Smart phones, the internet, tweeting and blogging have all become part of the 21st century working world, whether employers like it or not. But when do comments made by employees in blogs or on social network sites such as twitter, Facebook, LinkedIn or MySpace become an employment issue? What’s the problem? What employees do or say outside work is usually their own choice. However, when this impacts on their work or their employer’s business, it may be legitimate for the employer to intervene. The most…
In a recent survey of people who ‘work for themselves’, it was found that 1 in 10 were actually employees, even though these people were classed as self-employed. However, the biggest area of concern is the Construction industry where it is estimated that over 50% of self-employed workers are, in fact, employees. This could mean that over a million ‘employees’ are missing our on such things as holiday pay; the government is losing tax revenue which could be over £1.5 billion per year; and responsible…
Office Christmas parties can be a fantastic morale boost for employees but employers need to be aware of potential risks, such as alcohol fuelled fights, discrimination and absenteeism. Employers have responsibility for their staff members at any work-related Christmas function. When employee behaviour strays into misconduct, particularly where alcohol is involved, they are often the result of arguments or frustrations from incidents over the year. They can escalate into fighting and far more serious incidents involving other people or property, accusations of sexual harassment and…
The time spent travelling to and from the first and last jobs by employees without a fixed office should be regarded as work, European judges have ruled. Until now, mobile workers who travel to get to or from their first or last appointment of the day were not required to count that time as work. However, the European Court of Justice judgement (ECJ) has ruled that those without a fixed office should consider the time they spend travelling between their homes and the premises of…
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. There are many people who will ask for a zero hours contract when what they actually need is a casual services agreement. Find out more about zero hours contracts on…
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 designed to introduce three basic concepts into UK employment law when a business is sold. Employees employment rights remain intact Employees have protection from dismissal if they are dismissed due…
The Health & Safety Executive (HSE) is currently carrying out targeted inspections on refurbishment projects – and Working at Height is likely to be high on the list of enforcement. HSE figures indicate that 45% of deaths on construction sites in Britain last year were as a result of falls from height and 581 workers suffered major injuries as a result of such a fall. Good working practice and legislation requires employers to plan work at height and to give information to employees who are…
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 note is that if the bill is passed. Trade Unions will have to give employers 14 days’ notice of strike action and in addition, businesses will be allowed to bring…
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 recent case. In the case of Lock v British Gas, the courts held that failing to include commission in holiday pay calculations meant that employees earned significantly less for periods…
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 the number of young people coming into the workplace will be less than the number that will be needed to replace those who have permanently left work. Recent transformation of…
