Employment Contracts: Recent Episodes
Alison Colley
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.
When does a change to employee contract terms bring the contract to an end? 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
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 Jeri's 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
Book Recommendation
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
What do you need to consider when making changes to terms of employment?
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 week’s episode of the Podcast I am talking about a subject that has come up from 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 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
Taking on your first employee: Part 2 Contracts In this weeks' episode it is the second part of the mini series focusing on taking on your first employee and the considerations which apply with taking on any new employee. This week, the key things to consider when putting together your employee contracts.
In this episode I will cover: * Where to find the minimum legal terms required; * What you need to consider when preparing your contract terms; * Considerations regarding the length of the contract, will it be open ended or fixed term; * Whether you should include a probation period; * What notice periods you may want to include; * Rules regarding holiday and what is important for you regarding holiday requirements; * Sick procedures and pay; * Maternity, paternity and parental leave provisions.
Action Points 1. Ensure that you set out the key legal requirements in the contract; 2. Make sure the contract you use works for your business; 3. Get a professional contract template prepared for your business. Contact us for a fixed fee quote alison@realemploymentlawadvice.co.uk .
Helpful Information & Links Section 1 of the Employment Rights Act 1996
Please vote for the podcast in the New Media Europe Podcast Awards 2016 Click below and scroll down under the Best UK Podcast Award and vote for the Employment Law & HR Podcast
http://newmediaeurope.com/2016/nmeu-awards-2016-stage-1/
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in 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.
A round up of Employment Law in the News
There have been several topics in the news recently which I will touch upon and bring you more information and my opinion in this weeks' episode.
In this episode I will cover: * The proposal to abolish Employment Tribunal Fees in Scotland. * The outcome of Unisons challenge on Tribunal Fees in the Court of Appeal. * What I believe the future position will be regarding fees in England and Wales. * Details about the Living Wage. * What the Living Wage is. * The implications for Employers. * How to plan for the changes. * Why zero hour contracts are in the news again. * When zero hour contracts are good to use. * What my opinion is on the future of zero hour contracts.
HR Best Practice Tip The HR tip of the week is about ensuring that your employment contracts include a clause that allows you to obtain a medical report in the event that they are absent from work due to sickness for a substantial period of time.
New Media Europe Conference
New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.
(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in 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.
Can an employer make changes to employment contracts without consent? In this episode of the podcast I bring you a recent case dealing with changes to employment contracts as well as an overview of an employer's options if an employee refuses to agree to the changes.
In this episode you will learn * When changes can be made without risk of breach of contract * What the options are if an employee refuses changes to employment contracts * Why the Employment Tribunals are reluctant to give employers wide discretion to make changes * Why you should have a general variation clause in your employment contracts * When to have a specific variation clause
HR Best Practice Tip The HR tip of the week is about a service that I can provide to you to make your life much easier.
Podcast references Norman and others v National Audit Office (Employment Appeal Tribunal)
HR Harbour Information
If you have a question that you would like answered in the podcast please send me an email to alison@realemploymentlawadvice.co.uk or leave a comment below.
HR Harbour - A complete solution for Employers If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.
https://www.youtube.com/watch?v=2qSl87537J4
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. 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.