XpertHR employment law reference manual
Contributors and editors
Lynda A C Macdonald
Original and updating author Recruitment and
selection chapter.
Lynda A C Macdonald has written eight books
on various aspects of employment law and contributed to several online
employment services. Before becoming a freelance employment law adviser,
management trainer and writer, she worked for 15 years as a human resources
manager, gaining substantial practical experience of recruitment and selection,
employee relations, disciplinary and dismissal procedures and the application of
employment law.
Lynda is appointed as a panel member of the Employment Tribunal
Service in Aberdeen, where she lives. She is a Fellow of the Chartered Institute
of Personnel and Development and has an LLM degree in employment law.
www.lyndamacdonald.co.uk
Rob Davies
Consultant editor Recruitment and selection chapter ("Job
applicants with convictions" section).
Rob Davies is a professional support lawyer (PSL)
in the Labour & Employment team at Squire Sanders. He qualified as a
solicitor in 2001 and, prior to becoming a PSL in 2006, covered all areas of
contentious and non-contentious employment law. Rob's PSL role includes
preparing client training materials and publications, and writing for external
publications.
robert.davies@squiresanders.com
www.squiresanders.com
Annabel Mace
Consultant editor Recruitment and selection chapter ("Employing foreign nationals" section).
Annabel Mace is a solicitor and head of the UK
Business Immigration team at Squire Sanders. She has experience in all aspects
of business immigration having worked in this field since before 2000. Her
particular expertise is the overlap between immigration and employment law.
Annabel is a member of the Immigration Law Practitioners’
Association.
annabel.mace@squiresanders.com
www.squiresanders.com
Akua Reindorf
Original author Pay and benefits chapter.
Akua Reindorf is a barrister practising from
Cloisters Chambers. Her employment practice covers the whole range of the law
from unfair dismissal to race, sex and disability discrimination and TUPE. She
has undertaken pro bono training for racial equality councils and unions in
tribunal.
Akua undertakes advisory work in the employment field, and appears
regularly in the employment tribunal and the Employment Appeal Tribunal for both
applicants and respondents. Her cases of note include Alabaster v Woolwich
Building Society (Court of Appeal: maternity rights/jurisdiction of tribunal to
hear "stand-alone" European law claims), and Ahsan v Labour Party (race
discrimination in selection of local councillors).
Peter Arrowsmith
Updating author Pay and benefits chapter ("Basic pay and
benefits" and "PAYE" sections).
Peter Arrowsmith has practised as a national
insurance consultant since 1998, providing services nationwide to the
accountancy and tax professions, businesses of all sizes, training organisations
and publishers.
He has a wide breadth of accountancy and tax experience having
qualified in 1978 as a chartered accountant with a top 10 firm. He began to
specialise in national insurance in 1977.
He has been a member of the Employment Taxes and NIC committee of
the Tax Faculty of the Institute of Chartered Accountants in England and Wales
since 1999, having been chairman from 1999 to 2007. He was a member of the
National Insurance committee, which it replaced, from 1988 to 1999.
He is also consultant editor of Tolley’s National Insurance
Contributions annual and Tolley’s monthly Practical NIC newsletter.
Xhr@niconsultancy.co.uk
Kalpana Murthy
Updating author Pay and benefits chapter ("Pay and the
employment contract", "The national minimum wage" and "Itemised pay statements
and statements of fixed deductions" sections), Data protection chapter and Public interest disclosures (whistleblowing) chapter.
Kalpana Murthy is a freelance legal consultant and advises
employers on all aspects of employment law. She also prepares employment
contracts, policies and handbooks as well as writing articles and guidance
documents for clients and for publication. She has a number of years’ experience
in employment law, having worked in this field since qualifying as a solicitor
in 2001. From 2004 to 2009 she worked for city law firm Kemp Little LLP as an
employment solicitor.
murthykalpana@gmail.com
Kate Upcraft
Updating author Pay and benefits chapter ("Sick pay", "Guarantee payments", "Deductions from wages and attachment of earnings",
"Pensions" and "Key differences in Scotland and Northern Ireland"
sections) and Family-friendly rights chapter (“Maternity pay and maternity allowance”, “Paternity pay”, “Adoption pay” and “Key differences in Scotland and Northern Ireland” sections).
Kate Upcraft FCIPP was the Policy and Research
Manager at the Institute of Payroll Professionals (IPP) from 1999 to autumn
2005. In that role she was the Technical Editor of the Institute’s member
magazine and its chief lobbyist, representing it on many government consultative
groups.
She has now set up her own company and is a regular conference
speaker, trainer and writer on legislative issues, including tax and national
insurance and benefits. She is also a founder of TAKeUP Payroll Mentoring
offering mentoring support to payroll professionals.
Until early 2003 she was the Payroll Legislation Manager at Marks
& Spencer, for which she worked for 21 years, 12 of them in payroll.
Kate graduated with the IPP Diploma in Payroll Management in 1995,
was made an Honorary Fellow of the Institute in 2005 and was awarded the
Strathearn Award for Lifetime Achievement in the 2005 Pay Magazine awards. She
was voted one of the payroll top 50 in Payroll World magazine in 2009.
kupcraft@sky.com
www.kateupcraft.com
Paul Tew
Original author Pay and benefits chapter ("Key differences
in Scotland and Northern Ireland" section).
Paul Tew is a freelance writer, lecturer and
consultant. He has contributed to a number of key reference works aimed at the
HR/Payroll profession, as well as writing articles for both the national and the
payroll press. Paul has an extensive background in running, converting and
installing HR/Payroll systems for all sizes of employer within the public and
private sectors. He has, in recent years, specialised in PAYE and NIC compliance
issues.
paul.tew@tiscali.co.uk
Rebecca Johns
Updating author Discipline and grievances chapter and Continuous employment chapter.
Rebecca Johns is an associate in Fasken Martineau LLP (London) and is a member of the Employment practice group.
Rebecca advises on all aspects of employment law. She has extensive experience of advising multi-national corporates in a range of industry sectors and also financial services and insurance clients in both contentious and non-contentious employment matters.
Rebecca has substantial experience of advising clients on individual and collective redundancy situations, dismissals, and senior executive terminations, both nationally and internationally. Rebecca advises businesses involved in contentious matters and employee disputes, including the conduct of disciplinary and grievance procedures, and defending claims brought in the Employment Tribunal and the High Court.
Rebecca has considerable employment tribunal advocacy experience, having completed a six-month secondment as a tribunal advocate.
Marc Meryon
Original and updating author Industrial
relations chapter.
Updating author Employee rights chapter and the "Safety
Training" and "Training: the employer's obligations" sections of
Training and development chapter.
Marc Meryon is a partner and Head of Industrial
Relations at Evershedxs. Marc qualified as a solicitor in 1991 and has
specialised in employment law and industrial relations since 1994. Marc is
recognised in Chambers and the Legal 500 as an expert in industrial relations
and frequently comments on this area in both broadcast and print media,
including BBC News, the Today Programme, Sky News, CNBC, the Financial Times and
the Guardian.
Marc acts for a large number of household names in the
manufacturing, postal, transport, healthcare, charities, professional and
financial services sectors advising on effective organisational change in a
unionised environment, as well as managing and resolving industrial
disputes.
Marc acted for the employers in the Court of Appeal decisions on
strike ballots in Metrobus v Unite; Serco v RMT; and London
Midland v ASLEF.
Sarah Hogg
Updating author Working time chapter.
Sarah Hogg is an associate at Fasken Martineau LLP and is a member of the firm's employment practice group.
Sarah is admitted as a barrister and solicitor of the High Court of New Zealand and she joined Fasken Martineau in 2011 from a leading New Zealand law firm, Simpson Grierson.
Sarah has experience advising on all areas of employment law in the UK and New Zealand, both contentious and non-contentious, including employment contracts and policies, disciplinary processes and dismissals, restrictive covenants, restructurings and redundancy situations, employee disputes and grievance claims.
Sarah has advised clients across a range of industry sectors and has represented clients at the employment tribunal on matters ranging from dismissals to union disputes.
shogg@fasken.com
www.fasken.com
Peter Chandler
Original author Employee rights chapter and original
author Training and development chapter.
Peter Chandler is an independent employment law and health
and safety consultant, and a Fellow of the Chartered Institute of Personnel and
Development. He is the author of several books in these and related fields, and
currently contributes to a number of loose-leaf publications and magazines,
pocket guides and briefings.
Peter has lectured widely on employment law and industrial
relations, and was engaged for four years as a freelance consultant on a popular
employment law help line. In his earlier years he worked as both a frontline and
a backroom personnel specialist for a major British manufacturing company.
Kerry Viner
Original author Atypical workers chapter ("Agency workers”
section relating to the Agency Workers Regulations 2010).
Kerry Viner is a solicitor in Osborne Clarke's
specialist Recruitment Sector Team, which focuses on advising users and
suppliers of contingent workforce arrangements in the UK and internationally.
Alongside recruitment industry experts Frances Lewis, Kevin Barrow
and Deepa Parekh, Kerry's team advises on recruitment process outsourcing,
supply chain risk, workplace tax, liability and insurance aspects, as well as
the regulatory issues faced by recruitment businesses. Kerry has also advised on
the employment/worker status issues, VAT on staffing supplies and recruitment
business acquisitions.
Kerry regularly speaks at industry events including those held by
the Association of Professional Staffing Companies and Recruiter magazine. She
advises digital businesses and staffing companies on the use of social media in
recruiting and is working on a white paper for the Government on this topic.
Kerry was involved in consultations with the UK Government about
employment legislation affecting the use of temporary and contract staff. Kerry
qualified as an employment law solicitor before joining Osborne Clarke in 2010
to focus on legal issues specific to recruiting.
Susan Mayne
Updating author Atypical workers chapter.
Susan Mayne is an experienced employment lawyer who worked in the City for over 20 years, latterly at CMS Cameron McKenna. She is now a partner in AJS Employment Intelligence, which offers freelance tailored PSL services to law firms and in-house legal departments.
Susan has written extensively and is the editor of "Cross Border Transfers and Redundancies" (Tottel, 2004) and "Employment Law in Europe" (Butterworths, 2001). She has also contributed to several other books and publications.
John McMullen
Consultant TUPE chapter.
John McMullen is visiting professor of Durham University
and is the director of employment law at Wrigleys Solicitors. As well as
lecturing widely, John writes on the subject and his publications include the
leading work on the transfer of undertakings, Business Transfers and Employee
Rights. He has also contributed regularly to legal journals such as Industrial
Law Journal and Cambridge Law Journal, and to human resources journals such as
Personnel Today and People Management.
John is an internationally recognised expert on the transfer of
undertakings and the Acquired Rights Directive, and has been involved in some of
the largest transactions and cases involving the transfer of undertakings in
recent years. He is a Fellow of the Chartered Institute of Personnel and
Development and a Fellow of the Society for Advanced Legal Studies. In May 2004
John was appointed as a member of the Council of the Advisory Conciliation and
Arbitration Service.
Patrick Brodie
Updating author TUPE chapter.
Patrick Brodie is a partner at RPC LLP. He
focuses on restructuring and reorganisation across both the public and private
sectors and is recognised for resolving complex workforce issues. Patrick is a
previous winner of The Lawyer's employment team of the year award. Patrick’s
expertise extends to financial services regulation, whistleblowing and corporate
governance.
Olga Aikin
Original author Contracts of employment chapter.
Olga Aikin CBE has written regularly on
employment law for People Management magazine. A Fellow of the Chartered
Institute of Personnel and Development, she has written several books and has
edited a series on law and employment. Olga established the Aikin Driver
Partnership to advise on practical aspects of employment law and personnel
issues.
Jeremy Fitzgibbon
Updating author Contracts of employment chapter (“Formation
of the employment contract”, “Determining employment status”, “Types of
contract”, “Variation of contracts” and “Key differences in Scotland and
Northern Ireland” sections).
Jeremy Fitzgibbon qualified as a solicitor in
1988. He has specialised in employment law since 1995 and has headed the London
office of solicitors, Horsey Lightly, since joining the firm in 2005. He advises
employers and employees, and provides pro-bono advice at a North London law
centre.
Jeremy is a member of the Employment Lawyers Association.
jfitzgibbon@horseylightly.com
www.horseylightly.com
Barry Jameson
Updating author Contracts of employment chapter (“Written
statement of employment particulars”, “Express and implied contract terms” and
“Common contract terms” sections).
Barry Jameson has been an employment law
specialist since 1980. He has been a key part of the employment law team in
London and Newbury-based solicitors, Horsey Lightly since 2004. In 2000 he set
up the employment law department of his previous London firm (now) Cumberland
Ellis and expanded it over the following four years. He conducts seminars for
clients on a wide range of topics.
Barry is a member of the Employment Lawyers Association.
BJameson@horseylightly.com
www.horseylightly.com
Andy Thornton
Updating author Training and development chapter ("Investors in People" and "Government initiatives" sections).
Andy Thornton is the Merseylearn manager at
Merseytravel, the integrated transport authority on Merseyside, and is a part of
their Learning Team.
Merseytravel have a very active approach to skills development and
change management, and the Merseylearn project has received national and
international acclaim for the effectiveness of their partnership approach,
bringing together the resources of management, unions, Unionlearn and strategic
bodies such as Sector Skills Councils and the Skills Funding Agency, in addition
to being an Investors in People “Champion” organisation.
Andy has worked for Merseytravel for 22 years in a variety of
roles, including an operational manager and supporting Merseytravel’s change
programme.
He holds degree level qualifications in marketing and management,
a master’s degree in management development and has academic interests in
resistance to change and action learning.
Sue Nickson
Original author Equal opportunities chapter.
Sue Nickson is the partner in charge of the
national employment unit at Hammond Suddards Edge. She is co-author of a series
of handbooks on employment law.
Tina McKevitt
Updating author Equal opportunities chapter and "Equal pay"
section of the Pay and benefits chapter.
Tina McKevitt is a freelance writer on employment
law.
Following qualification as a solicitor she worked in private
practice in London and Sheffield before joining the National Union of Teachers
as regional solicitor for the Yorkshire/Midlands region. She has specialised in
discrimination and employment law since working as Principal Legal Officer at
the Equal Opportunities Commission from 1993 until 1997.
Tina has lectured at undergraduate level at Sheffield University
and Manchester University, and on the Legal Practice Course at Sheffield
University.
tinamckevitt@hotmail.com
Hilary Slater
Contributing author (2001 to 2006) to Equal
opportunities chapter and original author of the "Sexual orientation discrimination",
"Religion or belief discrimination" and "Age discrimination" sections of the
Equal opportunities chapter, and the "Equal pay" section of the Pay and benefits
chapter).
Hilary Slater is a solicitor specialising in
employment and discrimination law and a judge of the employment tribunals.
Prior to taking up her role as a salaried employment tribunal judge, she was a
consultant with Cobbetts solicitors, Manchester. She contributes to a number of
publications.
Hilary was a Principal Legal Officer with the Equal Opportunities
Commission (EOC) from 1994 to 2001. High-profile cases with which she was
involved include Hale v Governing Body of Whickham School (schoolgirl seeking
the right to wear trousers at school), Canniffe v East Riding of Yorkshire
Council ('reasonable steps' defence) and cases of discrimination against
transsexuals in the provision of services. Hilary qualified as a solicitor in
1988 and worked for McKenna & Co (now CMS Cameron McKenna), advising
corporate and individual clients on all aspects of employment law, before
joining the EOC.
Richard Bretton
Original author Health and
safety chapter.
Richard Bretton qualified as a solicitor in 1978
and has specialised in health and safety for over 20 years. Since 1993 he has
been a partner at Osborne Clarke and head of its Health, Safety and Regulatory
Unit.
Richard is rated by Chambers' Guide to the legal profession and
the Legal 500 as the leading health and safety lawyer in the South West and
Wales. He has advised a wide range of corporate clients, in both the private and
public sector, on health, safety and fire issues, and is an experienced lecturer
and trainer. Although Richard prefers to advise before things go wrong, he has
very wide experience of enforcement procedures and criminal proceedings and has
acted in many recent high-profile cases.
richard.bretton@osborneclarke.com
www.osborneclarke.com
Andrea Tithecott
Updating author Health and
safety chapter.
Andrea Tithecott qualified as a solicitor in 1992 and specialises in health and safety law. She is a senior associate at Osborne Clarke and is head of its Health and Safety Team.
Andrea is rated by the Legal 500 as a leading health and safety lawyer. She has advised a wide range of clients, in both the private and public sector, on health, safety and fire issues and has acted in a number high-profile cases. She also has experience of dealing with a corporate manslaughter investigation.
andrea.tithecott@osborneclarke.com
www.osborneclarke.com
Julian Hoskins
Original author Termination of employment chapter (joint
contributor).
Julian Hoskins is the head of Bevan Brittan's
employment law department. He practised at the Bar for eight years on qualifying
in 1987 before joining Bevan Brittan (Bevan Ashford as it was then) in 1995.
Julian specialises in advising HR professionals on both contentious and
non-contentious employment issues including reorganisation, executive
termination, internal policies and procedures, sex, disability and race
discrimination, unfair dismissal, transfer of undertakings and the
implementation of new legislation.
Julian has acted as advocate in a number of reported cases in the
Employment Appeal Tribunal and appears regularly in tribunals throughout the
country. Julian also has a great deal of experience of lecturing on employment
issues both in-house and externally to clients and is recommended as a leader in
the field of employment law in Chambers Guide to the Legal Profession.
julian.hoskins@bevanbrittan.com
www.bevanbrittan.com
Sarah Lamont
Original author Termination of employment chapter (joint
contributor).
Sarah Lamont is a partner in Bevan Brittan's
employment law department. She advises a wide range of predominantly employer
clients, including national and multinational companies, on all aspects of
employment law such as contractual issues, all types of discrimination claims,
outsourcing, facilities management, reorganisations, redundancies, all types of
discrimination claims, TUPE, PFI and negotiation of boardroom disputes. She has
also handled a number of high-multiple and high-profile tribunal cases. Sarah
has a great deal of experience of speaking at conferences and seminars and
co-authors four employment texts including a specialist guide to PFI. She is
recognised by both Chambers Directory and the Legal 500 as a leader in the field
of employment law.
sarah.lamont@bevanbrittan.com
www.bevanbrittan.com
Max Winthrop
Updating author Termination of employment chapter.
Max Winthrop is a partner and head of the
Employment team at Short Richardson & Forth LLP, a Newcastle firm with a
national presence in discrimination and employment law. Noted by both "Chambers
Guide to the Legal Profession" and the ”Legal 500” as a leading practitioner in
employment, Max regularly appears in tribunals up and down the country, in the
EAT, and has prepared cases for the Court of Appeal. Before qualifying as a
solicitor, Max spent six years with a London-based construction industry trade
association dealing with industrial relations issues, then moved north to
qualify as a solicitor. Employment cases have featured predominantly from the
start of his career, but from 1999, on joining Short Richardson & Forth LLP,
Max has practiced exclusively in employment and discrimination.
Max is a member of ELA, the Industrial Law Society, and is
secretary of the Newcastle Employment Tribunal Users Group.
mw@srflegal.co.uk
www.srflegal.co.uk
Sara Bean
'Questions and answers' author, Chapters 1, 2, 5, 6, 8 and
9.
Kate Stanbury
'Questions and answers' author, Chapters 3, 4 and 7.
Clio Springer
Clio Springer is an editor and writer for XpertHR
and edits sections of the employment reference manual. Prior to joining XpertHR
in 2007 she worked in an employment consultancy department, giving advice to
employers on a range of employment-related issues and doing consultancy work.
She has also worked as a senior editor with Croner.CCH, editing a number of
products including Croner’s Employment Law and giving telephone advice to
employers. She is a member of the CIPD.
Jeya Thiruchelvam
Jeya Thiruchelvam is an employment law editor for
XpertHR. Jeya worked on the North Wales Child Abuse Inquiry and the Bloody
Sunday Inquiry prior to qualifying and practising as a solicitor specialising
exclusively in employment law from 2002 to 2008. She advised both employers and
employees on all aspects of employment law including unfair dismissal, sex, race
and disability discrimination and pregnancy and maternity related issues. Jeya
regularly presented at training seminars and also wrote for a number of regional
publications prior to joining XpertHR.
Susie Munro
Susie Munro is an employment law editor for
XpertHR and edits the local authority version of the employment reference
manual. Susie qualified as a solicitor in 2004 and worked in private practice in
Birmingham, specialising in employment law. Prior to joining XpertHR she worked
for Age Concern England writing legal information materials and providing advice
and training, particularly on age discrimination in employment.
John Read
John Read is editor of the international section
of XpertHR employment reference manual. He is an employment law editor, taking a
particular interest in developments in discrimination, and the potential
conflict between the various protected characteristics. Prior to joining
XpertHR, he trained and qualified as an employment lawyer in London. He has also
practised in Salisbury and Southampton.
Joanna Stubbs
Joanna Stubbs is editor of the XpertHR employment
reference manual and has day to day responsibility for the editorial management
of the whole XpertHR service. She is also editor of IRS Employment Law Bulletin.
Before joining XpertHR, she was a senior editor in the employment law and HR
publishing centre at Croner.CCH. In that role she edited a variety of
loose-leaf, online and CD-Rom products including Croner's Employment Law and
Discrimination Law manuals. She has an LLM (Distinction) in employment law in
practice.