September 21, 2015

Long term sickness and TUPE employee rights

Most HR professionals will know that when a business changes owner, its employees’ rights, duties and liabilities are directly transferred under the TUPE legislation. But it turns out this is not necessarily true if they are on long term sick leave, according to a recent case. TUPE, or Transfer of Undertakings (Protection of Employment), was…

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Confused about Contract Types?

Do you know which employment contract to use for different categories of employee? Here’s our handy guide to understanding them all… Zero Hours, Casual, Temporary or Fixed Term? Many people are confused when it comes to working out which contract (or Principal Statement of Terms and Conditions) to give to the different categories of employee.…

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September 3, 2015

Top tips for flexible working: Family friendly entitlements

With the start of the new school year upon us, many of your employees will be requesting flexible working hours. The right to request flexible working for ALL employees has been in place since June 2014. Does your company have the right policies and procedures in place to be a flexible place to work? Previously…

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August 24, 2015

Discrimination by association

Can an employee bring a claim of discrimination even though they do not have one of the protected characteristics as set out in the Equality Act 2010? In a recent case by the European Court of Justice (ECJ), (CHEZ Razpredelenie Bulgaria AD v Komisia za Zashtita ot Diskriminatsia (Case C-83/14) EU: C: 2015:480; [2015] WLR…

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Can you dismiss a whistleblower?

Dismissing an employee for ‘blowing the whistle’ is automatically unfair, no matter how long they’ve been at the organisation, according to a recent case. Workers are protected under the law if they reveal to those in positions of authority suspected malpractice at work. It is in the public interest that the law protects whistleblowersso that…

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August 21, 2015

Why you need a robust social media policy!

Employers need to have a robust social media policy to protect them against disciplinary action – as shown by a recent Employment Tribunal case regarding unfair dismissal. David Smith was fired after posting offensive comments on Facebook. In the case (British Waterways Board v Smith, August 2015) the employer argued it was fair to dismiss…

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How to calculate annual leave for part time workers

You probably know that full time employees are entitled to 28 days’ paid annual leave, but what about part time employees? A part time employee is pro-rated to a full-time employee’s entitlement and is based around their working week. To calculate holiday entitlement, use the following formula… 5.6 x number of working days = Holiday…

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July 21, 2015

Trade Union Bill: The biggest changes in 30 years

The Government has now published its draft trade union bill – if passed, this bill could see some significant changes to Employment Law…. Here are some of the most important points about the draft bill you need to know… Notice period of strike action & agency cover The most important proposed change for employers to…

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Holiday Pay for voluntary overtime?

The controversial question of what to include in holiday pay has taken another turn against employers. So what’s changed and what do you need to include in your calculations for holiday pay? Commission… Employers may have to change their payment arrangements for employees who earn a high proportion of their salary as commission, following a…

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July 20, 2015

How looking after older workers can safeguard your future

In the UK, almost 9.5 million people in employment are over the age of 50. This equates to over 30% of the UK workforce. In the not-too-distant future, a major proportion of these employees will retire, taking their skills and experience with them. The problem is that the demographic change over recent years means that…

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Drink, drugs and dismissals

It’s now more important than ever that employers ensure their drivers are fit to drive. Most people are aware that there are specific blood alcohol limits for drivers prescribed by law. Many will know that the limit is 80 milligrams per 100 millilitres of blood. But did you know that it is now only the…

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June 19, 2015

Review of Employment Tribunal Fees

The Government has announced its review of Employment Tribunal fees, which is expected to conclude towards the end of this year. The review will consider how effective the introduction of fees has been at meeting the original objectives, while maintaining access to justice. The original objectives were: to transfer some of the cost from the…

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