Long hours complaint was whistleblowing

Long hours complaint was whistleblowing

Ms Saha worked in the accounts department for Capita. It was December when she wrote to her senior manager explaining that she was not prepared to work extended hours in January to accommodate year-end work. She explained it was it was "detrimental to my health" and...

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Personal data – third of HR failing

Personal data – third of HR failing

Six months on from the GDPR, there are discrepancies between what employers should be doing to comply with data protection laws – and what they are doing in practice. CIPHR found in their survey of HR professionals that a third of HR teams admit to breaching...

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Employees admit to under performance

Employees admit to under performance

The number of UK employees who feel their performance at work is poor is higher than the European average. 27% UK workers say they are not performing their best at work, according to Deloitte's first Voice of the workforce in Europe report. The European average of...

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What is your dress code at work?

What is your dress code at work?

A new survey by XpertHR has found more than 90% of employers operate some form of dress code or appearance policy. Dress codes can vary widely according to job role. “Smart” dress codes most commonly cover customer-facing employees and senior managers, while...

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Working at Christmas

Working at Christmas

Have you been given the Christmas shift? Do you have to work it? Here is some Christmas working advice... Nearly 2 million people work on Boxing Day, with 1 in 6 in the accommodation or  food services sector, according to UK-wide figures from the Office for National...

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Increases to the National Minimum Wage

Increases to the National Minimum Wage

Further to the budget announcements at the end of October 2018, the changes to rates of the  National Minimum Wage (NMW) have been confirmed for April 2019. These are in line with the recommendations that were made by the Low Pay Commission. They are as follows:...

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Positive drug tests – should you dismiss?

Positive drug tests – should you dismiss?

For obvious reasons there is a sharp increase in employees failing alcohol and drug tests during the festive period. Employers have a duty of care under the Health and Safety at Work etc Act 1974 to provide,  a safe place of work and safe systems of work for their...

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Is a tendency to steal caused by PTSD a disability?

Is a tendency to steal caused by PTSD a disability?

In the case of Wood v Durham County Council, the Employment Appeal Tribunal had to decide whether the dismissal of an employee for shoplifting, which was caused by PTSD a disability and unfair. One day Mr Wood went to a branch of Boots and left without paying for four...

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Increase in Statutory Sick Pay

Increase in Statutory Sick Pay

The Government has published the statutory rates for sick pay from April 2019. From 6 April 2019 the new rate will be: Current rate From 6 April 2019 Statutory Sick Pay £92.05 £94.25 The lower earnings limit will also rise from £116.00 per week to...

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Family-friendly payments set to increase

Family-friendly payments set to increase

The Department for Work and Pensions has confirmed its proposed rates for family-friendly leave: statutory maternity, paternity, adoption and shared parental payments from April 2019. The rates for 2019/20 will increase from £145.18 to £148.68 per week. The average...

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1 in 5 cancer sufferers discriminated against at work

1 in 5 cancer sufferers discriminated against at work

Macmillan Cancer has recorded a spike in the number of calls from cancer patients regarding work-related problems. The Telegraph reports that the figures have risen by 74% to 1,711 in the year to May 2018. Under the 2010 Equality Act, individuals are considered to...

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Workers denied basic toilet facilities

Workers denied basic toilet facilities

Thousands of people do not have access to basic toilet facilities in their workplace says the union, Unite. The UK’s biggest union reported evidence of staff at branches of high-street banks being required to use buckets, and construction sites failing to provide any...

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Childcare forcing women to work closer to home

Childcare forcing women to work closer to home

The unequal share of childcare responsibilities results in many women being forced to work closer to the home, new data has revealed. Women in every region of the UK outside London are more likely than men to live within a 15-minute commute of their place of work,...

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Morrisons – vicarious liability for ‘rogue employee’

Morrisons – vicarious liability for ‘rogue employee’

Is an employer responsible for the actions of an employee who has ‘gone rogue’ and deliberately posted sensitive employee data online? Yes, said the Court of Appeal in a recent case against the supermarket, Morrisons. Mr Skelton was an internal auditor at Morrisons....

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Pilot with a fear of flying unfairly dismissed

Pilot with a fear of flying unfairly dismissed

Most travellers would not want to get on a plane piloted by someone who also has a fear of flying. This was the approach FlyBe took when once of its pilots developed panic attacks linked to flying. Facts Mr Guest had worked for FlyBe as an able pilot with a good...

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Personal liability for whistleblowing dismissal

Personal liability for whistleblowing dismissal

The Employment Rights Act 1996 protects workers who have been dismissed or victimised because they made a protected disclosure - also known as whistleblowing.  Employees can claim unfair dismissal against their employer if they are dismissed, and for detriment if the...

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People think unequal pay isn’t illegal

People think unequal pay isn’t illegal

One third of employees do not know it is illegal to pay men and women differently for equal work, the Fawcett Society has found. Launched ahead of Saturday’s Equal Pay Day – the day where women effectively stop earning relative to men and work for free until the end...

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Enforcing the National Minimum Wage

Enforcing the National Minimum Wage

Who is liable for enforcement of the National Minimum Wage after a TUPE transfer? HMRC has confirmed liability for historic national minimum wage underpayments or related penalties are to be enforced against the new employer - irrespective of whether the new employer...

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Annual leave – all is not lost

Annual leave – all is not lost

The law on annual leave used to be that if a worker doesn’t take their statutory entitlement by the end of the year, there is no automatic right for them to carry it over into the next holiday year and they lose it. There are some exceptions such as when the worker is...

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“Fat ginger pikey”: harassment or banter?

“Fat ginger pikey”: harassment or banter?

Is calling a colleague a “fat ginger pikey” harassment or banter? In the recent case of Evans v Xactly Corporation Limited the Employment Tribunal was asked to consider a claim of unfair dismissal on the grounds of disability and race discrimination under the Equality...

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Stress at work on the increase

Stress at work on the increase

Stress can be both the cause and symptom of problems at work. If not dealt with properly, it can lead to claims both in the Employment Tribunal and the County Court. How big is the problem? The latest figures from the HSE show that 15.4 million working days were lost...

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Living wage to be increased

Living wage to be increased

The living wage, which is designed to give workers enough money to live on, is to be increased. Those lucky enough to work for an employer who has voluntarily signed up to the "real living wage" are set for a 2.8% pay rise this week. For the first time they will...

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Lunch breaks are getting shorter

Lunch breaks are getting shorter

The average length of a lunch break from work is just 22 minutes – two thirds of what it was six years ago. The survey of more than 800 workers by health body ukactive and Sodexo, found most wanted to exercise more, but three quarters said their workload got in the...

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Why you shouldn’t hug your colleagues

Why you shouldn’t hug your colleagues

A simple handshake appears to be a thing of the past according to author and creator of the column ‘Ask a Manager’, Alison Green A hug was once reserved for close family and friends, but she says it has infiltrated the workplace - leaving huggers delighted and the...

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When is a resignation not a resignation?

When is a resignation not a resignation?

It is not always easy to be absolutely certain when a member of your staff has resigned. This was the case in East Kent Hospitals University NHS Foundation Trust v Levy.  To be effective, the ‘resignation’ needs to be unambiguous. The Employment Appeal Tribunal (EAT)...

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Hearing loss at work

Hearing loss at work

People with impaired hearing continue to face obstacles and discrimination when applying for jobs and at work despite the protection given to them in Equality Act, according to charity Action On Hearing Loss. An astounding five million people of working age in the UK...

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When can an employer withhold wages?

When can an employer withhold wages?

Can an employer withhold wages? A mother has accused her former employer of ruining her young son’s birthday plans after they withheld her wages. Ms Powdrell was employed as a carer by Life Long Care Services. She alleged her employer failed to pay her for her first...

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Employers say babies are bad for business

Employers say babies are bad for business

Today (26 September) is statistically the most popular day of the year to give birth…but Young Women’s Trust, a charity supporting young women on low pay, has found getting pregnant still holds women back with one in five employers. The charity commissioned YouGov to...

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Why employers should always check a reference

Why employers should always check a reference

Most employers will ask a job candidate for a reference to confirm the details of past employment. What happens next? Sometimes nothing HR won’t do anything with the information and merely keep it on the employee’s file, others will send a standard questionnaire to...

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New ACAS guidance job references

New ACAS guidance job references

Almost every employer will ask applicants to provide details for at least one reference. It is an important tool to establish whether a candidate is suitable for the role they are applying for.  However, ACAS frequently receive questions from concerned employers and...

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Are employers ready for an ageing workforce?

Are employers ready for an ageing workforce?

Almost a quarter the UK will be over the age of 60 by the year 2024 and with reports suggesting that around ten million over-50s were working last year, two recent reports highlight some of the difficulties currently facing an ageing workplace. The report published by...

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Unappreciated at work?

Unappreciated at work?

New findings have revealed what many unappreciated people have suspected for years: bosses literally have no idea what staff are up to all day. A poll of 2,000 workers by Perkbox discovered almost one in three feel their managers are completely oblivious when it comes...

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Technology and the call for a four-day working week

Technology and the call for a four-day working week

At its annual conference, the Trades Union Congress called for the implementation of a four-day working week. New technology - artificial intelligence, automation and robotics is leading to smarter working practices. The efficiencies and savings which result should be...

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Bereavement leave – a right to paid time off from work

Bereavement leave – a right to paid time off from work

The Parental Bereavement (Leave and Pay) Act 2018 was given Royal Assent on 13 September. It means that from 2020, bereaved parents will be entitled to two weeks’ paid leave. The new law will give parents who suffer the loss of a child aged under 18 or have a...

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Beware the unsigned employment contract

Beware the unsigned employment contract

Most employers will know all staff need to have a written employment contract. However, what if the employee hasn’t signed it? That is exactly the problem Tenon FM limited faced in their High Court case against Ms Cawley. Ms Cawley worked for Tenon FM for 10 years...

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Have you overpaid a worker?

Have you overpaid a worker?

Payroll errors aren’t uncommon – but don’t usually result in a worker being overpaid by 100 times what they were meant to. The BBC reported this month how one Australian governmental employee was meant to receive £2,803.79, but instead found £280,250 in their bank...

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Why your office air-con is sexist

Why your office air-con is sexist

It may be warm outside but in offices up and down the country, women are frozen stiff...while men enjoy the air-con. Look around any open plan office and you will see women working with jumpers wrapped round their legs or wearing coats to keep warm. That’s without...

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When should you postpone a disciplinary hearing?

When should you postpone a disciplinary hearing?

Does an  employer’s refusal to postpone a disciplinary hearing  due to the unavailability of the employee’s trade union representative make the dismissal unfair? Yes, in the case of Talon Engineering Limited v Smith, UKEAT/0236/17 The facts Mrs Smith, was employed by...

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Passive-aggressive work emails

Passive-aggressive work emails

The etiquette surrounding email communication is entrenched in nuance. A poll by Adobe has uncovered the most annoying phrases to receive in a work email. It is full of passive-aggressive neediness and hostility, but what do the phrases really mean? Here are the most...

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Who lies most on their CV?

Who lies most on their CV?

Men are more likely to lie on their CVs than women a study by Job Today reveals. The results show 42% of men and 38% of women jobseekers have admitted to making up parts of their job history and qualifications. The study of 2,000 office workers found that a fear of...

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Should you ask job applicants what they earn?

Should you ask job applicants what they earn?

The practice of asking job applicants what they currently earn is partly to blame for trapping women on low pay, The Young Women's Trust charity has said. According to the charity, the “salary question” means women who are underpaid in their current job are more...

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9 to 5 – a thing of the past?

9 to 5 – a thing of the past?

Traditional workplace hours of 9 to 5 are no longer the norm. According to a YouGov survey, only 6% of employees are working the traditional hours of 9 to 5, and only a small percentage of those entering new employment would opt for those working hours. The results...

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Why has my hearing been delayed?

Why has my hearing been delayed?

Why has my tribunal hearing been delayed? Thousands of employment tribunal hearings are being pushed back at short notice, new figures have revealed. Data obtained by People Management under a Freedom of Information request shows 3,365 hearings were postponed within...

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Liability for contractors

Liability for contractors

Can an employer be liable for the actions of an independent contractor? It has been long established law that an employer can be liable for wrongs committed by one of their employees. But what if it is an independent contractor, working for the employer who does...

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What are your beliefs at work?

What are your beliefs at work?

The Equality Act 2010 protects a wide range of individuals within the field of employment and training against discrimination on the grounds of their religion or philosophical beliefs. What do you know about Pastafarianism? Read on… The Law does not give special...

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Dealing with a drinking problem at work

Dealing with a drinking problem at work

What should you do if you suspect an employee has a drinking problem? Some may think it isn’t their problem – what goes on outside work is nothing to do with them and fail to acknowledge the duty of care they owe to their workers to provide a safe place and system of...

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Underpaying the National Minimum Wage

Underpaying the National Minimum Wage

Every few months, the government names and shames the latest batch of employers who have underpaid the National Minimum Wage (NMW).  In early July, 239 employers were named and a record 22,400 UK workers are to receive a total of £1.44m in backpay, with the employers...

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Why are fewer workers calling in sick?

Why are fewer workers calling in sick?

The number of days taken off in sick leave in the UK is at a record low – but it could be a sign of something bad rather than being a positive. The latest figures for 2017 show that the average number of sick days that UK workers take has almost halved since 1993,...

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Do you give a right of appeal even if futile?

Do you give a right of appeal even if futile?

Is it fair to refuse to give a right of appeal against dismissal if the employer believes the appeal is futile? Almost certainly not. Mr Afzal was employed as a pizza delivery driver and had time-limited leave to work in the UK – but failed to send any evidence of his...

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Do you always owe employees a duty of care?

Do you always owe employees a duty of care?

Does an employer owe a duty of care to one of their workers who is being sued? Not in a recent case four police officers brought against the Met's Commissioner. It is common in discrimination cases for claimants to bring a claim against not only their employer but...

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One in 12 not getting time off work

One in 12 not getting time off work

One worker in 12 is not getting the time off work they should be - according to analysis from the Trades Union Congress 1.2 million workers are receiving no annual leave at all, the organisation said. A further million workers are getting less than the legal minimum...

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Interference with an employee’s internet account

Interference with an employee’s internet account

It isn’t uncommon to discover a disgruntled ex-worker was responsible for interference with their former employer’s IT system or social media accounts. Businesses take action and courts take a dim view of it and can award damages. However, it is not always the...

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Extra leave for victims of domestic violence

Extra leave for victims of domestic violence

New Zealand has passed world-first legislation granting victims of domestic violence 10 days paid leave to allow them to leave their partners, find new homes and protect themselves and their children. The new legislation will come into effect in April next year and...

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Bosses still rejecting women in case they become pregnant

Bosses still rejecting women in case they become pregnant

New research has revealed that nearly one in three UK bosses admit they have or would reject women job applicant because they suspect they “might start a family soon”. Even more shockingly, 15 per cent of bosses admitted that they had broken sex and pregnancy...

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When an appeal against dismissal is successful

When an appeal against dismissal is successful

When is someone dismissed not dismissed? In the case of Mr Patel v Folkestone Nursing Home Ltd [2018] , it was when his internal appeal was upheld and he was reinstated. However, what if like Mr Patel you don’t want to return? Are they still dismissed? Background Mr...

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Philosophical beliefs at work

Philosophical beliefs at work

As employment lawyers, we come across allegations of discrimination every day. Occasionally, the alleged discrimination is on the grounds of the employee’s belief. These can be someone’s religion or philosophy. Occasionally, what someone believes in is surprising. Can...

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Sleep-in shifts and the National Minimum Wage

Sleep-in shifts and the National Minimum Wage

In a case of huge significance – especially for the care sector, the Court of Appeal has decided that workers carrying out “sleep-in” shifts are not entitled to the National Minimum Wage (“NMW”) for the whole shift, but only when they are required to be awake and...

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Breastfeeding mothers returning work

Breastfeeding mothers returning work

Do employers have a duty to carry out an individual risk assessment for all breastfeeding mothers returning to work? Yes – according to the Court of Justice of the European Union (CJEU) in Otero Ramos v Servicio Galego de Saude. However, the ruling is contrary to UK...

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Holiday Pay – Voluntary Overtime

Holiday Pay – Voluntary Overtime

Most employers are aware by now that compulsory overtime should be taken into account when calculating holiday pay. But what about voluntary overtime? The Employment Appeal Tribunal (EAT) has decided that in some circumstances, voluntary overtime should be taken into...

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Prayer rooms at work

Prayer rooms at work

Some of your employees may pray, but do employers need to provide them with a suitable prayer room at work? The simple answer is no - employers are under no statutory obligation to provide employees with a prayer room. However, if you do have a quiet room available...

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Why 2 years = 1 year 51 weeks

Why 2 years = 1 year 51 weeks

You need 2 years’ service to bring a claim of unfair dismissal, right? Actually no. Putting aside the automatically unfair reasons for dismissing someone – for discriminatory reasons, health and safety, Working Time Regulations, asserting statutory rights etc (there...

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Gender Pay Gap Reporting Errors

Gender Pay Gap Reporting Errors

As many as one in six organisations have reported their gender pay gap incorrectly, according to independent data analysis. The gender pay gap is the difference in the average hourly wage of all men and women across a workforce. If women do more of the less well paid...

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Zero hours contracts and pay when suspended

Zero hours contracts and pay when suspended

Does an employer have to pay a suspended employee on a zero hours contract? You would think not but in the case of Obi v Rice Shack Ltd, the Employment Appeal Tribunal ('EAT') ruled that this employer was, during a disciplinary suspension, obliged to pay the employee...

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Union membership levels rise

Union membership levels rise

Government trade union membership figures for 2017 report a slight increase in membership (by an extra 19,000). However, given the increase in UK employees more broadly, the proportion of members has dropped from 23.5% to 23.2% (the lowest rate of membership since...

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Safeguarding issues at work

Safeguarding issues at work

We have noticed a rise in employment cases where an employee is reported to the Disclosure and Barring Service (DBS) on a safeguarding issue. This could be as a result of an incident at a care home or in a school or  nursery. These cases normally involve allegations...

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Sacked by a machine

Sacked by a machine

The story of Mr Diallo being sacked by machine began when his entry pass to the Los Angeles skyscraper where his office was based failed to work, forcing him to rely on the security guard to allow him entry. It wasn’t the first time his key card failed and had assumed...

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When employees leave without notice

When employees leave without notice

Apparently, Love Island is a ‘big thing’ on ITV2. You may have noticed. We haven't paid it too much attention to be honest...until employment law came up. Now we are big fans. What would you do if you got a call to be on a TV  ‘big thing’ but you already had a job? A...

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Leaving for an early lunch? What could possibly go wrong?

Leaving for an early lunch? What could possibly go wrong?

Japanese officials have apologised in a televised news conference after it emerged a civil servant occasionally took his lunch break three minutes early. The unnamed 64-year-old, who worked at the  waterworks bureau in Kobe, was docked half a day’s pay over the...

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Who can advise on a settlement agreement?

Who can advise on a settlement agreement?

A settlement agreement is a legally binding contract. The purpose is primarily to protect the employer from claims by the employee, and in return for the waiving their rights to bring claims, the employer pays an agreed sum in compensation to the employee. The...

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Off the record conversations

Off the record conversations

“This conversation is off the record” is something which is said more often than it should…and rarely results in what is said being kept off the record. There are ways to ways to have discussions free from the risk of what is said being used as evidence in a Tribunal...

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Can the menopause be a disability?

Can the menopause be a disability?

Can the menopause be a disability? The symptoms of it can be – in certain circumstances. Ms Davies worked for the Scottish Courts and Tribunal Service and had been suffering from extensive medical problems related to the menopause. She was prescribed medication which...

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Keep in Touch Days – maternity leave

Keep in Touch Days – maternity leave

When an employee is on maternity leave, they are away from the workplace for an extended period of time. Keeping in touch can be helpful to both mum and the employer. The law allows employers to keep in contact with staff during maternity leave. You will want to...

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Misconduct and disabilities

Misconduct and disabilities

An employer will not be liable for disability discrimination unless it knew about the employee’s disability (or should have known about it). But what if an employer disciplines someone for misconduct that they don’t know is connected to a disability? This is what...

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Perceived disability discrimination

Perceived disability discrimination

In Chief Constable of Norfolk v Coffey 2017 the Employment Appeal Tribunal (EAT) had to consider whether it would be direct disability discrimination if a non-disabled job applicant was rejected because the employer perceived a condition could become a disability in...

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Dealing with theft at work

Dealing with theft at work

What should employers do if they suspect  theft at work? 1 Establish the facts You must not jump to conclusions about someone’s  guilt – however strong your suspicions are. Carry out a reasonable investigation. What is reasonable will depend upon the nature of the...

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Half of fathers are unaware of Shared Parental Leave

Half of fathers are unaware of Shared Parental Leave

Research finds half of fathers are unaware of Shared Parental Leave - but the government says more research is needed before higher funding can be given. Campaigners and charities have criticised the government’s response to the Women and Equalities Select Committee’s...

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Dress Code Guidance for Employers

Dress Code Guidance for Employers

In the months that followed the Presidents’ Club scandal and  high heels to work campaign, the Government Equalities Office has published new guidance on workplace dress code. The guidance recognises that a workplace dress code can be a legitimate part of an...

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Working on a bank holiday

Working on a bank holiday

Working this Bank Holiday weekend? Know your rights. If you have been asked to work this May Bank Holiday, you could be entitled to a day off in lieu from your employer - but it isn’t guaranteed and depends on how your annual leave is worded in your contract. Do I...

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Disability pay gap highest since 2013

Disability pay gap highest since 2013

Disabled workers earn an average £1.50 less per hour than those without a disability, according to the TUC’s Disability employment and pay gaps 2018 report – the biggest gap in pay since the Government began publishing comparable data in 2013. The report revealed that...

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Acas conciliators strike

Acas conciliators strike

Members of the Public and Commercial Services union (PCS) working as Acas conciliators took part in a one-day strike last Friday, after raising concerns about the downgrading of conciliation work, mounting workloads and lack of suitable resources PCS members have been...

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Childhood convictions still impact on employment prospects

Childhood convictions still impact on employment prospects

Nearly half a million childhood convictions from more than 30 years ago have been disclosed on criminal record checks in the past five years, according to data uncovered by the charity Unlock. A further half a million criminal records relating to convictions more than...

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Bad employers face increased penalties and prosecution

Bad employers face increased penalties and prosecution

Employers who exploit staff could face higher financial penalties and increased risk of prosecution under recommendations by a government-backed body, Labour Market Enforcement (LME). In his first annual full strategy report, Sir David Metcalf proposed making well...

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Taking notice of notice

Taking notice of notice

The Supreme Court has handed down its judgment in a case where the employee did not immediately read the letter of dismissal.  What is the case about? Every employer will, at some point need to end someone’s employment – perhaps following a disciplinary or capability...

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When employers can give bad references

When employers can give bad references

We are often told by employees – usually ones who have been dismissed for misconduct or poor performance “my employer can’t give me a bad reference”. They can. And they do. Employers do have a duty of care to employees when writing a reference. They must exercise...

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More staff reporting for work when ill

More staff reporting for work when ill

Employers are seeing more staff turning up to work while ill, according to a report from the Chartered Institute of Personnel and Development (CIPD). It surveyed more than 1,000 employers this year and found that 86% had seen employees attending work while ill. The...

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Drug Testing at Work

Drug Testing at Work

Why employers should be cautious of drug testing at work. According to a Home Office report, 8.4 percent of adults had taken an illicit drug in the last 12 months. So, should employers be actively testing their staff for drugs? What are the rules? Legal obligations...

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Recording disciplinary hearings

Recording disciplinary hearings

Employees doing things that they shouldn’t with mobile phones isn’t uncommon. This includes making a covert recording of a meeting without permission. Cases of the covert recording of a disciplinary hearing regularly come before Employment Tribunals. A disciplinary...

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Slow uptake on Tribunal fee refunds

Slow uptake on Tribunal fee refunds

Last summer, the Government announced how it was going to go about refunding the £17million in Tribunal fees taken from Claimants. How is it going? Not great according to the Lord Chancellor’s update to the House of Commons Justice Committee. Points of interest...

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Itemised payslips for all

Itemised payslips for all

One of the many changes to employment law that slipped out almost unnoticed on 6th April was the change to the Employment Rights Act 1996 which extended the right to all workers to be entitled to itemised payslips or statements. The statement must contain: The gross...

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Avoiding discrimination during interviews

Avoiding discrimination during interviews

Interviewing someone for a vacancy can be daunting. The interviewer can sometimes be as nervous as the candidate. What about discrimination? Your natural reaction is to ask the candidate lots of questions. And equally, if you find out something that doesn’t sit well...

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Tracking Company Vehicles

Tracking Company Vehicles

How should an employer track vehicles under GDPR? It’s tricky. They need to balance the right to privacy of their drivers against the legitimate rights of their business. Tracking technology enables employers to ensure vehicles are being driven efficiently and...

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Smokers banned from using lifts for 45 minutes

Smokers banned from using lifts for 45 minutes

Smokers smell* Well, according to a local government in central Japan they do. They have ordered smokers to complete a 45-minute “decontamination period” between stubbing out their last cigarette and using lifts in the city hall. Well, smelling and passive smoking...

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Lower Shared Parental Pay was not sex discrimination

Lower Shared Parental Pay was not sex discrimination

The Employment Appeal Tribunal ("EAT")  has decided that failure to pay a male employee enhanced shared parental pay where the employer pays enhanced maternity pay to women was not direct sex discrimination. In the case of Capita Customer Management Ltd v Ali, the...

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BIG change to taxation of termination payments

BIG change to taxation of termination payments

Sometimes, the dullest looking changes are the most significant. Mention “taxation of termination payments” and many people turn off. 6th  April 2018 saw a change that will affect most employers at one time or another – especially those dealing with settlement...

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Disability discrimination – definition of cancer

Disability discrimination – definition of cancer

Cancer is a ‘deemed' disability under the Equality Act 2010. This means that there is no need for a Claimant to demonstrate an impairment with a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities to be protected by...

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Male voice choir changes its name rather than admit women

Male voice choir changes its name rather than admit women

A Derbyshire Constabulary Male Voice Choir has been forced to change its name and disassociate itself from the force because it has refused to let women join. The choir has been singing and helping raise hundreds of thousands of pounds for charity since 1956. But the...

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Claim struck out for speaking to journalist

Claim struck out for speaking to journalist

In Chidzoy v BBC, the Employment Appeal Tribunal ("EAT") upheld an Employment Tribunal's decision to strike out a sex discrimination claim after the Claimant discussed elements of the case and her evidence with a journalist whilst under oath. The Claimant was employed...

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Long hours complaint was whistleblowing

Ms Saha worked in the accounts department for Capita. It was December when she wrote to her senior manager explaining that she was not prepared to work extended hours in January to accommodate year-end work. She explained it was it was "detrimental to my health" and...

Personal data – third of HR failing

Six months on from the GDPR, there are discrepancies between what employers should be doing to comply with data protection laws – and what they are doing in practice. CIPHR found in their survey of HR professionals that a third of HR teams admit to breaching...

Employees admit to under performance

The number of UK employees who feel their performance at work is poor is higher than the European average. 27% UK workers say they are not performing their best at work, according to Deloitte's first Voice of the workforce in Europe report. The European average of...

What is your dress code at work?

A new survey by XpertHR has found more than 90% of employers operate some form of dress code or appearance policy. Dress codes can vary widely according to job role. “Smart” dress codes most commonly cover customer-facing employees and senior managers, while...