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.
Continue reading "Parliamentary committee calls for an end to compulsory retirement" »

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).
Continue reading "London's Metropolitan Police face allegations of brutality" »
Well, they are in France anyway, according to a recent ruling by the Supreme Court. The contestants of the french version of Temptation Island, l'Ile de la Tentation, were held to be workers entitled to overtime, holiday pay, and compensation for wrongful termination. Hot on their heels (or should that be flip-flops?), several other l'Ile de la Tentation contestants have now launched legal proceedings. Quote of the week goes to the lower court that dealt with the case, which stated "Tempting a person of the opposite sex requires concentration and attention". Read more on the Telegraph website (external website).
Continue reading "Temptation Island contestants are workers" »

The two May bank holidays were occupying HR professionals last month, prompting the question: are part-time workers entitled to bank holidays? Another popular question concerned how to deal with bank holiday entitlement for employees on maternity leave.
Other frequently asked questions focus on redundancy and alternatives to redundancy, including whether or not an employee’s salary is protected if he or she accepts a less well-paid position as an alternative to redundancy.
Photo: Valerie Everett
Continue reading "This month's top 10 HR questions - May 2009" »
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 have been shelved, according to a report in the Daily Telegraph (external website).
Continue reading "Paternity leave proposals may be delayed" »
Justice Secretary Jack Straw has announced new measures to improve the enforcement of employment tribunal awards. High Court Enforcement Officers will now have power to recover employment tribunal awards and settlements reached through Acas conciliation.
Continue reading "New measures to enforce unpaid employment tribunal awards" »
History will record April 2009 as a good month for British
workers, with statutory holiday entitlement increasing to 28 days, but not
everybody may agree. According to recruitment company HireScores, a large
percentage of British workers would happily give the extra days back.
Continue reading "Sun, sea and stress" »
The Government has announced (on the News Distribution Service website) that it is to introduce legislation to prevent employers blacklisting workers as a result of their union membership or activities.
Continue reading "Government resurrects union blacklisting proposals" »
BERR has published a consultation seeking views on implementation of the Temporary Agency Workers Directive.
Continue reading "Temporary Agency Workers Directive: BERR consultation" »

During April, the impact of the repeal of the dispute resolution procedures at the beginning of the month was evident, with the most frequently asked question on XpertHR concerning whether or not employers are obliged to deal with grievances raised by ex-employees.
Other popular FAQs covered maternity leave in connection with annual leave and car allowances, and whether or not it is acceptable to ask employees of foreign origin to communicate in English while at work?
Photo: Charles Chan
Continue reading "This month's top 10 HR questions - April 2009" »
The saga of the important case of Stringer and others v HM Revenue and Customs sub nom Commissioners of Inland Revenue v Ainsworth and others is nearing its end.
Continue reading "House of Lords hears Stringer sick leave case" »
In the 2009 Budget, the Chancellor announced a “one-off” increase in the limit on a week’s pay for statutory redundancy pay purposes from £350 to £380. However, it is unclear when this will take effect, or even how the Government plans to effect the change - possible routes seem to include s.14 of the Work and Families Act 2006 or s.23 of the Employment Relations Act 1999.
Continue reading "2009 Budget increase in statutory redundancy pay limit" »
With the introduction of more flexible rules on dealing with disciplinary issues and grievances from 6 April 2009, now may be the time for employers to consider allowing mediation as an option in their procedures. XpertHR has published model mediation documents to help employers that wish to make a start.
Continue reading "Integrating mediation into discipline and grievance procedures" »
Employer instigates disciplinary process. Employee promptly raises grievance. Few employers will be lucky enough not to have come across this situation. In many cases their response is to put the disciplinary process on hold until they have dealt with the grievance - sometimes prolonging the issue for months. But is this really necessary?
Continue reading "Do we have to put a disciplinary process on hold if the employee subsequently raises a grievance?" »
The statutory dispute resolution procedures may have been repealed on 6 April 2009 - but don’t think you can forget about them just yet. Under transitional provisions, they continue to apply in certain situations, as David Shepherd (XpertHR’s head of content and technology) and I discuss in this month’s XpertHR Outlook Video. We also consider the 1 April increase in statutory annual leave entitlement from 4.8 weeks to 5.6 weeks, and the 6 April extension of the right to request flexible working to parents of children under the age of 17.
Continue reading "Video: 6 April 2009 has passed - but the repealed statutory dispute resolution procedures may still apply" »
It’s always good to get out to a conference, sit in a room of HR professionals and hear exactly what’s concerning them - and yesterday’s IRS discipline and grievance masterclass at the Cumberland Hotel in London was no exception.
Continue reading "IRS discipline and grievance masterclass" »
BERR has published a consultation seeking views on European Commission proposals to amend the Pregnant Workers Directive.
Continue reading "Pregnant Workers Directive: BERR consultation" »
The charity Working Families has recorded a significant increase in calls to its helpline related to redundancy and discrimination.
Continue reading "Working Families charity reports significant increase in redundancy and discrimination calls " »
You wait forever for the employment tribunal statistics - and then two sets come along at once. Well, not exactly, as the figures for April 2008 to February 2009 provided to XpertHR by the Tribunals Service today are only provisional, and therefore subject to change. They do, however, give an indication of what the final figures are likely to look like.
Continue reading "Employment tribunal claims for 2008 to 2009 - provisional figures" »
Figures for the period April 2007 to March 2008 released by the Tribunals Service today show that the number of equal pay tribunal claims jumped to 62,706, up from 44,013 for 2006/07 - and in comparison to just 4,412 for 2003/04.
Continue reading "Significant increase in equal pay tribunal claims" »
After a lot of uncertainty as to whether or not it would actually happen, the Government has now published regulations extending the right to request a flexible pattern of work to parents of children up to the age of 16 (see more on XpertHR).
Continue reading "Flexible working extension confirmed" »
Last week I mentioned we’d been gathering questions from employers on the repeal of the statutory dispute resolution procedures on 6 April. The answers [subscription required] to the following questions have now been published on XpertHR:
Continue reading "Employers' questions on the repeal of the statutory discipline and grievance procedures - the answers" »
If you are reviewing your grievance procedures in advance of the repeal of the statutory dispute resolution procedures and the introduction of the new "Code of practice on disciplinary and grievance procedures" on 6 April 2009, look no further than XpertHR's model grievance policies and documents for guidance.
Continue reading "Have you updated your grievance procedures for 6 April 2009?" »
Our latest XpertHR Outlook video is now live, and features managing editor Jo Stubbs and I discussing customers' questions on the right to request flexible working, maternity keeping-in-touch days, retirement and redundancy.
Continue reading "Video: flexible working, maternity, retirement, redundancy - more of your questions answered" »
"Lazy and a trouble stirrer", "ex shop steward, definite problems - no go", and "communist party" are just some of the comments contained in a secret database used by high-profile construction companies such as Taylor Woodrow and Balfour Beatty to vet their staff.
Continue reading "Employers use secret data to vet workers" »
We’ve been gathering together employers’ questions about the repeal of the statutory dispute resolution procedures on 6 April, and the new Acas code of practice on disciplinary and grievance procedures. What have they been asking? Well, some of the most common relate to the processes to follow in redundancy dismissals and where a fixed-term contract expires without being renewed - situations not covered by the new Acas code.
Continue reading "Employers' questions on the repeal of the statutory discipline and grievance procedures" »

Notes made at recruitment interviews and unsatisfactory job references resulting in an employment offer being withdrawn - does the prospective employee have the right to see them? And what about an employee who is permitted to work beyond retirement age, but whose position subsequently becomes redundant - will he or she be entitled to a redundancy payment? Out of the hundreds of HR questions on XpertHR, these are some of the most popular throughout February 2009.
Continue reading "This month's top 10 HR questions" »
While the Government is busy deciding whether or not to adopt the concept of indirect discrimination in relation to disability discrimination, new research reveals that disabled people continue to face significant prejudice and discrimination in the workplace.
Continue reading "Disabled employees more likely to be ridiculed" »

One of the most frequently viewed XpertHR FAQs during January 2009 concerns the topical question of which limit on the rate of a “week’s pay” should be used to calculate a statutory redundancy payment where the dismissal takes place shortly before the annual 1 February increase (this year, from £330 to £350), but the employee is paid in lieu of notice.
Continue reading "This month's top 10 HR questions" »