FAQs providing information about the impact of the Government's announcement on the abolition of the default retirement age have been popular in the last month. In particular, employers have been looking at the expected timetable for the changes.
New questions on the Bribery Act 2010 and on using comments posted on employees' Facebook pages as evidence in disciplinary proceedings also feature in the list of top ten FAQs on XpertHR for August 2010.
Other popular FAQs deal with ending fixed-term contracts early, either for reasons of redundancy or poor performance.
Continue reading "Top 10 HR questions - August 2010" »
A tribunal in Northern Ireland has awarded £45,000 to a woman whose employer pretended that she was working part time while she was pregnant so that it didn't have to pay statutory maternity pay to her.
Continue reading "Pregnancy discrimination: £45,000 award after employer pretended employee didn't qualify for statutory maternity pay" »
A woman who works as a witch at the Wookey Hole tourist attraction in Somerset has been caught auditioning on the X Factor television programme on a day when she told her employer that she was ill, reports the the Daily Telegraph website.
Continue reading "Professional witch on "sick leave" caught by employer auditioning for X Factor" »
A group of factory workers who have to clock off and have deductions made from their pay every time they go to the toilet are taking their employer to an employment tribunal, according to the Daily Mail website.
Continue reading "Employees deducted pay for toilet breaks bring employment tribunal claim" »
A round-up of links to news items on recent employment tribunal rulings, including: a police officer who was forced out after blowing the whistle on a colleague; an investment banker who is seeking £13.5 million after successfully claiming sex discrimination; and an Israeli lecturer who claimed religious discrimination after she converted to Christianity.
Continue reading "Employment tribunal decisions making the headlines: 07.08.10 to 20.08.10" »
The coalition government's announcement that the default retirement age (DRA) is to be
scrapped from 1 October 2011 may have been met with groans from some employers, and cheers from others, but it has significant consequences no matter what camp you sit in.
The big HR consultancies and some employment law firms have been quick to point out the implications of the decision; for pension schemes, employee benefits and insurance, to name just three.
Reading the catchily titled
'Summary of submissions from stakeholders and interested individuals' document from its
earlier call for evidence that the Department for Business published alongside the DRA consultation, it's apparent there are plenty of implications to vex HR professionals in the coming months.
Continue reading "Default retirement age: the "unintended consequences"" »
A German court has found that a policeman is entitled to an extra week's annual leave or additional pay because the time it takes him to get dressed is not included in his working hours, reports the Daily Telegraph website.
Continue reading "Policeman gets extra week's holiday for time spent getting dressed" »
Employers’ procedures on annual leave have been put to the test over the last few months. First we had the European Court of Justice decisions of Stringer and Pereda, which dealt with the interplay between sickness and annual leave. Then the snow arrived. Again and again. With schools on the cusp of the summer holidays, HR professionals will once again need to get their heads round annual leave matters, as employees make competing and last-minute holiday requests.
Continue reading "Annual leave: are you still following good practice?" »
An employment tribunal judge had a lucky escape when an unsuccessful claimant threatened him with a meat cleaver, the the Daily Mail website has reported.
Continue reading "Employment tribunal claimant "lunged at judge with meat cleaver"" »
Most employers will be aware that a new right for employees to make a request in relation to study and training came into effect on 6 April 2010. However, there appears to be a common perception that the right is to request time off to undertake study or training. Indeed, the Business Link website refers to the right as "the right to request time to train". However, applications made under the statutory provisions are likely to extend beyond requests for time off for training.
Continue reading "Study or training requests by employees" »
A round-up of links to news items on recent employment tribunal rulings,
including: an unsuccessful claim by a teacher who hit a pupil; a tribunal victory for a pregnant officer in the armed forces; and the case of a hotel manager who worked 90-hour working weeks.
Continue reading "Employment tribunal decisions making the headlines: 29.05.10 to 11.06.10" »
New FAQs on the World Cup have been popular on XpertHR in the last month, as employers prepare for any HR-related issues that might arise when the tournament starts next week. The world cup FAQs cover issues such as attendance and potential disciplinary issues.
The top ten frequently asked questions on XpertHR in May also includes questions on fit notes, the calculation of redundancy pay and the retention of employees' personnel files.
Continue reading "Top 10 HR questions - May 2010" »
Scoring employees against redundancy selection criteria is tricky at the best of times, and as Personnel Today recently reported, even leading employment law firms can get into trouble. However, hidden behind the slightly misrepresentative reports that Eversheds was simply “afraid” of sacking an employee on maternity leave, the case highlights an important legal dilemma for employers: how far does the sex discrimination legislation allow employers to protect women who are pregnant or on maternity leave?
Continue reading "Redundancy: can employers favour women on maternity leave over men?" »
Employees’ religion or beliefs don’t usually have an impact in their workplace, and actual claims are rarer still. Race and sex discrimination (to take two examples) are much more prevalent in society than discrimination based on religion or belief, but cases involving the latter provoke strong opinions and naturally get more publicity. The Times recently reported on the Pagan Police Association (external website), whose members have now (apparently) been given the right to take time off to celebrate their various festivals.
Continue reading "Pagans, spiritualists and employment law, oh my!" »
April's most popular HR questions have been dominated by the new legislation introduced on 6 April, and by worries about employees not being able to get into work, presumably caused by the threatened rail strike at the beginning of the month as well as the disruption caused by the Icelandic volcanic ash.
So the top ten frequently asked questions for the month include questions on additional paternity leave, the right to make a request in relation to training, and fit notes, as well as questions on whether or not an employee who doesn't attend work due to travel disruption should be paid.
Continue reading "Top 10 HR questions - April 2010" »
The High Court has sentenced an ex-employee of an investment management firm to three months in prison (suspended for 18 months) after he admitted carrying out personal account trading in breach of Financial Services Authority (FSA) rules; forging a letter from his brokers; destroying evidence on his computer; and failing to comply with a search and seizure order.
Continue reading "Dismissed employee given jail sentence for contempt of court" »
As the dust (or should that be ash?) finally settles on the huge travel disruption caused by the
volcanic eruption in Iceland, it's good to see one of the UK's largest employers adopting a policy that puts the concerns of its workforce centre stage.
Asda is seemingly bucking the trend and
pledging to pay staff who were stranded abroad and unable to get back home - or to work - when flights were grounded because of the ash cloud.
Continue reading "Volcano disruption: Asda will pay stranded staff" »
Professional Game Match Officials (PGMOL), the body which appoints referees and match officials to league and premier league matches, has fallen foul of the law prohibiting age discrimination as reported by trade union Prospect.
Continue reading "Football referees given the red card win age discrimination claim" »
Workers at a Copenhagen Carlsberg warehouse returned to work yesterday after striking over their right to drink beer on the job.
Workers were previously allowed to drink the produce while working, but Carlsberg has changed its policy, limiting the warehouse staff to one bottle of free beer a day, to be consumed while on their lunch break. The Associated Press reports that the brewery's drivers are still entitled to their three bottles a day.
Continue reading "Carslberg strikers go back to work - on only one beer a day" »
Regulations introducing additional paternity leave and additional statutory paternity pay (both on the OPSI website) came into force on 6 April 2010. Qualifying parents will be able to transfer leave and pay from the mother to the father. Eligible fathers will be able to take between two and 26 weeks’ leave from when the baby is 20 weeks old. The new rights will apply in relation to babies due on or after 3 April 2011. The right to take additional paternity leave and pay will also apply in relation to children matched for adoption on or after 3 April 2011.
Continue reading "Guidance on additional paternity leave and pay" »
A district mayor in Tokyo has become the first local government leader in Japan to take paternity leave, reports the BBC website.
Continue reading "Japanese mayor makes headlines for taking paternity leave" »
What issues do line managers deal with on a daily basis? We’ve gathered data to come up with our 10 most popular line manager briefings since January 2009 (which might go some way to providing the answer).
Continue reading "Top 10 line manager briefings" »
The Ministry of Justice has introduced an employment tribunal “fast track” scheme that is designed to help employees recover tribunal awards from their employer where it has failed to pay up.
The scheme provides employees with access to an extended service from the High Court Enforcement Officers. An officer will complete the court process for the employee and undertake enforcement as swiftly as possible. The relatively low cost to the employee is a £50 court fee, which will be added to the amount that their employer owes.
The scheme will take effect from 6 April and has been created to overcome the high numbers of employers failing to pay tribunal compensation. Research by the Ministry of Justice found that 39% of employees who had been awarded compensation by tribunals had not been paid and just 53% had been paid the full amount.
Continue reading "Warning to employers ordered to pay compensation " »
New FAQs on appeals against disciplinary decisions are among the most popular employers' questions on XpertHR in March.
Other questions cover the accrual of annual leave where an employee is paid in lieu of notice; various disciplinary-related issues; and a topical Easter question dealing with potential religious discrimination issues arising from bank holidays that are linked to Christian festivals.
Continue reading "Top 10 HR questions - March 2010" »
You’ll probably be aware of the new right for employees to make requests in relation to study and training, which came into effect today, 6 April. However, what you may not realise is that the right covers a lot more than just requests for time off.
Continue reading "Requests in relation to study or training: more than just time off" »
A round up of links to news items on recent employment tribunal rulings, including: an unsuccessful age discrimination claim by a TV journalist; the first decision on trade union blacklisting; and an award for a chip shop worker who was dismissed for giving away chips.
Continue reading "Employment tribunal decisions making the headlines: 06.03.10 to 19.03.10" »
Whether you are an employer, employee or doctor, now is a good time to get familiar with the layout of the new fit note, which replaces the traditional sick note from 6 April 2010. A new entry on the statement of fitness for work [subscription required] in the XpertHR policies and documents section brings together the Government's sample version, official guidance for employers and doctors, and an overview of the law relating to the new fit note.
Continue reading "Sickness absence: get familiar with the new fit note" »
The recent court martial (on the Daily Telegraph website) of the commander of a British nuclear submarine who crashed his vessel into a large rock provides a useful reminder that there are occasions when a single mistake can justify dismissal.
Continue reading "Single mistake (like crashing a nuclear submarine) can justify dismissal" »
The Equality and Human Rights Commission (EHRC) has caused a bit of a stir with its draft Employment Statutory Code of Practice on the Equality Bill (external link), specifically in relation to discrimination on the ground of religion or belief.
Continue reading "Draft EHRC Code of Practice: Don't Panic!" »
With less than a month to go until the introduction of the right for employees to make a request in relation to study or training, time is running out to get your procedure in place and to communicate it to your workforce.
Continue reading "Right to make a request in relation to study or training: is your policy in place yet?" »
An interesting development this week as UK employers prepare for the introduction of new agency worker regulations next year.
Supermarket Asda has struck a deal with trade union Unite that will see
thousands of temps working for its suppliers receive the same pay and rights as permanent employees.Unite said 6,000 workers, who were mostly migrants, would win improved pay under the agreement, which covers 29 suppliers. Asda will now liaise with the suppliers, agencies that provide migrant workers and unions to raise the estimated £2.4m needed to ensure that temporary workers are on the same rates as their permanent colleagues.
Continue reading "Asda's innovative move on agency workers" »
It is sometimes necessary to suspend an employee while an investigation is carried out into a disciplinary matter; this might be the case where the employee is suspected of gross misconduct, or where colleagues may feel at risk if the employee remains at work during an investigation.
Suspension will not always be the most appropriate route and employers should always consider alternatives. If they do go ahead with the suspension, employers should take care to carry it out in a fair and reasonable way, which means keeping it under review and making sure it is not unnecessarily lengthy, and paying the employee in full (unless there is contractual provision for unpaid suspension).
Continue reading "Suspending an employee during a disciplinary investigation - new guidance on XpertHR " »
The government has introduced
new regulations to make it unlawful for trade union members to be denied employment through blacklists.
The move follows
public consultation (PDF) on the subject and evidence that a number of employers in the construction sector had been unlawfully vetting workers. Last year it emerged that
40 construction companies had subscribed to a database used to vet workers, which has now been closed under data protection law.
The regulations:
- make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist
- make it unlawful for employment agencies to refuse to provide a
service on the basis of an individual appearing on a blacklist; and
- enable individuals or unions to pursue compensation or solicit action
against those who compile, distribute or use blacklists.
Continue reading "New blacklisting laws come into force" »
A new FAQ on whether or not an employee has the right to appeal a redundancy decision, which was added to XpertHR at the beginning of the month, tops the list of February's most popular FAQs.
The top 10 also includes frequently asked employers' questions on other aspects of redundancy rights, the law relating to fixed-term contracts, and a number of other employment law issues.
Continue reading "Top 10 HR questions - February 2010" »
Gordon Brown has come under fire amidst bullying allegations by staff at No.10, Downing Street. According to Christine Pratt, CEO of the National Bullying Helpline, the charity has received several “confidential” enquiries from the PM’s staff. Somewhat controversially, Ms Pratt, who is quoted on the BBC website, has decided to go public with this information.
Continue reading ""Bullying at No.10", alleges anti-bullying charity" »
A round up of links to news items on recent employment tribunal rulings, including: compensation for a harassed female soldier; a decision on sickness during annual leave; and the resolution of a zero-hours contract dispute.
Continue reading "Employment tribunal decisions making the headlines: 06.02.10 to 19.02.10" »
Employees who are on adoption leave, or who are in the process of adopting a child, have specific rights in a redundancy situation, similar to those of employees who are on, or about to go on, maternity leave.
Employers dealing with these circumstances can select such an employee for redundancy, as long as it is a genuine, procedurally fair redundancy, and the decision to select the employee is not due to his or her adoption leave.
A new guide in the XpertHR "how to" section gives practical guidance to employers on dealing with employees on adoption leave, or who are adopting a child, in a redundancy situation (subscription required).
Continue reading "Redundancy rights for employees on adoption leave - new guidance on XpertHR" »
According to research, flexible working is beneficial to the physical and mental health of employees. Apparently, those who can decide on their working hours may even have healthier blood pressure and heart rates. The findings, which are available on the BBC website, come after a think tank, the New Economics Foundation (“NEF”), recently recommended a 21-hour week for all employees.
Continue reading "Flexible working - the key to enjoying life?" »
It is common knowledge that employees are legally entitled to be accompanied at disciplinary hearings by a work colleague or union official. But most organisations' disciplinary procedures do not make mention of whether or not employees have the right to legal representation at internal disciplinary meetings. Two recent rulings may make some employers think again when next updating their disciplinary procedure.
Continue reading "Do you allow lawyers to internal disciplinary hearings?" »
Fans of the Working Time Regulations 1998 (SI 1998/1833) will know that there are long-running issues over the interaction of holidays and sickness absence. A particular problem is whether or not employees who are unable to take statutory holiday due to sickness absence can carry over that holiday into the following leave year.
Continue reading "Tribunal allows sick employee to carry over holiday" »
Some mothers may have attributed a lapse in memory or concentration to their pregnancy or new born baby. Australian researchers, however, have confirmed that a woman’s brain is not adversely affected by pregnancy or motherhood.
Continue reading ""Baby brain" myth is dispelled" »
An advert requesting “very reliable and hardworking” workers has been branded “discriminatory” by Job Centre Plus, which refused to place the ad as it considered it discriminated against “unreliable workers”, according to the
Daily Telegraph.
Continue reading "Job Centre Plus brands advert requesting reliable workers "discriminatory"" »
Supporting women who are due to go on maternity leave, and those who are returning from maternity leave, can help employers retain experienced and dedicated employees and ensure that they are working to their full potential. There can be a number of significant benefits to business, including saving on recruitment and training costs and ensuring productivity levels are at their peak. However, knowing what practical support to give pregnant women or new mothers can be difficult. That’s why at XpertHR we’ve commissioned a good practice guide on maternity from Liz Morris of Mayfield Associates.
Continue reading "Good practice on maternity " »
Employees have a statutory right to take time off work for a myriad of reasons ranging from parental leave to dealing with care arrangements. One survey found that 34% of employees needed to take time off for an emergency involving a dependant. There’s even a new right for employees to request time off for training, due to come into force in April this year.
Continue reading "Statutory time off work: what employers need to know" »
The transfer of staff where TUPE applies on the sale of a business or transfer of a service is an area that invariably causes headaches for the HR teams involved. Getting to grips with even just the basics of TUPE can raise complex questions and practical difficulties. The IRS conference on managing successful TUPE staff transfers aims to refresh your understanding of the basics, as well as looking in detail at more advanced issues arising from TUPE transfers.
We've put together a resource pack to accompany the conference, which brings together the information and guidance on TUPE that is available on XpertHR, to help delegates get the most out of the conference. If you can't make the conference, the resource pack will still be a useful tool in updating your team on the essentials and latest developments in the law on TUPE.
Continue reading "IRS conference on managing successful TUPE staff transfers - 10 February 2010" »

Snow chaos across the UK means many employees can't get to work, through no fault of their own, because travel is not possible and/or schools are closed. Many believe they are entitled to be paid as usual in these circumstances - and are unhappy when they find otherwise.
A blog post of mine on snow, pay and employment rights from last February has seen a flurry of comments in the past few days, so I thought it would be worth returning to the issue today.
Continue reading "Snow chaos, pay, leave and employee rights" »
There will be an additional bank holiday in June 2012 to mark the Queen's diamond jubilee. The late May bank holiday will be moved to 4 June 2012 and 5 June will be made into an extra bank holiday - according to the Government press release, this will give us the chance for a "long weekend of celebration".
Continue reading "Extra bank holiday planned for June 2012" »
Have you ever pondered any of the following when dealing with what promised to be a straightforward disciplinary matter: your options where you suspect that an employee is guilty of gross misconduct but you have no concrete proof? What scope you have to discipline an employee whose claim of harassment turned out to be unfounded? How to respond to a 16-year-old employee who is insisting on his mum accompanying him to his disciplinary hearing?
Continue reading "IRS masterclass on discipline and grievance - 28 January 2010" »
A number of major retailers have ceased to employ a Santa Claus directly, but instead are choosing to contract out the service using external employment agencies, according to research undertaken by XpertHR.
In another blow to tradition, there is also evidence that Father Christmas is being edged out, with one large shopping centre telling XpertHR that it no longer has room for Santa - he has been replaced by a café.
Continue reading "Santa Claus a victim of contracting out" »
A round up of links to recent employment tribunal rulings, including a lorry driver who was unfairly dismissed after a row with a customer, a straight teacher who lost his sexual orientation discrimination claim, and a Northern Ireland industrial tribunal ruling on police officers' shifts.
Continue reading "Employment tribunal decisions making the headlines: 12.12.09 to 25.12.09" »
The Department for Work and Pensions has published some of the key employment-related statutory rates for April 2010, including statutory maternity pay (SMP), statutory adoption pay (SAP), statutory paternity pay (SPP) and statutory sick pay (SSP).
Continue reading "April 2010: maternity, paternity and adoption pay to go up, but sick pay to stay the same" »
Around 50 new model policies and documents have been added to XpertHR in 2009. But what have been the most popular? The XpertHR employment intelligence blog provides a round-up.
Continue reading "Policies and documents: the 10 most popular additions in 2009" »
As usual, 2009 was a busy year in the employment tribunals, courts and in the European Court of Justice. But what employment law cases can we look forward to in the next 12 months? Here are 10 significant employment decisions expected in 2010.
Continue reading "Ten employment cases to watch out for in 2010" »
IRS is conducting benchmarking research into paternity and adoption leave. Completing this brief, confidential survey on paternity and adoption leave will entitle you to a free copy of the report. The closing date for this survey is Monday 14 December 2009.
Continue reading "Paternity and adoption leave: take part in our benchmarking survey" »

The top 10 most popular FAQs on XpertHR during November 2009 include some recently added questions on dress codes, including whether employers can require male employees to keep their hair short, and questions on flexible working requests, annual leave entitlement when an employee receives a payment in lieu of notice and opting out of the 48-hour week under the Working Time Regulations.
Continue reading "Top 10 HR questions - November 2009" »
A study by the National Childbirth Trust, which recently surveyed over 1,500 mothers who returned to work after having a baby, has revealed that 39% of mothers surveyed found returning to work difficult or very difficult. 31% said that their relationship with their boss had deteriorated since becoming pregnant and 32% found that their promotion prospects had been reduced since having a baby.
Continue reading "1 in 3 mothers face problems on return to work" »
Despite the reported (on the Independent website) cancellation of work Christmas parties by many employers, the festive party season is kicking off for most people, with an increase in evening social events (work related or otherwise) and long lunches. Employers may have to address the problem of some employees coming to work still suffering the effects of the previous evening’s over-indulgence in alcohol, or returning to work the worse for wear after a liquid lunch.
Continue reading "Alcohol misuse during the Christmas period" »
A round up of links to recent employment tribunal rulings, including a decision that a spiritualist was not discriminated against because of his beliefs, an £800,000 payout for a former News of the World reporter who claimed bullying, and £440,000 compensation for a council equalities officer who was dismissed.
Continue reading "Employment tribunal decisions making the headlines: 14.11.09 to 27.11.09" »
A company boss has been jailed for forging a contract of employment and a warning letter after a former employee accused him of sexual harassment, reports the BBC website.
Continue reading "Boss jailed for lying to employment tribunal" »
A round up of links to recent employment tribunal rulings, including a £190,000 payout to four redundant managers, a successful tribunal defence by Bollywood star Shilpa Shetty's restaurant group, and an unfair dismissal claim involving a missing barrel of beer.
Continue reading "Employment tribunal decisions making the headlines: 31.10.09 to 13.11.09" »
A round up of links to recent employment tribunal rulings, including compensation for employees at a printing firm who were not warned of redundancy, the failure of Gloucestershire Police to make reasonable adjustments for a dyslexic police officer and an unfair dismissal claim by a delivery driver who was caught urinating in public.
Continue reading "Employment tribunal decisions making the headlines: 17.10.09 to 30.10.09" »
A shop assistant who was informed by the Performing Right Society (PRS) that she could not sing at work without a licence has been given an apology, reports the BBC website.
Continue reading "Sing while you work (as long as you have a licence)" »
The Government has said that the Agency Workers Regulations, which will implement the Temporary Agency Workers Directive, will come into force on 1 October 2011, just two months before member states' deadline of 5 December 2011.
Continue reading "Government intends to implement Agency Workers Directive on 1 October 2011" »
Dealing with employees who have recently been bereaved is difficult for employers. They need to treat employees who have lost a partner or close relative with sensitivity but at the same time will wish to avoid major disruption to their business and too much additional pressure on the bereaved employee’s colleagues. Questions about time off rights and how to help an employee who has returned to work arise.
Continue reading "Dealing with employee bereavement" »
With the 2009 Conservative Party conference taking place in Manchester this week, and a general election looming, XpertHR looks at the employment law changes that an incoming Conservative Government might make.
Continue reading "A new Conservative Government: what could this mean for employment law?" »
It appears that the Labour government is dreaming up new schemes to extend flexible working beyond the current parental rights agenda. According to newspaper reports, the party's pre-election manifesto includes a measure that would give workers the right to accumulate paid leave lasting as long as a year by working additional hours. This is apparently based on a Dutch model and sounds like a cross between flexible benefits and unpaid sabbaticals.
Continue reading "Extended flexible leave on Labour agenda" »
Following the Government’s recent confirmation that it intends to push ahead with proposals to allow mothers to transfer the second six months of their maternity leave to fathers, a consultation has been launched including draft Regulations that set out how the proposals will be administered.
Continue reading "Government launches draft Regulations on extension to Paternity Leave" »
Plans to allow fathers to benefit from up to six months' additional paternity leave if the mother returns to work before the end of the maternity leave period to which she is entitled are to go ahead despite the recession, the Government has confirmed (on the News Distribution Service website).
Continue reading "Government confirms extension of paternity rights" »
Tennis star Kim Clijsters has won the US Open (on the BBC website) just months after coming out of her two-and-a-half year retirement during which she had a child.
Continue reading "Maternity leave: Kim Clijsters is the model return-to-work mum" »

The Master of the Rolls, Lord David Neuberger, who declined to move to the Supreme Court, has said that it was dreamt up ''over a glass of whisky'' by Tony Blair. Read more on the Telegraph.
Until 31 July 2009, Law Lords sitting as a committee of the House of Lords acted as the highest court of appeal in the country. From next month, while independently appointed Law Lords will continue to hear appeals, they will do so in the confines of an independent and geographically separate institution; the Supreme Court, which will be housed in Middlesex Guildhall in Parliament Square.
Continue reading "Supreme Court dreamt up over glass of whisky" »

Questions on swine flu and the workplace continue to feature strongly in our chart of the most frequently accessed FAQs on XpertHR. The new FAQs added to the bank holidays section are also proving popular.
Other questions that HR professional have been looking at this month deal with retirement notice periods, calculation of continuity of service for fixed-term employees, and pay for employees taking time off for fertility treatment.
Continue reading "Top 10 HR questions - August 2009" »

The most common questions that employers raise about bank holidays concern part-time workers and their entitlement to bank holidays. In particular, confusion arises over the position of part-time workers who don’t normally work on a Monday: are they entitled to time off in lieu, or does their working pattern mean that they simply lose out on many bank holidays?
The answers to this and other frequently asked questions on bank holidays have been added to the XpertHR FAQs section, in time for next week’s bank holiday.
Continue reading "Frequently asked questions - bank holidays" »
It has always been good practice to keep in contact with employees on maternity leave, even when the law was silent on this point. The law was changed in April 2007 to allow employers to make "reasonable contact" with employees on maternity leave. Three model letters added to XpertHR envisage situations where contact may take place.
Continue reading "Model letters on contact during maternity leave" »
Any sensible employer should realise the importance of making maternity leave run as smoothly as possible, so that valued members of staff are more likely to return to work after their leave. One important tool is the pre-maternity leave interview.
Continue reading "Model pre-maternity leave interview policy and letter" »
The latest guide in the XpertHR “how to” section looks at the issues for employers to consider to ensure that they comply with their legal obligations towards fixed-term employees who are pregnant or on maternity leave.
Continue reading "How to deal with pregnancy and maternity and fixed-term contracts" »
Half the people in a recent
government survey said they did not know which employees had the 'right to request' flexible working. This could help to explain why just 2% of employees formally applied to work flexibly last year, according to the latest
IRS flexible working survey, (subscription required) and suggesting that employers or the government need to do more to advertise the option.
Continue reading "Low awareness of flexible working options" »

Swine flu and the workplace - it comes as no surprise that many of the most frequently accessed FAQs on XpertHR throughout July were on this subject (see Swine flu - guidance for employers for up-to-date information and guidance). Other popular questions cover breaks for new mothers to express milk and the special rules for employees made redundant while on adoption leave. Most employers are aware of the laws protecting employees made redundant while on maternity leave, but remember that they apply to employees of either sex on adoption leave too.
Continue reading "Top 10 HR questions - July 2009" »
Following on from the High Court ruling in R (on the application of G) v Governors of X School and Y City Council, the Court of Appeal has now said that a doctor can be accompanied by a lawyer at a disciplinary hearing in circumstances where he or she could be barred from employment in the NHS.
Continue reading "Another ruling on legal representation at disciplinary hearings" »
I attended the hearing of the Age Concern retirement case at the High Court today. I've only attended the second day of a three day hearing so can't pretend to be able to give a balanced view of all the evidence, but I can give you an idea of a few of the arguments raised today. The High Court is being asked to decide whether the default retirement age (which allows employers to set a mandatory retirement age at 65 or above) is lawful. The case (known as the Heyday case) continues on Monday, but there won't be a decision until some time in the Autumn.
Continue reading "Age Concern retirement case - Day two of the Heyday hearing" »
The High Court hearing in the case brought by Age Concern, challenging mandatory retirement, begins today. Age Concern argues that the default retirement age of 65 is unlawful. If the case is successful, employers will no longer be able to use mandatory retirement ages (unless they can justify doing so for reasons connected to social policy).
I was interviewed by Personnel Today about the issues to be decided and the implications of the case for employers. You can see the video on the Personnel Today website.
Continue reading "Age Concern retirement case - hearing begins today" »
Every year a small number of employees experience a stillbirth or lose their baby shortly after birth. In such circumstances, employees should be advised of their maternity rights.
Continue reading "Maternity rights - model letters for employers" »
Workers have the right to be accompanied at a formal disciplinary or grievance hearing, but can the companion be a solicitor? Under the statutory right in s.10 of the Employment Relations Act 1999, the companion is limited to a trade union official or a work colleague (although, of course, the organisation’s policy may allow other categories of companion, such as a partner or friend). Many employers will therefore be concerned to learn that, in a recent case - R v Governors of X School - the High Court held that a teacher undergoing a disciplinary process was entitled to be represented by his solicitor.
Continue reading "Must a solicitor as a companion at a disciplinary hearing be permitted?" »
The case of Leslie Seldon, the solicitor who challenged his firm's decision to retire him at age 65, is being heard this week at the Court of Appeal. The case is important because it will hopefully give some clarification on when age discrimination can be justified. Mr Seldon was a partner in the firm and so the default retirement age did not apply (the default retirement age allows employers to set a retirement age of 65 or above without having to justify it - but it only applies to "employees", not partners).
Continue reading "Solicitor's mandatory retirement case goes to the Court of Appeal" »

Throughout June 2009 what were HR professionals asking? The top 10 most frequently visited FAQs on XpertHR in the last month include some recent additions to the site on the subject of gender reassignment and toilet facilities, and whether or not the entitlement to a 20-minute rest break arises after every six hours worked. These questions were suggested by subscribers.
Other questions in the top 10 look at workplace maternity rights for surrogate mothers and the women for whom they give birth, and dismissal where the employer has previously granted an employee’s request to carry on working beyond retirement age.
Continue reading "Top 10 HR questions - June 2009" »
Workers struggling to keep cool at work may feel empathy with Andy Murray who complained that the new roof at Wimbledon lead to such humid conditions that he could not perform at his best.
Continue reading "Wimbledon and the heatwave" »
Support for an end to the "default retirement age" appears to be growing, ahead of the High Court hearing of the Age Concern and Help the Aged judicial review of the age regulations next month.
The Commons Work and Pensions Committee will recommend that the default retirement age, which allows employers to retire employees at age 65 without giving a reason or justifying the decision, should be scrapped. In its report into pensioner poverty, due to be published next month, the Committee will highlight the economic reasons for abolishing mandatory retirement now, rather than waiting for the review planned for 2011.
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Six police officers have been suspended in the face of allegations that they subjected suspects to waterboarding; a torture technique that simulates the experience of drowning. (The technique last hit the headlines in 2007 when it was reportedly used by the CIA on Al-Quaeda suspects with the authority of the United States Department of Justice.) Read more on the Times website (external website).
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