Welcome to the Personnel Online News section.
02 March 2016
The Government has issued for consultation the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will introduce mandatory gender pay gap reporting on an annual basis for private and voluntary sector employers with 250 or more employees.
26 January 2016
2015 has seen major employment law developments in the UK and 2016 is shaping up to be an equally challenging year in the HR arena.
13 November 2015
Adeshina v St George's University Hospitals NHS Foundation Trust and others – 1st May 2015
The claimant, a prison service pharmacist, faced allegations of unprofessional and inappropriate misconduct. Following a procedurally defective disciplinary process she was dismissed. One of the procedural failings was that the manager hearing the appeal made a decision partially relying upon matters which had not been put to the claimant. The claimant appealed against the dismissal.
13 November 2015
Federación de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security SL and another – 1st September 2015
This Spanish case involved technicians who, following the closure of regional offices, were assigned to a central office in Madrid and travelled to particular provinces in Spain installing and maintaining security systems. As a result of the decision to close the regional offices the technicians no longer attended an office at the start and end of each day but travelled directly to and from customers’ premises. Issues arose about what counted as working time.
12 November 2015
On the 5th October 2015, the Chancellor announced that he will extend shared parental leave and pay to working grandparents.
The planned changes will increase flexibility and choice in parental leave arrangements and support working parents with the costs of childcare during the first year of a child’s life.
12 November 2015
Important dates to be aware of: Claims for arrears of holiday pay limited to two years, Fit for Work service in place, Changes to health and safety requirements for self-employed workers, Ban on smoking in private cars carrying a person aged under 18 comes into force, National Minimum Wage (Amendment) Regulations 2015 come into force & Employment tribunals lose power to make wider recommendations in discrimination cases.
05 June 2015
One of the more tiresome issues for managers in SMEs without a dedicated HR function is that of the employee who is off sick. Often the priority is to cover the individual's absences rather than proactively manage the reasons for them. When pressing productivity takes precedence, procedures available through the Company Sickness Absence Policy can be overlooked.
19 January 2015
Regulations came into force on 1 December 2014 for qualifying parents of babies born on or after 5 April 2015, and adoptive parents with the equivalent adoption date, to give more flexibility to parents in caring for their new child in the first year of its life.
06 November 2014
On 4 November the long-awaited decision of the Employment Appeal Tribunal in the case of Bear Scotland v Fulton & Others was released.
07 July 2014
Religious discussions, of whatever shade, are always a delicate and generally best avoided topic in the workplace. There is however obviously a need to ensure that workers are free to have their beliefs or lack thereof and that the relevant employer takes no umbrage at this fact. Naturally when a clash of ideologies occurs in the workplace, the employee is protected by virtue of religion and belief discrimination provisions of the Equality Act 2010.
19 May 2014
Dealing with employees with long-term health problems has historically been and remains a difficult task for even the most legally savvy employer, particularly when the employer has arrived at the conclusion that the relevant employee needs to be replaced permanently.
24 April 2014
Holiday pay: employers are sometimes reluctant to pay it and employees are almost always militant in asserting their statutory right to receive it. In many sales roles in the UK however there has long been the sense from the employee side of the argument that commission, which can often form the majority of a salesperson's remuneration package, should be factored into the holiday pay calculations undertaken by payroll.
17 March 2014
The use of warnings as a disciplinary tool by employers and the litigation that can sometimes result from this can be a rather confusing area of employment law. This may well be due to the historic alterations in the relevant law.
12 March 2014
As of 6th April 2014, any individual wanting to make an Employment Tribunal claim must contact ACAS first. That can be the start of a month-long process of conciliation to see if the matter can be resolved through ACAS. This means that BOSS Federation/BOSS members will now find themselves contacted by ACAS before they know anything about any claim from an employee or ex-employee.
18 February 2014
Observant readers will recall that back in August 2013 we reported on the highly pertinent issue of an employee's right to be accompanied to a disciplinary or grievance hearing. The case illustration was that of Toal v GB Oils Ltd which considered the position when an employee is refused their first choice of companion. The Employment Appeals Tribunal ("EAT") decided this would amount to a breach of the statutory right to be accompanied under section 10 of the Employment Relations Act 1999.
16 January 2014
An employer's duty to make reasonable adjustments for a disabled employee only arises where the employer knows, or is reasonably expected to know, that the relevant employee is suffering from a disability, and so as a result is likely to be placed at a substantial disadvantage.
21 November 2013
Dealing with resignation by employees is a natural and unavoidable part of being an employer. Issues can however arise in respect of the form that such resignations can take, specifically the ambiguous language that some employees tend to use when quitting employment.
18 October 2013
Whilst not an Employment Law case, Halliday v Creation Consumer Finance gives welcome clarity over the level of damages that should be awarded if anyone (including employers) breaches the Data Protection Act.
16 October 2013
A claim heard in the European Courts has added an interesting twist on the eternally evolving issue of parental rights. In Case C-167/12 - CD v ST the claimant, together with her partner, had a child through a surrogate mother. The claimant started nursing the infant within an hour of the birth and the couple were granted a Parental Order. She lodged a claim against her employer after being denied paid maternity and adoption leave on the grounds that she did not give birth neither did she adopt a child.
12 September 2013
You have just taken on a new employee from your main competitor. Shortly after they commence their employment at your firm they come into your office, quietly close the door behind them and present you with the Sage database of your competitor, what do you do?