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.


content icon
FAQs: The use of reservists during the Olympics
Date: 23-05-2012

Additions to the FAQs section cover how the use of members of the reserve forces during the Olympics will affect employers. 


content icon
How to manage an agency worker who is pregnant or a new mother
Date: 23-05-2012

The XpertHR "how to" section provides guidance for employers on the maternity rights of agency workers, such as rights relating to health and safety, time off for antenatal appointments and protection from discrimination. 


content icon
Human rights: NHS trust's decision to dismiss doctor did not engage right to fair and public hearing
Date: 22-05-2012

The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights. 


content icon
Unfair dismissal qualifying period: case study 1
Date: 21-05-2012

We provide a case study around the unfair dismissal qualifying period. 


content icon
Podcast: Unfair dismissal qualifying period exceptions; and imprisonment and dismissal
Date: 18-05-2012
XpertHR Weekly

On this week's XpertHR Weekly, we discuss some of the circumstances in which a dismissed employee does not require a period of qualifying service in order to claim unfair dismissal. We also discuss the employment tribunal and Employment Appeal Tribunal decisions in Prior v City Plumbing Supplies Ltd EAT/0535/11, in which an employee was dismissed after being sent to prison for breaking a restraining order. 


content icon
International guide updates: May 2012
Date: 18-05-2012

Updates to XpertHR's international section this month include changes to the Belgium and Greece guides. 


content icon
XpertHR adds more events to HR calendar
Date: 17-05-2012

Our 2012 calendar covers: forthcoming legislation and cases on appeal; XpertHR surveys, conferences and events; religious festivals; bank/public holidays; training dates; and much more.


content icon
Employee unfairly dismissed for imprisonment guilty of contributory conduct
Date: 17-05-2012
The Employment Appeal Tribunal has affirmed the employment tribunal’s decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct. 


content icon
Employment law manual update: new family-friendly rights chapter
Date: 17-05-2012

The XpertHR employment law manual has been enhanced by the addition of a new chapter on family-friendly rights. 


content icon
Outlook video: Temporary change to the rules on opting out of Sunday working
Date: 17-05-2012

XpertHR's head of content Jo Stubbs and senior employment law editor Clio Springer discuss the temporary change to the rules on opting out of Sunday working over the period of the Olympic and Paralympic Games.


content icon
Olympics: employer guidance
Date: 16-05-2012

To help employers deal with any issues that arise in the run-up to, and during, the Olympic and Paralympic Games, we have gathered together information from XpertHR on the subject, along with links to external resources for employers. 


content icon
Government consults on repeal of Equality Act third-party harassment provisions
Date: 15-05-2012

The Government is consulting on proposals to repeal the third-party harassment provisions in the Equality Act 2010. 


content icon
Government proposes repeal of discrimination questionnaires and tribunals' wider recommendation powers
Date: 15-05-2012

The Government is consulting on the repeal of provisions in the Equality Act 2010 that prescribe questionnaires for an individual who thinks that he or she has been discriminated against to gather information from an employer, and those that give employment tribunals the power to make wider recommendations in discrimination cases. 


content icon
Unfair dismissal qualifying period: exceptions
Date: 14-05-2012

We look at some of the reasons for dismissal that do not require a period of qualifying service for the dismissed employee to be able to lodge an unfair dismissal claim. 


content icon
Podcast: Claims in the NHS; and market-pay comparisons
Date: 11-05-2012
XpertHR Weekly

On this week's XpertHR Weekly, we discuss employment tribunal decisions concerning disputes in the NHS relating to: a trust's decision to link pay progression to employees' sickness absence levels; an employee's breach of patient confidentiality; and the provision of rest breaks for a diabetic employee. We also discuss the findings of the XpertHR 2012 survey on using market-pay comparisons. 


content icon
Tribunal update: NHS trust's decision to withhold pay progression for staff ruled unlawful
Date: 11-05-2012

We provide a summary and the full transcript of an interesting recent employment tribunal ruling involving an NHS trust's decision to withhold pay progression for staff who reached a sickness absence trigger, which was ruled unlawful. 


content icon
Case report round-up: Reference raising unsubstantiated concerns was not unfair
Date: 11-05-2012

The Court of Appeal held that a reference that raised unsubstantiated concerns about an ex-employee's performance was not unfair, in one of the latest case reports added to XpertHR. 


content icon
Sunday working during Olympics: new model letter, FAQ and quick reference
Date: 11-05-2012

A new model letter, FAQ and quick reference dealing with opt-out notices relating to Sunday working during the Olympics have been added to XpertHR. 


content icon
Queen's Speech includes employment law reform
Date: 10-05-2012

Laws aimed at restoring economic stability and reducing the budget deficit feature in the Queen's Speech, which sets out the Government's legislative agenda for the coming year. The Queen's Speech also confirms the Government's commitment to reform the employment tribunal system and extend family-friendly rights by making parental leave more flexible.


content icon
Claims against the NHS: employment tribunal decisions
Date: 10-05-2012

In the wake of two employment tribunal decisions in which former NHS employees were awarded compensation of nearly £4.5 million and £1 million, we report five cases addressing various employment disputes that arose in the NHS. 


content icon
Holiday and sick leave: carry-over period for untaken holiday of nine months unlawful
Date: 09-05-2012

The European Court of Justice has held that German legislation allowing for a carry-over period for untaken holiday of nine months, with the result that public servants forfeit their leave if it has not been taken within the period of nine months after the end of the leave year because of sickness, is unlawful. 


content icon
Unfair dismissal qualifying period: overview
Date: 09-05-2012

We explain the effect of the recent change in the unfair dismissal qualifying period. 


content icon
What does the Seldon retirement decision mean for employers?
Date: 09-05-2012

Consultant editor Darren Newman argues that the significance of the Supreme Court decision in the Seldon retirement case lies in the wider implications of the fact that justification of direct age discrimination must be based on social policy objectives.


content icon
TUPE transfers: new model documents on election of employee representatives
Date: 09-05-2012

New documents to complement the XpertHR Liveflo on electing representatives for TUPE consultation include a model letter to affected employees confirming details of the forthcoming election of employee representatives and an example ballot paper to send to affected employees to vote for their favoured candidates. 


content icon
Podcast: Impact of the Agency Workers Regulations 2010
Date: 04-05-2012
XpertHR WeeklyOn this week's XpertHR Weekly, we discuss the findings of the XpertHR survey on the impact of the Agency Workers Regulations 2010 (SI 2010/93), including: the adminstrative burden created by the Regulations; how employers have responded to the requirement to afford agency workers equal treatment on their completion of 12 weeks' service; how employers are keeping track of how much service an agency worker has accrued; and the anti-avoidance provisions in the Regulations.


content icon
Case report round-up: Second notice of dismissal constituted a new notice and not a unilateral variation of the first
Date: 04-05-2012

The EAT held that the employer's second notice of dismissal to a redundant employee constituted a new notice rather than a unilateral variation of the first, with the result that the employee did not have the required one year's service to claim unfair dismissal, in the latest case report added to XpertHR. 


content icon
New line manager briefing on part-time workers
Date: 04-05-2012

The most recent addition to our popular line manager briefing service provides guidance on the law applicable to part-time workers and how to manage them. 


Top