The press has recently reported details of a Rotherham-based firm facing a claim for £425,000 from 56 employees for bypassing the rules when they made changes to the terms & conditions of employment. This story comes as a timely reminder to employers that regardless of whether or not union agreements are in place, or indeed whether any contractual changes are agreed, if the proposed changes affect 20 or more employees the employer is in line for claims running into tens or hundreds of thousands of…
Restrictive covenants are complex clauses, often criticised but never curtailed, and the source of many court cases. So let's explore the history of these clauses and how employers can utilise them effectively. It has long been the principle of English law that: “All interference with individual liberty of action in trading, and all restraints of trade of themselves, if there is nothing more, are contrary to public policy, and therefore void.” Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] The origin of that…
Whatever the truth behind Blue Monday it's inevitable that the dark nights, poor weather and post-Xmas lull can leave employees feeling blue. Our recent survey conducted in Jan 2017 found two-thirds of employees are currently fed up at work, and 46% likely to look for a new job within the next three months. A third put their low-morale down to stress, but whatever the reason spirits need lifting your people need a boost, so here are our top 10 tips to help you help your…
With forecasters predicting up to four months of stormy weather ahead, Britain could be facing the worst winter in 100 years. Managing your team during a period of disruption can be a challenge, so here's a quick checklist to make sure you've given yourself the best chance of success. With experts EXACTA WEATHER warning Brits to expect a very “exciting” December – even hinting at a potential White Christmas – businesses should be aware of the knock-on effect to operations within their own organisation. So,…
A recent employment tribunal seeing Network Rail pay out £23,000 has highlighted the potential issues employers could face with a Shared Parental Leave and pay policy. See what Shared Parental Leave means, why it’s important employers ensure their policies are non-discriminatory, and the potential consequences of unequal parental pay. The 10 November 2016 was Equal Pay Day in the UK, marking the day women in the UK effectively stop getting paid and work for free for the rest of the year due to the 13.9%…
11% of ALL prison sentences for H&S offences (since guidelines were first introduced in the Health and Safety at Work Act in 1974) have been handed out in the last eight months to October 2016. In a trend we predicted in our Sentencing Guidelines update webinar earlier in the year (hat tip), recent reports show 23 people received prison time or suspended sentences for H&S breaches in the last eight months – compared with 166 in the last 42 years (less than five a year).…
The diversity of the 31m members of the British workforce means people of different nationalities, languages and cultures are working side-by-side every day. And with a significant number (8 per cent) not having English as their first language, employers often experience challenges in the workplace around the languages employees speak and need to be careful they do not discriminate (intentionally or otherwise) against their employees. Compensation for successful discrimination claims at an Employment Tribunal is ‘uncapped’, meaning the potential ramifications for a business on the…
With Merlin, the owners of Alton Towers, fined £5 million following the Smiler accident in June 2015, the fact that two directors at another business received suspended prison sentences for H&S breaches in the same week may have gone unnoticed. And so might the prosecution of the scrapyard featured in a BBC documentary series. In fact, a read of HSE press releases for September lists at least 18 cases where Companies and/or Directors were heavily punished as a result of serious injuries or fatalities resulting…
Effective absence management is a year-round consideration for employers, but it can be a particular problem during periods of miserable weather. While it's never fun to think of winter during the height of summer, sensible employers know they need to plan ahead for the darker seasons. Yes winter is coming, and it could be even colder and snowier than usual. Advanced weather models are predicting months of heavy snowfall, with conditions expected to mirror those of winter 2009/10 – the so-called “the Big Freeze”, when…
Research by the Equality and Human Rights Commission to be published September 2016 has found that employees with poor mental health earn up to 42% less than their colleagues. Put another way, for every one pound earned by a male worker without a mental health condition, a colleague who suffers phobias or panic attacks earns 58 pence. The findings have prompted claims of discrimination in the workplace against people with mental health problems, with the commission calling them a “hidden disgrace” and the Men’s Health…
