Some of the most frequently visited FAQs on XpertHR during June concern the calculation of statutory payments - redundancy pay and SMP - where the employee in question has had a recent change in hours. Questions on the length of time that an ex-employee’s personnel record should be kept, and a change of heart on the employer’s part after a job applicant has accepted a position also feature.
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To coincide with the launch of its new online archive, The Times has published a list of 100 "cases that changed Britain", including some colourful employment decisions.
Continue reading "Employment cases from the archive" »
Fast growing business networking site LinkedIn, in common with other social networking sites, makes it very easy for a user to email everyone in their address book and ask them to become a contact.
But what happens when you build a network based on contacts accumulated as a result of your employment - and then go into competition with your former employer, possibly seeking to poach clients who are now part of your effortlessly extensive online network?
Continue reading "Who owns your LinkedIn contacts?" »
Throughout May, some of the most frequently visited XpertHR FAQs were those recently added to the site as a result of subscriber suggestions - questions on a rise in the limit of a week's pay coinciding with the notice period for a redundant employee, and the qualification requirements for trade union officials who accompany workers to disciplinary or grievance hearings. Others concerned employees returning to work when they're signed off sick by a doctor, and asking job candidates about their sickness record.
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Many of the questions featured in our 10 most frequently visited FAQs during April relate to legislative changes that came into force on 6 April, including the amendments to the Sex Discrimination Act 1975 in relation to harassment and rights during maternity leave, and the new Corporate Manslaughter and Corporate Homicide Act 2007. Meanwhile, the statutory retirement procedures are still a source of confusion, with subscribers viewing FAQs on the number of requests that can be made in connection to a proposed retirement date, and whether or not an employer can seek to retire an employee at a later date where it has previously granted a request for him or her to continue working indefinitely beyond retirement age.
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Throughout March, issues on which XpertHR subscribers were looking for answers included the use of words such as "senior" and "junior" in job titles, recouping training costs where an employee subsequently leaves the organisation, and the difference between wrongful dismissal and unfair dismissal.
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Many of the questions featured in our 10 most popular questions during February are new additions to the FAQ section of XpertHR – the majority published as the result of subscriber suggestions. So, if you have a question that you would like to see in the FAQ section of the site, don’t forget you can make use of the suggest a question button [subscription required]. Even if your suggestion isn’t suitable for publication as an FAQ, it might still provide useful ideas for guidance that could be published in other areas of the site, or prompt more detailed examination of a problematic subject.
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… the commonly used term ‘probationary period’ has no legal meaning?
Continue reading "Employment law fact no.3 – did you know that …" »
Several of the most frequently asked HR questions throughout November concern sickness absence and cover the issues of covert surveillance where there are suspicions about the genuineness of the sickness, decreasing pay to reflect a phased return to work, and payment during the notice period where sick pay has been exhausted. The subject of rewarding low sickness absence also features.
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A Court of Appeal ruling handed down on Friday is reported in the Times to be the first time that the courts have recognised a minister as being an employee of a church. Previously ministers have been regarded as holders of holy office, or servants of God, rather than employees with access to the full range of employment rights.
Continue reading "Ministers of religion may be employees, says Court of Appeal" »
The issue of pregnancy and maternity leave is high in our list of the top 10 most frequently asked HR questions during September – with fertility treatment, multiple births and regular time off sick during pregnancy all featuring. Don’t forget you can view a full range of common questions on this topic in the FAQ section of XpertHR.
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Unsurprisingly, several of the questions featured in our top 10 most popular questions during August are recent additions to the FAQ section of XpertHR. But with almost 1000 FAQs available, why not browse some of the older questions? And, if you can’t find the answer to your particular question, you can always use the Suggest a question button [subscription required]. Even if your suggestion isn’t suitable for publication as an FAQ, it might still provide useful ideas for guidance that could be commissioned for other areas of the site, or prompt more detailed examination of a problematic subject.
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Are you unclear about exactly which terms and conditions you inherit on a TUPE transfer? Or what sorts of things constitute “measures” for consultation purposes?
Perhaps you’re confused about whether there’s a requirement to give a day off in lieu of a bank holiday during maternity leave. Or unsure if you can still roll up your short-term workers’ holiday pay into their wages.
Continue reading "Your opportunity to ask the Xperts … at no charge!" »
Employment law is full of time limits and figures to remember. Remind yourself of some of them with our list of numerical employment law facts.
• One week – the statutory minimum notice to be given by an employee who has been employed for at least a month to terminate his or her contract. Remember, unlike the notice to be given by an employer to an employee, it does not rise with length of service.
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Make sure your organisation isn’t caught out by reliance on these employment law myths.
1. Employees with less than a year’s service can be dismissed without any necessity to follow the statutory dismissal and disciplinary procedure
Employers should think very carefully before taking a decision to dismiss an employee with less than a year’s service without following the statutory procedure. Not following the procedure will result in an automatically unfair dismissal and an increase in any compensation awarded – although, in general, an employee needs a year’s service to bring a claim. Employers should, however, note that a number of reasons for dismissal – including trade union membership or a reason connected to pregnancy – require no minimum service for an unfair dismissal claim. There is also the possibility that the employee might succeed in another claim, such as a discrimination claim, as a result of the dismissal. Either scenario would result in increased compensation.
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A Court of Appeal decision reported on XpertHR this week [subscription required] confirms that a gap in the law denies statutory sick pay to agency workers on fixed-term contracts of less than three months.
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Unsurprisingly, the XpertHR FAQs on the smoking ban in England have been the most frequently visited on the site this month – but what else have HR professionals been asking? Leaving aside smoking-ban related questions, we look at the top 10 most frequently asked HR questions during June.
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British workers tend to come relatively low down the international holiday entitlements league tables, even taking account of current plans to increase the statutory minimum from 20 to 28 days' paid leave.
But while counting down the days to this year's summer holiday, spare a thought for your American counterparts. US employers are notoriously stingy with the holidays; according to a recent survey by CareerBuilder.com, just 25% of Americans have four weeks' or more paid leave, while 30% get less than a fortnight. One in eight (12%) get no paid leave at all.
As if that's not bad enough, the Society for Human Resource Management (the US equivalent of the CIPD) reports that Americans are increasingly abandoning their two-week summer holiday for a series of extended weekend breaks (PDF format 412KB).
Continue reading "Life's a beach" »
Ed Bowyer, a solicitor at Lovells, looked at situations where the law requires collective consultation with employee representatives.
He provided some interesting figures on the incidence of tribunal claims relating to different areas of collective consultation. In 2005/06 there were 4,056 claims in respect of consultation on collective redundancies compared with 900 on TUPE consultation. By contrast, there has been just one claim under the Information and Consultation of Employees Regulations 2004 since 2005.
Continue reading "IRS employment law update - the afternoon" »
Philip Bartlett, Partner at Simmons and Simmons, fielded numerous delegate questions throughout his update on the statutory dispute resolution procedures - testimony to just how 'enormously difficult' they can be to deal with. His promise to write some practical guidance on some of the intricacies of the subject for www.xperthr.co.uk was therefore much appreciated.
Speaking on the Government's consultation document on the possible repeal of the procedures he reminded delegates that they now have a 'once in a decade' opportunity to influence employment law - although the DTI is indicating that employers will be stuck with the current system until at least April 2009.
Continue reading "IRS employment law update - the morning" »