Workers who think they have been discriminated against are usually entitled to resign and claim against their employers...but not in a recent case. Constructive dismissal claims are usually based upon a single, fundamental breach of contract by the employer or a continuous course of conduct where there is a ‘last straw’ that led to the Claimant’s resignation. An act of discrimination would usually be sufficient to constitute a breach of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal, although not…
Minor grievances should be dealt with informally wherever possible - it's always better to have an open and honest culture where employees can discuss issues with a manager to prevent them from escalating. It is always advisable to keep notes of discussions and investigations so there is an accurate record showing how and when an issue has been dealt with. If the informal approach does not resolve the issue, or the situation has gone too far, then the employee must put the grievance in writing…
Employers should proceed with caution when providing a reference for a former employee or else they may be liable to pay compensation. There is a duty of care on the part of the employer to ensure that all the information it provides in a reference is accurate. Even though a reference does not have to be comprehensive, employers must ensure that the information it contains is not misleading. How are former employees protected? There must be a consistency of approach in terms of whether or…
Are you breaking health and safety laws? Did you know that you could be charged if the Health and Safety Executive (HSE) has to intervene because of poor health and safety practices? The HSE will charge you for any time and effort spent on investigating, correcting problems and taking enforcement action. What is fee for intervention (FFI)? This ‘Fee for Intervention’ (FFI) is the cost of HSE’s inspectors work when carrying out investigations and complaints or if when visiting your premises they see a material…
Over 30 per cent of small and medium businesses (SMEs) are unprepared for auto enrolment, according to a new survey from Moorepay. The figures revealed that 30 per cent of the 2,500 SMEs surveyed are oblivious or unsure of their responsibilities for the new workplace pensions laws. Futher anaysis of the survey revealed that there were more 'unsure' companies who had either 5-49 or 4 or less employees - 50 per cent and 40 per cent respectively. The Pensions Regulator (TPR) has said that the most…
Early Conciliation is being introduced under the Enterprise and Regulatory Reform Act 2013. The Act contains a range of measures which will hopefully provide the right conditions to encourage long term growth and support business success. It address one of the fears that businesses have reported of having to defend an employment tribunal claim. These fears can sometimes impact on an employer’s decision to take on new staff and develop their business. Changes are therefore being made to allow the parties in a dispute greater…
Every day, millions of people travel to and from work by car or drive around all day in lorries or trucks for their jobs. For some, driving is the primary means of transport for journeys to and from work, also for some driving a motorised road vehicle is their job, for example truck drivers, bus drivers, ambulance, police, taxi etc. Modern vehicle design has progressed a long way over the years with better styling features, more fuel efficient and comfort however there is concern that…
An employer recently warned its foreign employees that if they did not speak English in the workplace they would be dismissed. On the face of it this may seem a relatively straight-forward issue and not at all unreasonable...but is it? There are many employers around the country that employ foreign workers which inevitably leads to a more diverse workforce. Given that language issues may arise in the workplace, if there is one common language that is only allowed to be spoken does this have any…
One of our Payroll Managers, Val Walker, has been recognised for outstanding achievement and has been listed in the acclaimed Payroll Top 50. Every year, Payroll World Magazine recognises the hard work of outstanding professionals that have made an impact on payroll over the last year. The list, which includes a wide range of well-known names from politicians to payroll managers, is an opportunity to celebrate a group of outstanding individuals as well as the payroll experience, legislation knowledge and entrepreneurship found in the payroll…
Payroll processing is taking longer than ever for some firms since the introduction of Real Time Information (RTI) last year, according to HMRC research. Out of the 446 employers surveyed by HMRC, 25% found that reporting their End of Year returns takes much longer now that they have to do it in real time. The report found that the majority of those surveyed, 79%, asked for help from either HMRC or their payroll provider – with 49% having trouble with technical issues. A further 28…
