Welcome to the XpertHR employment law service - providing legal news, quick and accurate reference and detailed guidance tailored to the needs of the HR professional.


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Podcast: Sex discrimination and employee assistance programmes
Date: 03/09/2010

XpertHR WeeklyOn this week's XpertHR Weekly, we discuss: the employment tribunal decision in Furlong v BMC Software Ltd ET/2701283/09, which dealt with Ms Furlong’s claims for sex discrimination, sexual harassment and victimisation (in relation to a "protected act" under the Sex Discrimination Act 1975); and how to get the most out of employee assistance programmes.


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Weekly dilemma: Derogatory comments by employees on social websites
Date: 03/09/2010

This week's dilemma concerns employees who post derogatory comments about their employers on social websites. 


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Case report round-up: Blind employee was not allowed to withdraw disability concession
Date: 03/09/2010

The EAT held that a blind claimant could not withdraw her concession that she is not disabled under disability discrimination legislation, in one of the case reports added to XpertHR this week. 


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Tribunal update: Use of and discussions about lap dancing and prostitutes was discrimination
Date: 03/09/2010

We provide summaries of recent employment tribunal rulings, including a woman who suffered discrimination as a result of her employer's use of, and discussions about, lap dancing and prostitutes. 


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Unfair dismissal: employer's ability to pay should not influence employment tribunal award
Date: 02/09/2010

The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee. 


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How to choose and apply redundancy selection criteria
Date: 02/09/2010

This guide in the XpertHR "how to" section explains the options employers have when choosing selection criteria and the issues to keep in mind to avoid discrimination and ensure that any subsequent dismissals are fair. 


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Equality Act 2010: new secondary legislation supports definition of disability
Date: 01/09/2010

The Government has published the Equality Act 2010 (Disability) Regulations 2010, which include provisions that support the definition of disability in the Equality Act 2010 coming into force on 1 October 2010. 


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Employment law manual updates - contracts
Date: 31/08/2010

The contracts chapter of the XpertHR employment law manual has been updated to reflect recent case law concerning express and implied terms. 


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Equality Act 2010: XpertHR resource pack
Date: 31/08/2010

With most of the core provisions of the Equality Act 2010 due to come into force in October 2010, HR departments need to get to grips with the new legislation. We round up the relevant information on XpertHR that your HR team need to know, including a series of FAQs on equal pay, model policies and documents relating to equal opportunities and an Outlook video on changes to the law on disability discrimination. 


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Podcast: Heated resignations and negative comments on social media sites
Date: 27/08/2010

XpertHR Weekly

On this week's XpertHR Weekly, we discuss how to deal with the situation where an employee has posted negative comments about his or her employer on a social networking site, and discuss recent employment tribunal decisions in Ashby v Moniz and another t/a La Baguette ET/1102901/2009 and James and another v Sullivan and another t/a The Pound Store ET/1400950/2009 & ET/1401045/2009, which both deal with heat of the moment resignations/dismissals.


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Case report round-up: Private sector employee not entitled to legal representation at disciplinary hearing
Date: 27/08/2010

The High Court held that a private sector employee had no right to legal representation at a disciplinary hearing, in one of the case reports added to XpertHR this week. 


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Tribunal update: Employee fairly dismissed for rubbing plate of toast over his manager's head
Date: 27/08/2010

We provide summaries of recent employment tribunal rulings, including an employee who was fairly dismissed for rubbing a plate of toast over his line manager's head. 


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New FAQs on derogatory comments posted on social networking sites
Date: 27/08/2010

Additions to the FAQs section cover derogatory comments about an employer's organisation posted on a social networking site. 


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Government issues draft guidance on definition of disability in Equality Act 2010
Date: 26/08/2010

The Government has launched a consultation on draft guidance on matters to be taken into account in determining whether or not an employee is disabled under the Equality Act 2010.


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How to decide which employees to include in a redundancy pool
Date: 26/08/2010

This article from the XpertHR "how to" section gives practical guidance on the factors employers should consider when deciding which employees to include in a redundancy selection pool, including considering employees doing different types of work, or employees from different parts of the organisation. It also deals with practical issues relating to part-time and fixed-term employees. 


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EAT considers test in claims of less favourable treatment of fixed-term employees
Date: 24/08/2010

The Employment Appeal Tribunal has given a rare appellate judgment considering the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.


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Government consults on the public sector equality duty
Date: 24/08/2010

The Government Equalities Office has launched a consultation on the public sector equality duty under the Equality Act 2010. The consultation document is asking for views on draft regulations on the specific equality duties, and on which public bodies will be subject to those duties. 


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Varying contracts: case study 2
Date: 23/08/2010

Our case study looks at the impact of the collective consultation provisions on an employer that wishes to vary its employees’ pay. 


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Podcast: Compensation in discrimination cases; disciplinary investigations
Date: 20/08/2010
XpertHR Weekly

On this week's XpertHR Weekly, we discuss the Employment Appeal Tribunal guidance issued in St Andrews Catholic Primary School and others v Blundell EAT/0330/09 on remedies for discrimination claims including injury to feelings awards, aggravated damages and tribunal recommendations, and give practical advice on how to conduct a fair investigation into a disciplinary matter.  


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Case report round-up: Previous incident was relevant to decision to dismiss for misconduct
Date: 20/08/2010

The EAT held that, when deciding whether or not to dismiss an employee for misconduct, an employer was entitled to take into account a similar previous incident for which she had not been disciplined, in the latest case report added to XpertHR. 


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Tribunal update: Facebook entry and YouTube video led to dismissal
Date: 20/08/2010

We provide summaries of recent employment tribunal rulings, including a woman who was dismissed as a result of a Facebook entry and YouTube video. 


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How to deal with an employee who has posted negative comments about the organisation on a social networking site
Date: 20/08/2010

The XpertHR "how to" section gives practical guidance on the steps employers can take when dealing with an employee who has posted negative comments about the organisation on a social networking site. 


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New model letters on disciplinary investigations
Date: 19/08/2010

The XpertHR policies and documents service provides new model letters on disciplinary investigations, including a model letter requesting that an external witness provide a witness statement. 


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New FAQs on SMP, pregnant employees and fixed-term contracts
Date: 19/08/2010

Additions to the FAQs section cover statutory maternity pay, risk assessments for pregnant employees, and the termination of fixed-term contracts.


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Latest developments from across Europe
Date: 19/08/2010

We report on a new draft Directive on non-EU seasonal workers, an agreement that regulates an emerging form of work in France, and a key court ruling on collective bargaining in Germany. 


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Weekly dilemma: Disciplinary proceedings during police investigation
Date: 18/08/2010

This week's dilemma looks at an employer's options regarding disciplinary proceedings where the allegations are also the subject of a police investigation. 


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EAT provides guidance on remedies for discrimination claims
Date: 17/08/2010

The Employment Appeal Tribunal has provided guidance on remedies for discrimination claims including injury to feelings, aggravated damages and recommendations issued by tribunals. 


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Equal opportunities employment law manual updates
Date: 17/08/2010
The equal opportunities chapter of the XpertHR employment law manual has been updated to reflect recent case law dealing with disability discrimination and equal pay. 

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Varying contracts: case study
Date: 16/08/2010

We provide a case study that looks at a situation in which an employer wishes to vary its employees’ contracts. 


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Podcast: Varying contracts; depression and disability discrimination
Date: 13/08/2010
XpertHR Weekly

On this week's XpertHR Weekly, we discuss: the possible consequences of unilaterally varying an employee's contract of employment and how to achieve a lawful variation; and recent employment tribunal decisions where it was alleged that the employer committed disability discrimination against an employee with depression.


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Tribunal update: Driver fairly dismissed on suspicion of drinking alcohol
Date: 13/08/2010

We provide summaries of recent employment tribunal rulings, including a driver fairly dismissed on suspicion of drinking alcohol while delivering volatile acid. 


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How far should an employer go in investigating a disciplinary issue?
Date: 13/08/2010

Most employers will be aware that, to justify a misconduct dismissal, an employer must have an honest belief in the employee's guilt, based on reasonable grounds, following as much investigation into the issue as was reasonable in the circumstances. As consultant editor Darren Newman explains, the issue of just what a "reasonable" investigation looks like was reopened in the case of Salford Royal NHS Foundation Trust v Roldan


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Case report round-up: Employer had discretion to delay disciplinary proceedings
Date: 13/08/2010

The EAT held that an employer had discretion to delay disciplinary proceedings pending a police investigation, in one of the case reports added to XpertHR this week. 


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Disability discrimination and depression: employment tribunal decisions
Date: 12/08/2010

This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer committed disability discrimination against an employee with depression. 


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New model documents on bonuses, discipline, retirement and flexible working
Date: 12/08/2010

New model documents include a bonuses policy, letters relating to disciplinary and retirement appeal hearings, and a form for an employee to withdraw a statutory flexible working request. 


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Government consults on future of study or training requests
Date: 11/08/2010

The Government is consulting on whether it should repeal the statutory right to make a request in relation to study or training, keep it in its current form, extend it as planned in April 2011, or amend it to reduce the burden on employers. 


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Weekly dilemma: Changing terms and conditions
Date: 11/08/2010

This week's dilemma looks at an employer's options when it wishes to make changes to employees' terms and conditions of employment.


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