, misconduct; * Why there are delays in the Employment Tribunal process currently; * Whether you are able to ask an employee who is pregnant to fill in a sickness reporting form when absent due to sickness.
Action Points 1. Ensure that you seek advice before making a decision about dismissal; 2. Obtain training or give guidance to your managers about how to deal with pregnant employees; 3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.
Useful Links You can read the full case here: MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Employee Grievances: Part 4 Frequently Asked Questions This episode of the podcast is the final in a mini series focusing on Grievances and how to deal with them.
I cover some of the Frequently Asked Questions about grievance investigations and processes.
In this episode I will cover: * Does the employee who raises a grievance have the right to see witness statements and evidence gathered in the investigation process? * What if the grievance is against the owner of a small business? * If the grievance regarding bullying is upheld does the employee who raised the grievance have the right to know the outcome of the disciplinary process? * Does the employee 'accused' in the grievance have the right to know about the grievance against them? * Should a disciplinary matter or a grievance be dealt with first? * Can the same person investigate and decide the outcome of the grievance? * How do you reach a conclusion where two sides tell different story and there is no evidence?
Action Points 1. Listen to episodes 1-3 of the Mini Series. 2. Seek advice and expert support if you find yourself in a difficult or tricky situation.
Useful Links ACAS Code of Practice Here
ACAS Guidance Here
ACAS Guidance on conducting workplace investigations Here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Employee Grievances: Part 3 Conclusion, Appeal & Points to Note This episode of the podcast is the third in a mini series focusing on Grievances and how to deal with them.
There will be one further episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.
In this episode I will cover: * Things to consider in reaching your conclusion. * How to approach the conclusion and support your findings and outcome. * What to include in your conclusion. * The appeal process. * The importance of considering mediation as an option throughout the process. * What to consider if the grievance is about a colleague or line manager. * How to handle employee grievances raised in the disciplinary process. * Why you need to be cautious with employees raising 'tactical grievances' at the same time as 'without prejudice' settlement negotiations. * How to deal with employees who raise a grievance whilst absent from work due to work stress or for mental health reasons.
Action Points 1. Ensure that any conclusion you reach in an investigation process is supported by the evidence you have obtained. 2. Where possible give a full explanation for your investigation findings. 3. Do not delay in dealing with grievances raised at the same time as a settlement offer. 4. Seek advice and expert support at the earliest opportunity if a dispute arises.
Useful Links ACAS Code of Practice Here
ACAS Guidance Here
ACAS Guidance on conducting workplace investigations Here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Employee Grievances: Part 2 Investigation This episode of the podcast is the second in a mini series focusing on Grievances and how to deal with them.
There will be at least a further 2 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.
In this episode I will cover: * How to approach the grievance process. * Things to consider when assigning a grievance investigator. * The importance of planning and setting out the scope and purpose of the investigation. * The principles of reasonableness, objectivity and fairness of the investigation. * The importance of confidentiality and why it is tricky to manage. * How to plan and prepare for meetings with employees and witnesses. * Why evidence gathering is essential in assisting you reach the right outcome. * How to shape the investigation report and resources available to help.
Action Points 1. When you receive a grievance from an employee act quickly and assign an investigator. 2. Ensure that the investigator has appropriate training or resources at hand to assist with the investigation. 3. Seek advice and expert support at the earliest opportunity if a dispute arises.
Useful Links ACAS Code of Practice Here
ACAS Guidance Here
ACAS Guidance on conducting workplace investigations Here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.
There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.
In this episode I will cover: * Why it is important to identify a grievance even when it may not be obvious! * The importance of handling grievances well. * The impact and potential legal consequences of failing to deal with grievances correctly. * The starting point for any employer when considering grievances.
Action Points 1. Have a good internal grievance procedure; 2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances. 3. Seek advice and expert support at the earliest opportunity if a dispute arises.
Useful Links ACAS Code of Practice Here
ACAS Guidance Here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Can an employee rely on the failure to pay National Minimum Wage to claim constructive unfair dismissal? In this episode of the podcast I cover a case, which is rather unusual, in that an employee was paid just 33p per hour. When she resigned and claimed constructive unfair dismissal her claims were initially unsuccessful as she did not know that she was entitled to minimum wage and that her employer was therefore in breach. The case is Mruke v Khan in the Court of Appeal.
In this episode I will cover: * The National Minimum Wage rates (as below); * The unusual facts of this case; * Background to a successful constructive unfair dismissal claim.
Action Points 1. Ensure that you pay the National Minimum Wage - new rates: 25+ £7.83; 21-24 £7.38; 18-20 £5.90; 16-17 £4.20; apprentice £3.70. 2. Check your salaried employees to make sure that their hourly rate does not drop below the new rates; 3. Seek advice and expert support at the earliest opportunity if a dispute arises.
Useful Links You can read the full case here: Mruke v Khan - Court of Appeal 2018
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What can an employer do to resolve issues without lengthy procedures? In this episode of the podcast I run through the procedure for trying to resolve issues with employees without the need for lengthy procedures particularly when you have not already done anything about it previously.
In this episode I will cover: * The options available; * What 'protected conversations' are and how they work; * Why you may wish to make a settlement payment to an employee; * Questions to consider before starting the 'protected conversation'; * How to start a settlement conversation with an employee; * What paperwork to produce and when; * How allowing the employee paid leave can be a good tactic; * How long you should give the employee to decide; * An example of the type of scenario that can arise.
Action Points 1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay; 2. If you have delayed or failed to address issues and you want to bring an issue to a conclusion without a lengthy process consider settlement discussions; 3. Seek advice and expert support at the earliest opportunity.
Useful Links Episode 28 of the Podcast - Settlement Agreements
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What can a manager do to assert their authority and continue to manage an employee who has a grievance against them? In this episode of the podcast I attempt to answer a great question from a listener about the practicalities of managing someone who has raised a grievance against you in response to your addressing performance or capability issues. An interesting question and a scenario that arises all too frequently.
In this episode I will cover: * My advice on how to avoid a grievance scenario in the first place; * Why employees often feel aggrieved when performance or capability issues are raised; * Why communication is the key in managing employees; * My thoughts on grievance procedures and why they do not need to be long drawn out processes; * Tips on how best to continue to proactively manage an employee even when there is a grievance process.
Action Points 1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay; 2. Ensure that managers and supervisors who have line management responsibilities have some form of management training; 3. Give your managers and supervisors support with difficult employees and play a hands on role to resolve the issues; 4. Do not drag on grievance processes unnecessarily, there is no reason why it has to take months to investigate; 5. Seek advice and expert support before a dispute arises.
Useful Links As part of our HR Harbour annual subscription service for employers we provide guidance and support for managers, which can include training on being a better manager and having difficult conversations. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £150 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Will an employer be expected to know an employee is disabled if the occupational health report says otherwise? In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer's constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.
The case is Donelien v Liberata UK Limited
In this episode I will cover: * The facts of the case; * Background to the relevant discrimination legislation; * The relevance of the case given the fact that it was decided under the Disability Discrimination Act; * The decision of the Court of Appeal; * Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.
Action Points 1. If you suspect an employee may be disabled it is important to get advice; 2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone; 3. Seek advice on your legal obligations before dispute arise.
Useful Links Donelien v Liberata UK Limited - Court of Appeal
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What happens when an employee makes a claim against you in the Employment Tribunal? In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim.
In this episode I will cover: * The first notification stage - when you will find out if there is a claim against you; * The time limit for returning your defence; * How the Tribunal issue directions for preparation; * The type of preparation required; * The timing for preparation in advance of the final hearing.
Action Points 1. If you receive a claim form or notification from the Tribunal do not delay; 2. Seek advice and ensure that you meet the Tribunal deadlines and timetable.
Useful Links ACAS Early Conciliation explained: Episode 3
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for my fortnightly newsletter Email Address * First Name Last Name * indicates required Please do not worry we will not send you spam!
We only use your email address for the purpose of sending you our fortnightly newsletter.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Answers to some questions you may have about the GDPR Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.
The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.
The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.
In this episode I will cover answers to the following questions: * Does the GDPR apply to information held about a business? * Are there extra considerations if we employ children? * Do all businesses need a data protection officer? * Who needs to know about the GDPR in my business? * Do I need to delete all old employee information I have? * If I only keep paper records does the GDPR still apply? * If we use software to hold employee data what do we need to do about this? * Is it necessary to have consent in all cases if we are holding and processing data?
Action Points 1. Listen to the podcast and follow the action points; 2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk 3. Sign up for updates and alerts from the information commissioner; 4. Diarise time to take action on the GDPR; 5. Consider assigning a Data Protection Office or champion in your organisation.
Useful Links Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
As an employer what actions should you be taking to comply with the GDPR Following on from the last podcast (episode 89) I continue to provide you with an overview of the 'GDPR' and what you will need to know as an employer.
The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.
The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I bring you an action list to get started on ensuring your business is compliant with the GDPR from an employers perspective.
In this episode I will cover: * Consent issues for employers; * Actions you should take and why; * Ways in which you can simplify your compliance with the GDPR.
Action Points 1. Listen to the podcast and follow the action points; 2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk 3. Sign up for updates and alerts from the information commissioner; 4. Diarise time to take action on the GDPR; 5. Consider assigning a Data Protection Office or champion in your organisation.
Useful Links Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Do you know about the GDPR & your requirements as an employer? If you are an employer or business owner you will have undoubtedly heard the word 'GDPR' around generally, normally followed by a bit of confusion and concern. The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.
The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I begin a mini-series bringing you an overview of the GDPR from an employers perspective. Following this podcast will be at least one, possibly two further episodes on the GDPR and a free checklist for Employers.
In this episode I will cover: * An overview of the introduction of the GDPR; * The deadline for compliance; * The consequences of non compliance; * A background to its application in the UK and EU; * What data it applies to; * How you may legally justify holding and processing data; * How you can gain consent from employees to holding their data; * What information you must provide to employees about their data and data rights; * What an employee's rights are when it comes to their personal data; * Changes to the Subject Access process and rules; * How you must demonstrate your compliance with the GDPR; * Advice about appointing a data protection officer; * Obligations to report a data breach; * Where you can go for more information.
Action Points 1. Listen to the podcast and future episodes about the GDPR; 2. Contact us for a free checklist (available after the 20th November 2017); 3. Sign up for updates and alerts from the information commissioner; 4. Diarise time to take action on the GDPR; 5. Consider assigning a Data Protection Office or champion in your organisation.
Useful Links Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
What is Sexual Harassment? & How does the law protect people in the UK? Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to ensure the culture in your workplace does not allow this kind of behaviour to take place.
In this episode I will cover: * The law in the UK regarding sexual harassment; * The legal test for establishing sexual harassment; * Some case examples of what constitutes sexual harassment at work; * Some tips and hints to prevent issues arising; * How to ensure that this culture does not develop in your organisation.
Action Points 1. Act quickly if faced with allegations or suspicions of such behaviour; 2. Be clear on the type of behaviour that is acceptable in your organisation; 3. Have a clear policy on acceptable behaviour and methods or reporting; 4. Deal with any allegations or issues seriously.
Useful Links BBC 5 Live survey Results & Report: Here
Equality Act 2010
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Examples of cases involving suspension at work Following the last two episodes in which I covered suspending employees, I have compiled some cases involving suspension at work to give you some examples of the facts and circumstances.
In this episode I will cover: * Camden and Islington Mental Health and Social Care Trust v Atkinson UKEAT/0058/07 * Gogay v Hertfordshire County Council - Court of Appeal 2000; * Mezey v South West London & St George's Mental Health Trust - Court of Appeal; * Milne v The Link Asset & Security Company Limited - Employment Appeal Tribunal; * Shipstone v Leicestershire County Council - Leicester Employment Tribunal.
You can review Employment Tribunal Judgement that have been published here: https://www.gov.uk/employment-tribunal-decisions
Action Points 1. Seek advice about the particular circumstances, every case is different; 2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue; 3. Take care not to make snap decisions or judgments; 4. Listen to the two earlier episodes on suspension here 85 and 86.
Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
What are an employers options when an employee is charged with a criminal offence? Should they suspend indefinitely? Following the last episode in which I covered suspending employees I have been contacted by a listener who raised some great questions about suspending employees when there are criminal allegations either related to work or behaviour outside of work to take into consideration.
This is certainly an issue that arises fairly frequently and often employers do not know what to do and feel that they have no choice but to suspend the employee on full pay pending the outcome of the criminal case.
In this episode I will cover: * The difference in approach depending on the facts of the case; * Why it may not be appropriate to suspend and/or dismiss an employee for criminial conduct outside of work; * The importance of following a fair and reasonable internal disciplinary procedure; * What to do if an employee refuses to answer questions or is advised not to attend an investigation meeting; * Circumstances in which you do not have to wait for the employee to attend a disciplinary meeting; * General principles for suspension and disciplinary decision making.
Action Points 1. Seek advice about the particular circumstances, every case is different; 2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue; 3. Take care not to make snap decisions or judgments; 4. Listen to the unfair dismissal mini series which you can find here: 36 and 37
Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006