Category Archives: Employers

Climate change protests: How should employers respond to employees on strike?

The so-called ‘climate strike generation’, led by teenage activist Greta Thunberg, are urging everyone to join in with their protests about climate change. The school climate strikes she has inspired, saw 1.4 million young people walk out of lessons in March this year, while in September this year, a record 7.6 million people took to […]

5 Reasons why problems arise with staff

Essential information to prevent issues arising in the workplace. In the 15 years or so that I have been advising employers and employees about issues that have arisen at work I can normally work out when problems started to occur and in turn the core reason for the issue. I have therefore prepared a list […]

With the clocks going back could it mean employees work an extra hour?

Working Time: What you need to know when the clocks change The clocks are due to go back an hour on Sunday October 27th, meaning an extra hour in bed for lots of us. But what does this mean for staff working a night shift? Could this mean an extra hour of work, sometimes without […]

New Acas Guidance on Menopause and the Workplace

To coincide with World Menopause Day on 18 October 2019,  Acas published new guidance for employers and managers to help support staff affected by symptoms of menopause at work. Acas reports that over 2 million women over 50 experience difficulties at work due to menopausal symptoms and that 1 in 20 women are estimated to […]

Should You Let Employees Watch the Rugby World Cup?

As another major sporting event takes place, what are the things you should be considering as an employer? The men’s Rugby World Cup kicked off on the 20th September 2019 in Japan and marks the start of a mammoth competition where for once, the home nations are among the favourites. This is one of the […]

Enforcement action when a business fails to comply with a Subject Access Request

GDPR & Data Protection Rights In the latest episode of the podcast I covered the basics of what an employer needs to consider when dealing with Subject Access Request from employees under Data Protection legislation. Coincidentally in the latest newsletter update from the Information Commissioners Office (ico) details have been provided of a recent enforcement […]

Can you discriminate when making jokes about someone being bald?

Baldness and Discrimination Gary Lineker has recently drawn official complaints to the BBC and suffered a huge backlash on social media over a remark he made at the start of a recent episode of Match of the Day. The joke, if it can be called such, was at the expense of his Match of the […]

Should holiday pay include a payment for voluntary overtime?

Another case about holiday pay! This case decided by the Court of Appeal is one of a long line about holiday pay and how it is calculated. We have reported on many of the past cases and within this case the Court of Appeal give a clear decision taking into consideration the cases which come […]

Making it tricky for employees to “pull a sickie”

Managing Sickness Absence Picture the scene.  It’s Friday and it’s the middle of August.  You get into work bright and early.  There’s a busy day ahead but you know all your staff are going to be in and that together you will get the job done.  Then you get the call:  “I’m sorry boss, I […]

Holiday Entitlement for term time workers

Should you pro-rata holiday entitlement and pay for those workers who only work part of the year? In a recent case decided by the Court of Appeal the issue of term time workers and their entitlement to holiday was scrutinised. The outcome should simplify things for employers who have term time or part year workers. […]

Is it misconduct for an employee to make a covert recording of a meeting?

Can you treat it as gross misconduct? It has increasingly become a common tactic for employees who may be experiencing issues at work to covertly record meetings with their employer.  The reasons for doing so range from the innocuous – for example, a fear of saying something that may be misrepresented – to the insidious; […]

How to be the best employer: Tip 9

be the best employer

PR and Marketing In order to attract the best staff and ensure that you are seen as one of the best employers in your industry or area you need to ensure that you shout about your successes, what are you good at and why you are the best in your industry. In much the same […]

What is an ‘Interest in’? Victory for employers as Supreme Court rules in landmark competition case

Post-termination Restrictions The Supreme Court has upheld a non-compete restriction in the first employment competition case to have reached the highest court in over a century. In a historic decision, five Supreme Court justices unanimously concluded that an injunction should be restored, setting aside an order by the Court of Appeal. Background The case is […]

How to be the best employer: Tip 8

be the best employer

Take action No-one wants to work for a business that says it will do something and then doesn’t. This is not just about employee relations and issues that affect the staff, but about business progression. We have all heard stories about businesses that entice great candidates to work for them with the promise of great […]

How to be the best employer: Tip 5

be the best employer

Communication Communication, or the lack of it, is the number 1 cause of disputes between employers and employees. When advising clients about situations that have reached the Employment Tribunal stage I can, in 9 out of 10 cases, identify when things first started to go wrong, and that it could have been resolved if communication […]

Does an employer have to keep a record of the hours that an employee works?

Working time

Working Time and Hours The answer is, yes, according to a case that went before the European Court of Justice.   Due to the direct effect of EU law, the ruling will have implications for UK employers and may require the amendment of the Working Time Regulations 1998, depending on how long we remain in the […]

When can an employer take ‘positive action’ in discrimination?

‘positive action’ in discrimination

The Employment Tribunal recently reached a decision about Positive Action in the case of Mr M Furlong v The Chief Constable of Cheshire Police [2018]. This case is about a relatively little used, but an often controversial, legal right employers can adopt to take positive steps to redress under representation in their workplaces. The Law […]

How to be the best employer: Tip 4

be the best employer

Hold regular appraisals, one to one’s and pay attention to staff development I can guarantee that an employee who is in dispute with their employer will say, “I didn’t even have an appraisal”. Although it is not a legal requirement, it is certainly a factor in employee’s minds when considering what constitutes a good quality […]

How to be the best employer: Tip 3

be the best employer

Ensure that all employees have contracts and that you have procedures in place Obviously, I am going to mention the legal element of your relationship with your staff, but aside from the legal requirement, giving your staff a contract makes them feel more stable and settled in their employment relationship with you. There is a […]

A key case giving guidance on suspending staff during an investigation

Suspension of teacher was not a repudiatory breach In the recent case of Mayor and Burgesses of the London Borough of Lambeth v Agoreyo, the Court of Appeal has held that a school had reasonable and proper cause for suspending a teacher in order to investigate allegations that she had used unreasonable force against two […]

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