Archives

Archives / 2015 / February
  • Misconduct Investigations: Leave No Stone Unturned?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal

    When investigating an employee over alleged misconduct we are often asked the lengths to which an employer needs to go in examining the evidence before them prior to making the final decision of whether to dismiss, apply a lesser sanction such as a warning or indeed take no further action at all.

    While this is a difficult question to answer with blanket advice, as naturally each instance of alleged misconduct is different and some will require more investigation than others, the term ‘reasonable’ is invariably the go-to term used in the advice provided.

    In particular when an employer has a situation where the matter is factually heavy and there are a lot of avenues that could be explored, the question of whether the employer has to investigate every defence put forward by an … more

  • Breastfeeding and employer responsibilities

    Tags: Sex Discrimination, Employment Law, Health and Safety, Flexible Working changes 2014

    An increasing number of employers are receiving requests from women returning from maternity leave to provide them with “breastfeeding facilities” i.e. somewhere to either breastfeed or express and store breast milk. This has raised the issue of whether employers have a ‘legal obligation’ to provide such facilities, and where they are unable to do so, whether they are falling foul of the Equality Act 2010. 

    Firstly, it may come as a relief to some of you to learn that while the law requires an employer to provide somewhere for a breastfeeding employee to rest (including to lie down), there is no legal requirement to provide breastfeeding facilities. Neither is there a legal obligation to undertake a risk assessment for a breastfeeding mother returning to … more

  • Cumberbatched: The Importance of Terminology

    Tags: Discrimination, Race Discrimination, Employment Law, Employment Tribunal

    Many readers will have come across the incident in the wider media last week involving the actor Benedict Cumberbatch, wherein he used the term “coloured” to describe black actors while giving an interview on an American talk show. While he has since apologised profusely for use of the term, the furore that followed immediately after the initial remark has shined a light on attitudes to such terminology on both sides of the Atlantic.

    The irony of Mr Cumberbatch’s ill-chosen words were that they were used while he was in the middle of conveying a very commendable message regarding the difficulties facing black actors in the UK as relates to their American counterparts.

    The incident as a whole gave rise to much discourse via mainstream and social media as to the issue of … more

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  • LEGAL UPDATE: Payslips

    Tags: Payslips, Employment Rights Act 1996

    Issuing payslips is normally a routine process and you may not give a lot of thought to the legislation behind it.  In fact, the law imposes strict obligations on employers regarding what must be displayed in the payslip.

    What right does the law provide?

    The law states that an employee has the right to a written itemised payslip by their employer on or before pay day.

    Do I need to give it to everyone at my organisation?

    This right is provided to all employees. It does not extend to workers, contractors or freelancers.

    What should it include?

    The payslip, which can be provided electronically or in printed form, must include the following information:

    • the gross amount of wages or salary;

    • the amounts of any variable and any relevant fixed deductions and the … more

    

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