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September 3, 2010

Employment tribunal decisions making the headlines: 21.08.10 to 03.09.10

A round-up of links to news items on recent employment tribunal rulings, including: £63,000 for a teacher who was unfairly dismissed after disciplining a schoolgirl who simulated a sex act in class; £45,000 for 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; and £1.2m for a former Cornwall hospital boss who was unfairly dismissed "as a whistleblower".

Continue reading "Employment tribunal decisions making the headlines: 21.08.10 to 03.09.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 23, 2010

Professional witch on "sick leave" caught by employer auditioning for X Factor

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 17, 2010

Still time to take part in redundancies and resignations survey

As redundancies are still likely to play a substantial part in organisational strategies during the rest of 2010 (according to the CIPD's latest Labour Market Outlook survey), now is an opportune time for employers to look at how other organisations are dealing with the tricky issues surrounding employee departures. All those who take part in the 2010 IRS survey on this topic will get a free report on the findings, covering practical issues such as:

  • notice periods;
  • compromise agreements; and
  • how to reduce the risk of losing valuable data to competitors.

The findings relating to compromise agreements will be reported anonymously (without reference to the organisations or individuals taking part).

All participants also get a free copy of the 2010 IRS research report on retirement procedures, as soon as they have completed the questionnaire.

The deadline for participating in the employee departures survey is Friday 20 August.

Please click here to complete the brief survey.

Charlotte Wolff | | Comments (0) | TrackBacks (0) |

August 20, 2010

Employment tribunal decisions making the headlines: 07.08.10 to 20.08.10

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 12, 2010

No religious discrimination against employee dismissed for telling ill woman to "put her faith in God"

An employment tribunal has found that a housing officer was not unfairly dismissed or discriminated against on the ground of his religion when he was dismissed for telling a woman with an incurable disease that she needed to "put her faith in God", reports the BBC website.

Continue reading "No religious discrimination against employee dismissed for telling ill woman to "put her faith in God"" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

August 10, 2010

"Heat of the moment" resignations: rude passenger causes air steward to slide off plane

"Heat of the moment" resignations are a common problem for employers. In a spectacular example, an air steward has resigned after getting into an argument with a rude passenger by escaping out of the plane via the emergency chute (on the Daily Telegraph website).

Continue reading ""Heat of the moment" resignations: rude passenger causes air steward to slide off plane" »

Stephen Simpson | | Comments (2) | TrackBacks (0) |

Managing risk in redundancies & resignations: Take part in the 2010 XpertHR benchmarking survey

How does your organisation go about managing the risks associated with organising employee redundancies, resignations and other employee departures? Take part in the 2010 XpertHR benchmarking survey on managing employee departures to find out how your organisation's approach measures up against those of other UK employers.

Continue reading "Managing risk in redundancies & resignations: Take part in the 2010 XpertHR benchmarking survey" »

Michael Carty | | Comments (0) | TrackBacks (0) |

August 6, 2010

Employment tribunal decisions making the headlines: 24.07.10 to 06.08.10

A round-up of links to news items on recent employment tribunal rulings, including: a disability discrimination claim by a former trainee police dog handler with a voice condition; a woman who was constructively dismissed after her manager called her "short arse"; and a PA who claimed that she was unfairly dismissed for gossiping about her boss's affair.

Continue reading "Employment tribunal decisions making the headlines: 24.07.10 to 06.08.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

July 30, 2010

Default retirement age proposals: FAQs and related age discrimination case

It won't have escaped your notice that the Government has published its proposals for abolishing the default retirement age and the associated statutory retirement procedure. If you don't have time to read the full 60-page consultation document (PDF format, 440K) (on the BIS website), look at the XpertHR FAQs section for an overview of the main proposals.

Continue reading "Default retirement age proposals: FAQs and related age discrimination case" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

July 29, 2010

Retirement: Government proposes to scrap default retirement age (DRA) from 1 October 2011

The Government has today announced proposals to scrap the default retirement age (DRA) with effect from 1 October 2011, personneltoday.com reports.

Continue reading "Retirement: Government proposes to scrap default retirement age (DRA) from 1 October 2011" »

Michael Carty | | Comments (1) | TrackBacks (1) |

July 27, 2010

French nuns go on the run after threat of enforced retirement

Two elderly nuns have gone on the run in France to escape being sent to a retirement home, reports the Daily Telegraph website.

Continue reading "French nuns go on the run after threat of enforced retirement" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

July 30, 2010

What are the most common hazards of redundancy exercises?

Weak economic recovery is underway, but redundancies remain an all-too-common feature of the employment landscape. Latest official data from the Office for National Statistics (ONS) show that the redundancy rate was 6.5 per 1,000 employees (PDF format, 335.7K) over the three months to May 2010. While this represented a marginal fall from the rate for the previous rolling quarter, there is every chance that the redundancy rate will once again rise dramatically as the coalition Government's austerity programme of public spending cuts gets underway, with extensive public sector job cuts likely.

It therefore remains as essential as ever that employers get redundancy exercises exactly right. With this in mind, our colleagues at Employers' Law have produced an invaluable list of the 10 most common pitfalls of redundancy exercises - complete with tips on how to avoid them.

Continue reading "What are the most common hazards of redundancy exercises?" »

Michael Carty | | Comments (0) | TrackBacks (0) |

July 23, 2010

Employment tribunal decisions making the headlines: 10.07.10 to 23.07.10

A round-up of links to news items on recent employment tribunal rulings, including: a successful tribunal claim by workers whose jobs were axed after Portsmouth Football club went into administration; a caretaker who was fairly dismissed for drinking two pints before work; and an unsuccessful claim for unfair dismissal by Paul Eddery against his brother, the former jockey Pat Eddery.

Continue reading "Employment tribunal decisions making the headlines: 10.07.10 to 23.07.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

July 9, 2010

Employment tribunal decisions making the headlines: 26.06.10 to 09.07.10

A round-up of links to news items on recent employment tribunal rulings, including: compensation for a Protestant teacher who was made redundant in Northern Ireland; a payout for a property lettings agent who claimed that her boss asked her to lie in court; and an unsuccessful unfair dismissal claim by a postal worker who took time off work to grieve after the death of her pet dog.

Continue reading "Employment tribunal decisions making the headlines: 26.06.10 to 09.07.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

June 15, 2010

Employee who made "barking" noises at colleague not unfairly dismissed

An employee who allegedly "barked" at a colleague who was involved in court proceedings over noise levels from a neighbour's dogs was not unfairly dismissed, the Irish Employment Appeals Tribunal has found (on the Irish Independent website).

Continue reading "Employee who made "barking" noises at colleague not unfairly dismissed" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

June 25, 2010

Employment tribunal decisions making the headlines: 12.06.10 to 25.06.10

A round-up of links to news items on recent employment tribunal rulings, including: a shop steward who was unfairly dismissed for swearing at work; a policewoman who has been award £273,000 for sex discrimination; and an academic employed for nine years on a succession of fixed-term contracts who has won his battle for a permanent contract.

Continue reading "Employment tribunal decisions making the headlines: 12.06.10 to 25.06.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

June 10, 2010

EAT considers case of HR professional dismissed for gross misconduct

HR professionals are surely among the least likely staff to be dismissed for gross misconduct: they ought to be very familiar with what counts as behaviour that their employer regards as gross misconduct and that could lead to dismissal. But the Employment Appeal Tribunal has considered the unusual case of an HR adviser who was dismissed for this reason.

Continue reading "EAT considers case of HR professional dismissed for gross misconduct" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

June 11, 2010

Employment tribunal decisions making the headlines: 29.05.10 to 11.06.10

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

May 28, 2010

Redundancy: can employers favour women on maternity leave over men?

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?" »

John Read | | Comments (0) | TrackBacks (0) |

May 26, 2010

100-year-old doctor has delivered 18,000 babies

An American doctor is still working at the age of 100 and has had over 60 years in practice as an obstetrician, reports the Daily Telegraph website.

Continue reading "100-year-old doctor has delivered 18,000 babies" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

May 25, 2010

Benchmarking retirement procedures in 2010: Employers oppose changes to default retirement age

The Conservative-Liberal coalition Government plans to phase out the default retirement age, yet the majority of UK employers do not wish to see the default retirement age changed or abolished, according to 2010 benchmarking research from IRS for XpertHR.

Continue reading "Benchmarking retirement procedures in 2010: Employers oppose changes to default retirement age" »

Michael Carty | | Comments (0) | TrackBacks (0) |

May 28, 2010

Employment tribunal decisions making the headlines: 15.05.10 to 28.05.10

A round-up of links to news items on recent employment tribunal rulings, including: a male lawyer made redundant over a colleague on maternity leave; a garden centre worker who was dismissed for taking home a goldfish he was told to dispose of; and an award of over £180,000 made against the NHS for age discrimination.

Continue reading "Employment tribunal decisions making the headlines: 15.05.10 to 28.05.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

May 14, 2010

Employment tribunal decisions making the headlines: 01.05.10 to 14.05.10

A round up of links to news items on recent employment tribunal rulings, including: a pilot who claimed race discrimination on the ground that treatment he received from colleagues was because he is Scottish; a financier who accused her boss of sexual harassment, bringing prostitutes to business meetings and trying to have her killed by Russian hitmen; and a female lawyer who brought a sex discrimination claim alleging that a boss at her firm slapped her bottom during a work function.

Continue reading "Employment tribunal decisions making the headlines: 01.05.10 to 14.05.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

May 4, 2010

First genetic discrimination case emerges from the US

Details of the first employment case involving genetic discrimination, which is now outlawed in the US, have been made public, reports the New Scientist website.

Continue reading "First genetic discrimination case emerges from the US" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

April 30, 2010

Employment tribunal decisions making the headlines: 17.04.10 to 30.04.10

A round up of links to news items on recent employment tribunal rulings, including: a huge equal pay win for council workers in Birmingham; the unfair dismissal of a receptionist who allegedly made her boss look stupid on Facebook; and an employment tribunal victory for fixed-term university staff.

Continue reading "Employment tribunal decisions making the headlines: 17.04.10 to 30.04.10" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

April 26, 2010

Protecting confidential information

Savile Row tailors, Ede & Ravenscroft, have filed a writ against a former employee for allegedly wrongly obtaining confidential client information from the firm’s database before leaving to start a rival firm, according to a report in the Sunday Times (on the Times website). Ede & Ravenscroft, which was founded in 1689 and makes ceremonial robes as well as suits, is tailor to members of royalty, the House of Lords and the legal profession.

Continue reading "Protecting confidential information" »

Clio Springer | | Comments (0) | TrackBacks (0) |

Dismissed employee given jail sentence for contempt of court

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

April 16, 2010

Football referees given the red card win age discrimination claim

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" »

Eleanor Brown | | Comments (2) | TrackBacks (0) |

April 15, 2010

Religion or belief: climate change worker settles discrimination case

Tim Nicholson, the worker who successfully argued that his belief in the importance of acting to mitigate climate change is capable of being a philosophical belief for the purposes of religion or belief discrimination, has settled his case with Grainger plc, reports the BBC website.

Continue reading "Religion or belief: climate change worker settles discrimination case" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

April 16, 2010

Employment tribunal decisions making the headlines: 03.04.10 to 16.04.10

A round up of links to news items on recent employment tribunal rulings, including well-publicised cases involving: Tim Wheeler, former chief executive of property group Brixton plc; a Christian nurse who was not allowed to wear her cross necklace while working; and a female soldier who had childcare difficulties.

Continue reading "Employment tribunal decisions making the headlines: 03.04.10 to 16.04.10" »

Stephen Simpson | | Comments (2) | TrackBacks (1) |

March 30, 2010

Top 10 line manager briefings

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" »

Bar Huberman | | Comments (1) | TrackBacks (0) |

April 2, 2010

Employment tribunal decisions making the headlines: 20.03.10 to 02.04.10

A round up of links to news items on recent employment tribunal rulings, including: a new mother's successful sex discrimination claim after she was told that she looked like a mess when she returned from maternity leave; a part-time magistrate who was unfairly dismissed after allegations of theft; and a large cost order against an employer that failed to turn up for a tribunal hearing.

Continue reading "Employment tribunal decisions making the headlines: 20.03.10 to 02.04.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

March 22, 2010

Manchester United worker dismissed for wearing the wrong colour of scarf

A worker at Old Trafford has been dismissed for breaching Manchester United's dress and appearance code (on the Manchester Evening News website). During a match, part-time kiosk worker and student Jerry Vyse took the somewhat unwise decision to don a green and gold scarf, which has become synonymous with protests against the ownership of the club by the Glazer family.

Continue reading "Manchester United worker dismissed for wearing the wrong colour of scarf" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

March 19, 2010

Employment tribunal decisions making the headlines: 06.03.10 to 19.03.10

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" »

Stephen Simpson | | Comments (0) | TrackBacks (1) |

March 16, 2010

Single mistake (like crashing a nuclear submarine) can justify dismissal

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" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

March 5, 2010

Employment tribunal decisions making the headlines: 20.02.10 to 05.03.10

A round up of links to news items on recent employment tribunal rulings, including: an award of over £50,000 for a Croatian employee who was harassed; an unsuccessful unfair dismissal claim by a doctor who refused to work unless he had somewhere to sleep during night shifts; and a payout for sexual orientation discrimination for a pub worker after attempts were made to "de-gay" the pub in which he worked.

Continue reading "Employment tribunal decisions making the headlines: 20.02.10 to 05.03.10" »

Stephen Simpson | | Comments (0) | TrackBacks (1) |

February 26, 2010

Paperboy loses latest round in battle for employment rights

Myles Bebbington, a paperboy who lost his claim for unfair dismissal in an employment tribunal because he was not an employee of the newsagent, has now lost his appeal in the Employment Appeal Tribunal (EAT).

Continue reading "Paperboy loses latest round in battle for employment rights" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

February 25, 2010

Should the default retirement age be abolished? Take part in our 2010 retirement procedures survey

"The default retirement age should be abolished and public services and policies reshaped to promote extended working life." This is according to John Sibson of consultants PricewaterhouseCoopers (PwC). A new report from PwC argues that the UK's "retirement schedule" must be "reset" (external website) to cope with the financial and demographic challenges posed by the UK's ageing population.

There is currently widespread speculation as to whether the Government will scrap the default retirement age. In this context, IRS - part of the XpertHR group - is conducting its 2010 benchmarking survey of retirement procedures, to investigate issues around the default retirement age, and explore employer practice in this area.

Continue reading "Should the default retirement age be abolished? Take part in our 2010 retirement procedures survey" »

Michael Carty | | Comments (2) | TrackBacks (0) |

February 24, 2010

Employment tribunals: are unfairly dismissed claimants often reinstated?

The recent case of City of Edinburgh Council v Dickson made the headlines (on the Metro website) because of the claimant's lurid conduct (watching pornography in his employer's public computer suite) and his unusual defence (that diabetes had brought on an episode during which he was not responsible for his actions). But the case is interesting for a different reason for employment law specialists: the employment tribunal made an order, opposed by the employer, that the claimant should be reinstated.

Continue reading "Employment tribunals: are unfairly dismissed claimants often reinstated?" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

February 22, 2010

Employment tribunal decisions making the headlines: 06.02.10 to 19.02.10

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" »

Stephen Simpson | | Comments (0) | TrackBacks (2) |

February 5, 2010

Employment tribunal decisions making the headlines: 23.01.10 to 05.02.10

A round up of links to news items on recent employment tribunal rulings, including: hundreds of former workers in a caravan manufacturer who may not see the money that they were awarded by an employment tribunal; an alleged refusal by Corus to reinstate three workers who were dismissed because of their trade union links; and a receptionist in Cardiff who was sexually harassed by her boss.

Continue reading "Employment tribunal decisions making the headlines: 23.01.10 to 05.02.10" »

Stephen Simpson | | Comments (0) | TrackBacks (1) |

February 1, 2010

The rise and fall of unfair dismissal awards

To acknowledge the decrease in the maximum compensatory award for unfair dismissal, we’ve put together a table (subscription required) showing the rise, and now fall, of the maximum award since 1999.

Continue reading "The rise and fall of unfair dismissal awards" »

Bar Huberman | | Comments (0) | TrackBacks (0) |

January 27, 2010

When is a hamburger not a hamburger?

When it’s got a slice of cheese on it, according to McDonald’s - which fired a Dutch employee for adding cheese to a hamburger. This, the company argued, turned it into a cheeseburger, and the employee should therefore have charged more.

Continue reading "When is a hamburger not a hamburger?" »

John Read | | Comments (0) | TrackBacks (0) |

Tribunal rejects body odour bullying claims but finds unfair dismissal

A man has won an unfair dismissal case after claiming to have been bullied by his manager, who he alleged told him he had body odour. The tribunal dismissed the allegations of bullying but upheld the claim as a result of serious flaws in the employer's disciplinary procedure.

Continue reading "Tribunal rejects body odour bullying claims but finds unfair dismissal" »

Susie Munro | | Comments (0) | TrackBacks (0) |

Employment tribunal decisions: what would you like to see covered?

XpertHR's case reporting has been improved with the addition of a new service providing summaries of new employment decisions, as well as the full transcripts of the cases, to go alongside our more detailed monthly summaries on a particular area [subscription required]. We're keen to hear from you if there are any types of claim that you would particularly like to see reported.

Continue reading "Employment tribunal decisions: what would you like to see covered?" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

January 25, 2010

Pregnancy and maternity leave: common discrimination pitfalls

XpertHR's new series of detailed summaries of employment tribunal decisions has continued with a look at five tribunal claims for pregnancy and maternity leave discrimination [subscription required].

Continue reading "Pregnancy and maternity leave: common discrimination pitfalls" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

January 22, 2010

Employment tribunal decisions making the headlines: 09.01.10 to 22.01.10

A round up of links to news items on recent employment tribunal rulings, including: a successful unfair dismissal claim by Weston-Super-Mare pier staff who were made redundant after it was damaged in a fire; compensation for an engineer who was dismissed for failing to clock out for a hospital appointment; and a £115,000 payout for an NHS boss who was told that she was the "wrong colour and wrong culture" for Cumbria.

Continue reading "Employment tribunal decisions making the headlines: 09.01.10 to 22.01.10" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

January 15, 2010

What did Harriet Harman announce on the default retirement age?

It was widely reported on Monday of this week (including on this blog) that Harriet Harman was going to make an announcement about the abolition of the default retirement age. Harman apparently told the Daily Mail that the default retirement age should be scrapped and that the Government was proposing a "massive public policy change". But where were the details of this policy change, and the plans for carrying it out?

Continue reading "What did Harriet Harman announce on the default retirement age?" »

Susie Munro | | Comments (0) | TrackBacks (0) |

January 14, 2010

France employment law guide

Do you need to know about employment law in France? The latest European employment law guide added to XpertHR looks at key elements of employment law in Frances as it applies to: recruitment and selection; pay and benefits; employee rights; contracts of employment; training and development; equal opportunities; industrial relations; health and safety; and termination of employment.

XpertHR regularly publishes information on industrial relations law and practice across Europe - providing expert analysis of developments at European level and in individual European countries. In addition, other guides to national employment law in European countries include: the Netherlands; Italy; Germany; Greece; Poland; and Ireland. For ease of reference, we’ve rounded our European information up on one European employment law and practice page.

Remember that we want to provide information on the countries that are relevant to you in your HR role - so let us know which countries you’d like to see guidance on in the future.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

January 12, 2010

Guidance on resignation

Employers may be experiencing an increase in employee resignations as people’s thoughts turn to getting a new job in the new year. Although most resignations do not have the high profile status of that of Jonathan Ross’s from the BBC (see my colleague, Michael Carty’s post from 7 January), employers do, nonetheless need to be aware of the various issues related to employee resignation.

Continue reading "Guidance on resignation" »

Clio Springer | | Comments (0) | TrackBacks (0) |

January 11, 2010

Retirement age may be abolished

The default normal retirement age of 65 is likely to be abolished, according to reports on the Times and Telegraph websites today (11 January 2010). Harriet Harman, the Minister for Women and Equality, is to announce that the Government will "fast-track" its review of the normal retirement age. She is proposing that workers will have the option to work beyond 65 and will be able to ask to work part time or at home.

Continue reading "Retirement age may be abolished" »

Clio Springer | | Comments (0) | TrackBacks (0) |

January 8, 2010

Employment tribunal decisions making the headlines: 26.12.09 to 08.01.10

A round up of links to recent employment tribunal rulings, including the reinstatement of a Territorial army soldier who was made redundant after he returned from Afghanistan, a successful claim by a park ranger who was dismissed for making a joke about the colour of a black colleague's legs, and an award to a woman whose husband did the same job for the same employer but was paid more than her.

Continue reading "Employment tribunal decisions making the headlines: 26.12.09 to 08.01.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

January 6, 2010

Redundancy: what to do if you have to dismiss an employee on maternity leave

There is nothing to prevent an employer from dismissing an employee on maternity leave whose job has become redundant. However, the employer must take special steps to offer any suitable alternative employment to her ahead of other employees or the dismissal will be automatically unfair.

Continue reading "Redundancy: what to do if you have to dismiss an employee on maternity leave" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 22, 2009

HR questions on Twitter

Want to receive the answer to a frequently asked HR question every day? If you’re on Twitter, you can do so by following HRdailyquestion. The questions come from the popular XpertHR FAQs section, which contains over 1,000 frequently asked HR questions - and more importantly the answers.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

December 25, 2009

Employment tribunal decisions making the headlines: 12.12.09 to 25.12.09

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 17, 2009

Maximum unfair dismissal compensation award reduces from February 2010

The maximum unfair dismissal award will reduce from £66,200 to £65,300 from 1 February 2010.

The Employment Rights (Revision of Limits) Order 2009 revises the limit in line with the decrease in the retail prices index between September 2008 and September 2009 - this was -1.4%.

There was a one-off increase to the maximum week’s pay used to calculate certain awards, including statutory redundancy pay and the basic unfair dismissal award, on 1 October 2009. This rose from £350 to £380. The legislation that brought this one-off rise into effect excluded, for a single time only, the operation of s.34 of the Employment Relations Act 1999, which normally changes this limit, along with the maximum unfair dismissal award, on 1 February. On this occasion, the maximum of a week’s pay for these purposes will therefore remain at £380.

For further information see Maximum unfair dismissal compensation award to decrease.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

December 24, 2009

Policies and documents: the 10 most popular additions in 2009

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 11, 2009

Employment tribunal decisions making the headlines: 28.11.09 to 11.12.09

A round up of links to recent employment tribunal rulings, including an employer that tried to pacify an employee who had been racially abused with a 15p pay rise, a hospital chef who was dismissed for eating a piece of garlic bread, and an estate agent who spent hundreds of hours watching pornography on his work computer.

Continue reading "Employment tribunal decisions making the headlines: 28.11.09 to 11.12.09" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 31, 2009

Ten employment cases to watch out for in 2010

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" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 4, 2009

When an employee's "unusual" hobby becomes a workplace issue

The Times (on its website) has used the recent example of Mark Garlasco, a senior military analyst at a human rights organisation who was suspended when his employer found out that his hobby is collecting Nazi and other war memorabilia, to look at what an employer should do when an employee has an unusual or embarrassing hobby outside work.

Continue reading "When an employee's "unusual" hobby becomes a workplace issue" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 27, 2009

Employment tribunal decisions making the headlines: 14.11.09 to 27.11.09

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.

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November 26, 2009

Spiritualist ex-police trainer loses religious discrimination claim

A police trainer who argued that he was discriminated against because he believes in the use of psychics in police investigations has lost his substantive claim, says the BBC website.

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November 25, 2009

German court looks kindly on "Robin Hood" bank employee

A German court has given a suspended sentence to a bank employee who transferred around £7m from rich to poor customers, according to the BBC website.

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November 24, 2009

Redundancy: employment tribunal rulings show unfair dismissal pitfalls

XpertHR provides summaries of five employment tribunal decisions [subscription required] where individuals brought unfair dismissal claims in relation to a decision by their employer to make them redundant. They provide a useful summation of the mistakes that employers commonly make in a redundancy situation.

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November 13, 2009

Spiritualist with belief in psychics' powers proceeds with discrimination claim

A police trainer who is arguing that he was dismissed because he believes in the power of psychics and their usefulness in police investigations is having his claim for religious discrimination heard by an employment tribunal (on the Daily Telegraph website).

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Employment tribunal decisions making the headlines: 31.10.09 to 13.11.09

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.

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November 10, 2009

Workplace lottery syndicate wins £45.5m

Hewlett Packard is facing an unusual problem after seven IT workers in a Liverpool office won over £6m each in their workplace EuroMillions syndicate. The workers are said to have immediately resigned en masse after the news was broken to them.

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October 30, 2009

Employment tribunal decisions making the headlines: 17.10.09 to 30.10.09

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.

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October 16, 2009

Assistance for redundant employees

Once employees have been given notice of dismissal by reason of redundancy, should employers sit back and be satisfied that they have complied with their obligations to inform and consult?

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Bar Huberman | | Comments (0) | TrackBacks (0) |

October 5, 2009

A new Conservative Government: what could this mean for employment law?

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.

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Joanna Stubbs | | Comments (0) | TrackBacks (0) |

October 2, 2009

Ex-Newcastle United manager Kevin Keegan awarded £2m for constructive dismissal

It's been reported that Kevin Keegan, who left his post as Newcastle United manager in September 2008, has been awarded £2m after it was found that he was constructively dismissed (on the Guardian website).

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September 30, 2009

Employment tribunals: redundancy-related claims skyrocket

To no one's great surprise, the number of employment tribunal claims related to redundancy went up dramatically for the period 1 April 2008 to 31 March 2009, according to new Tribunals Service statistics (PDF format, 257K) (on its website).

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September 25, 2009

Heyday decision - default retirement age is lawful, but...

The High Court has given its decision (PDF format, 206K) in the "Heyday case", the case brought by Age Concern challenging the default retirement age. The Court found that the default retirement age of 65 can be justified and is therefore lawful, but that there was a "compelling case" for raising or removing it.

To establish that the default retirement age set by reg.30 of the Employment Equality (Age) Regulations 2006 was justified, the Government had to show that it was introduced to meet a legitimate social policy aim. The Court found that it met the aim of maintaining confidence in the labour market, and that it was a proportionate way of doing so. The decision points out that the default retirement age does not require employers to dismiss employees at a certain age, it only allows them to do so, and finds that it is designed to give employers and employees certainty for planning purposes.

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September 22, 2009

"Hairspray" actor on Broadway claims disability discrimination

A New York court is allowing a Broadway actor who performed in "Hairspray" to proceed with a claim for disability discrimination after he fell and injured his knee while performing in the show and was later dismissed.

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September 11, 2009

Employee found guilty of murdering boss

Fifty-two year old lorry driver, Russell Carter, has been found guilty of murdering his boss and attempting to murder three of his colleagues. Carter believed that he was owed £3,000 in unpaid wages. He waited for his victims to arrive for work wearing surgical plastic gloves, and armed with a handgun, petrol, duct tape, cable ties and rope, before gagging them and ordering them to tie each other up, dousing them in petrol, and saying "I will kill you". Read more on the bbc or the Telegraph.

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

September 8, 2009

Redundancy and age discrimination: learning from tribunal decisions

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A browse through the archive of employment tribunal decisions shows that, not surprisingly, quite a few age discrimination cases involve redundancy. In the first in a new series of articles on tribunal decisions [subscription required], XpertHR has rounded up some of the more interesting cases on age discrimination in redundancy.

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September 3, 2009

Nurse sacked after smacking son loses unfair dismissal claim

In May 2007, school nurse Susan Pope smacked her ten-year old son for swearing. Her 15-year old son called the police, and while they ultimately found no evidence of wrongdoing, two of her children were placed on the local social services child protection register as a result.

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Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

(Un)employment facts: did you know...


...that public sector employment has never been higher?

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Note: the latest spike in public sector employment is actually due to the de facto nationalisation of RBS and Lloyds Banking Group.

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Ed Cronin | | Comments (0) | TrackBacks (0) |

September 1, 2009

Accountant unfairly dismissed for sending "shouty" emails

An employment tribunal has found that an accountant at healthcare company ProCare was unfairly dismissed after she was sacked for sending emails with whole sentences in capital letters and key phrases highlighted in colour, according to a report on the Daily Telegraph website.

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August 21, 2009

Sharon Shoesmith circus continues

Not content with claiming unfair dismissal in the employment tribunal, Shoesmith commenced judicial review proceedings earlier this year, alleging that Ed Balls, Education Secretary, exceeded his powers in the role that he played in her dismissal. The High Court has fast tracked Shoesmith's legal challenge and is set to hear her judicial review application on 7 October 2009.

Shoesmith's lawyers will argue that Mr Balls effectively directed Haringey Council to dismiss her without pay, and was influenced by media pressure. Read more on the Times website.

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

August 20, 2009

Compensation for sacked christian bookshop employees

Employees of the christian bookshop chain SPCK who brought tribunal claims after being sacked by the shops' new owners, have accepted a substantial offer of compensation, according to USDAW, the union representing them.

The saga following the transfer of the business to a charity run by two American brothers could be seen as a bad practice guide for employers, showing how not to handle a business transfer, variation of contracts, dismissals or the response to subsequent tribunal claims.

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Susie Munro | | Comments (0) | TrackBacks (0) |

July 31, 2009

Addressing dip in staff morale

Leslie Strathie, appointed chief executive of HM Revenue and Customs at the tail end of last year, has announced that she is commissioning a cultural survey to examine what lies behind low staff morale at HMRC, as revealed by a number of surveys (ePolitix website).

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July 30, 2009

Football club chef wins constructive dismissal case

The head chef at Scottish football club Livingstone FC has successfully claimed constructive unfair dismissal because he was given instructions only in Italian, a language he doesn't understand. Following a takeover at the club by a new chairman, Angelo Massone, all business was carried out in Italian, leaving the English-speaking chef at a significant disadvantage.

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July 31, 2009

Top 10 HR questions - July 2009

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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.

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July 23, 2009

Retiring army twins notch up 100 years' service

Identical twins who have each served 50 years in the army after enlisting on the same day and having nearly matching careers are celebrating their retirement.

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July 14, 2009

Review of 65 default retirement age brought forward to 2010

The review of the 65 default retirement age is to be brought forward by a year to 2010, as the Government attempts to adapt to the changing economic circumstances.

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July 13, 2009

Solicitor's mandatory retirement case goes to the Court of Appeal

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).

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Susie Munro | | Comments (0) | TrackBacks (0) |

July 6, 2009

Default retirement age: Britain's oldest boss at 101

Personnel Today is currently running a campaign for the abolition of the default retirement age (on the Personnel Today Editors' Blog), which allows employers to compulsorily retire employees at 65. There can't be many better arguments for its abolition than the story of Phyllis Self, Britain's oldest boss at 101 (on the Daily Mail website).

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Alternatives to redundancy: radical proposals from BT and the CBI

We recently noted that UK employers hit hard by the 2009 recession are exploring a range of measures to stave off redundancies as long as possible, from pay freezes to short-time working. But more radical responses are starting to emerge, with BT and the CBI leading the way.

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July 3, 2009

Top 10 HR questions - June 2009

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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" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

June 30, 2009

Are you having a bad day?

Well, spare a thought for 31-year old Sean Daley from Bicester who was shot by unknown gunmen in Kyrgyzstan where he was employed to run a struggling mill. Mr Daley was sacked by his Caerphilly-based employer later that same day. I suspect you'd be hard pressed to top that but would be interested in hearing from you if could... Read more on the bbc.

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

June 29, 2009

Taking dress codes too far?

There has been a recent flurry of termination of employment relationships, as a result of disregard for employers’ dress codes put in place to promote health and safety.

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Bar Huberman | | Comments (4) | TrackBacks (0) |

June 24, 2009

Age Concern retirement case - High Court date

The High Court is to hear the Age Concern and Help the Aged legal challenge to the 65 default retirement age on 16 July.

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Joanna Stubbs | | Comments (0) | TrackBacks (0) |

June 22, 2009

Baby P doctor claims unfair dismissal

Dr Sabah Al-Zayyat was dismissed by Great Ormond Street Hospital after failing to examine baby P because he was "miserable and cranky". The 52-year-old paediatric consultant failed to spot baby P's broken spine that had been snapped "like a hinge" or his eight fractured ribs. He died two days later after being punched in the face. Dr Al-Zayyat is claiming that she was unfairly dismissed. The current ceiling on unfair dismissal compensation is £70,900 (basic award limit: £4,700, compensatory award limit: £66,200). Read more on the Telegraph website (external website).

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

June 15, 2009

Council loses £1 million lawsuit over former director's illness

The High Court has rejected Cheltenham Borough Council’s case against a former director who failed to disclose a history of depressive illness.

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Vicky Hoof | | Comments (0) | TrackBacks (0) |

June 5, 2009

Attention Gordon Brown!

As this week's wave of ministerial resignations approaches tsunami proportions (external website), XpertHR offers guidance of immediate utility to our nation's Prime Minister: How to handle resignations, redundancies and dismissal; How to act in the case of a sudden, acrimonious resignation; and Termination of employment: Letter responding to an employee's resignation (subscription required for each).
Michael Carty | | Comments (0) | TrackBacks (0) |

June 2, 2009

When a sitcom goes beyond a joke

What did you expect to read about? The Sydney Opera House, perhaps? The Hanging Gardens of Babylon? Herds of wildebeest sweeping majestically across the plain?

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This month's top 10 HR questions - May 2009

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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" »

Susie Munro | | Comments (0) | TrackBacks (0) |

May 15, 2009

Age discrimination: length of service as a redundancy selection criterion

The Court of Appeal has decided that collective agreements between Rolls Royce and trade union Unite could use an approach that gave more points to employees with longer service when deciding who should be made redundant, in an important age discrimination ruling.

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May 8, 2009

Game over for computer programmer

I am indebted to my colleagues at Computer Weekly for this tale of a computer programmer who managed to resign from his job by means of a computer game.
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May 5, 2009

This month's top 10 HR questions - April 2009

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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 empl