Archives

Archives / 2015 / September
  • The autumnal employment law six-point checklist

    Every autumn employers need to prepare for new employment law changes, this autumn is no different. Given that the new legal changes commence tomorrow, I thought I will set out a quick check list for you. 

    1. National minimum wage increases

    The national minimum wage hourly rate increase from £6.50 to £6.70 for adults from 1 October. The rates also increase for young workers and apprentices. Please do refer to our rates table. 

    2. Referrals under the new Fit for Work service

    Under the Government’s new Fit for Work service (FFW) employers will soon be able to refer an employee for a free occupational health assessment when the employee has been absent from work for at least four weeks. Occupational health advice can be obtained through the FFW website and … more

  • 5 tips to avoid an unfair dismissal claim

    Tags: Unfair Dismissal, Disciplinary process, Employment Law, Employment Tribunal

    Unfair dismissal claims, remain to be the most common types of claims pursued in Employment Tribunals (ET), so here are 5 tips to ensure that any dismissal is fair: 

    1. Always follow the ACAS Code relating to disciplinary procedures which requires you: 

    • Carry out a careful and fair investigation of the issues;

    • Inform your employee of the issues of concern in writing setting out a date for a disciplinary hearing and informing them of their right to be accompanied;

    • Conduct a disciplinary hearing, ensure minutes are taken and agreed;

    • Allow your employee a reasonable opportunity to ask questions, present evidence and call witnesses (if appropriate);

    • Inform your employee, in writing, of the disciplinary outcome and provide them with the … more

  • Managing your social media: Employee LinkedIn accounts

    Tags: Social Media, Employment Law, Employment Tribunal

    In the last day or so a furore has erupted following the now much publicised incident between a 27 year-old female Barrister, Charlotte Proudman, and Alexander Carter-Silk, a 57-year old Senior Partner at City firm Brown Rudnick,.

    For those that have somehow avoided this now quite viral story, Miss Proudman sought to connect with Mr Carter-Silk via the ubiquitous business networking site ‘Linkedin’. Mr Carter-Silk upon accepting this request to connect, passed comment on Miss Proudman’s profile picture stating that it was ‘stunning’ and that she would ‘win the prize for the best Linkedin picture I have seen’.

    Miss Proudman subsequently posted the exchange and her response on Twitter, and the matter has now escalated into a very public debate … more

  • Choice of companion at disciplinary hearing: who can you have?

    Tags: Disciplinary Procedure, Employment Law, Employment Tribunal, Accompanied

    It is fair to say that when it comes to the unfortunate business of disciplinary matters that a great many employers and employees are aware in advance as to the level of support an employee may have in the room during the relevant meeting(s).

    The statutory minimum provides that a work colleague or trade union representative may be brought in by the employee being disciplined as a companion, an officious note taker and asker of questions that otherwise may not have been asked. Legally compliant employment contracts and disciplinary policies generally echo this position of course.

    There are however occasions where individuals find that they are without either the support of a trade union or an appropriate colleague. In such circumstances we often get the common question as to can the … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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