Contents tagged with Employment Law

  • An Employment Lawyers View of Mental Health First Aiders

    Tags: Equality Act 2010, Disability Discrimination, Employment Law, Mental Health, Employment Solicitors, Employment Advice, Mental Health First Aid, Mental Health Awareness Week

    As its Mental Health Awareness week, Samira Cakali tells us what it’s like to be a mental health first aider. She discusses how the scheme can not only boost wellbeing but potentially save lives.

    What is MHFA England?

    Mentalhealth first aid training courses (‘MHFA’) came to England in 2007 as part of a national approach to improving public mental health. It is the vision of MHFA England to train one in ten people in MHFA skills, because we all have mental health.  Its aim is to empower people through education to take care of themselves and others. By reducing stigma through understanding, MHFA England hope to break down barriers to the support that people may need to stay well, recover, or manage their symptoms – to thrive in learning, work and life.

    Why … more

  • How To Deal With Sexual Harassment Complaints At Work

    Tags: Harassment, Victimisation, Sexual Harassment, Employment Law, Employment Tribunal, Employment Solicitors, Employment Advice

    What do employers need to know about handling complaints regarding sexual harassment? Emma Roberts outlines the appropriate steps to take in response to a complaint about sexual harassment in the workplace.

    Should The Alleged Harasser Be Suspended?

    In some cases, suspension will be an appropriate measure to take but it will depend on the nature of the allegations and whether those involved work in close proximity. 

    Suspension should never be a ‘knee-jerk’ reaction but should only result from careful consideration of the circumstances, including the seriousness of the allegations and whether the alleged harasser’s presence at work could inhibit a fair and proper investigation.  

    Temporary reallocation of duties or the alteration of working hours might … more

  • Three Mistakes Employers Make Handling Grievances

    Tags: Employment Law, Employment Solicitors, Employment Advice, Grievances, Grievance Procedure

    Grievances take a wide variety of forms. Handle it well and you can often avoid issues from escalating, and even increase the faith employees have in their employer. Handle it badly and anything from disillusionment to full blown litigation can follow. So, what are the top three mistakes that employers make when handling grievances?

    Too Formal Too Fast

    It’s that moment all employers and HR professionals dread: the letter from a member of staff cataloguing a long list of concerns; the call about a colleague’s behaviour; or the email complaining about the working environment. But the action taken on receiving a grievance is crucial.

    For example, take an employee who raises concerns to HR about what he sees as unfair criticism of his work from his manager. To immediately … more

  • 3 Things We Learnt In Law This Week (25 April 2019)

    Tags: ACAS, National Minimum Wage, Employment Law, National Living Wage, Payslips, Neurodiversity Guidance

    National Minimum Wage and Living Wage

    Rates increase this month. Make sure you're up-to-date. The new rates from 1st April 2019 are: 

    £8.21 per hour for ages 25 and over

    £7.70 per hour for ages 21 to 24

    £6.15 per hour for ages 18 to 20

    £4.35 per hour for school leaving age to 17

    £3.90 per hour for apprentices

    Payslips

    This month there are important changes to the Employment Rights Act 1996 affecting payslip information:

    Employers must include the total number of hours worked where the pay varies according to the hours worked, for example under variable hours or zero hour contracts.

    Payslips must be given to 'workers' and not just employees.

    New ACAS Neurodiversity Guidance

    Neurodiversity is a relatively new term that many people … more

  • 3 Things We Learnt In Law This Week (18 April 2019)

    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

  • Tips For Tackling Long-Term Sickness Absence

    Tags: Discrimination, Employment Law, Sickness Absence, Sickness Absence Policy, Long-Term, Sick Leave, Employment Solicitors, Employment Advice

    Dealing appropriately with employees on long-term sickness absence from the outset can help achieve an earlier return to work. Where a return is ultimately not possible, it will reduce the prospect of a dispute escalating. These are our top three tips for tackling long-term sickness absence:

    Follow Your Policy

    Make sure you have a clear absence management policy in place and ensure it is properly understood and applied in practice by your managers.

    A policy should set out the rights and responsibilities of the employee and the expectations of the employer in the event that an individual has to take time off. Entitlement to sick pay and any qualifying conditions for the payment of sick pay should be included.

    The policy should explain the reporting process and specify when a doctor& … more

  • 3 Things We Learnt In Law This Week (11 April 2019)

    Tags: Unfair Dismissal, Flexible Working, Employment Law, Employment Tribunal, Employment Appeals Tribunal, Gross Misconduct, Rest Breaks, Court of Appeal, Reasonable Adjustments, Employment Solicitors, Working Time Regulations

    Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed

    A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.

    On 10 October 2013, 28 files containing pornographic material were found on the cloud storage provided to employees. The police were informed and Mr Chokski, a Royal Mail employee of 27 years, was arrested, interviewed, charged, and bailed. It was widely known among the workforce this had happened.

    Mr P Chokski was dismissed for gross misconduct on 18 March 2014 for both the alleged content and for sharing the password to his account. An internal appeal then ruled the misuse of password alone was … more

  • 3 Things We Learnt In Law This Week (4 April 2019)

    Tags: Maternity Leave, Sex Discrimination, Constructive Unfair Dismissal, Employment Law, Employment Tribunal, Unfavourable Treatment, Employment Solicitor

    Bar Manager Choked By Colleague At Christmas Party Wins Tribunal

    A bar manager who was choked at the Christmas Party by her manager has won over £6,000 in damages after, when she reported the incident, her manager joked to the perpetrator “Alright buddy? Hear you’ve been choking girls lately”.

    A bar manager who was left with anxiety, PTSD and partial facial paralysis after she was choked by a colleague at a staff Christmas party was constructively unfairly dismissed, Cardiff Magistrates Court has found. 

    Phillips reportedly told the tribunal how one of the business’s co-directors, Jason Pearce, had been heard joking about the incident, in which the club’s chef, Mr Webb, had allegedly gripped Phillips’ neck and left her unconscious.& … more

  • A Guide For Employers: Family Friendly Working

    Tags: Flexible Working, Discrimination, Maternity Leave, Employment Law, Employment Tribunal, Working Time Regulations 1998, Employment Rights Act 1996, Shared Parental Leave, Paternity Leave, Family Friendly Working, Part-time Working, Home Working, Health and Safety Risk Assessment, Time Off, Emergencies, New Parents, Childcare

    From shared parental leave to part-time working, in this guide we explore five things all employers need to know about family friendly working.  

    Shared Parental Leave 

    It’s not just women who can take up to 12 months off when they have a baby. Shared parental leave (ShPL) enables eligible parents to take time off together to care for their child or transfer leave to their partner during the child’s first year.

    ShPL can be taken in blocks separated by periods of work or be taken all in one go. Parents can also choose to be off work together or stagger leave (and pay).

    To qualify for ShPL, the mother must have been continually employed for at least 26 weeks ending with the 15th week before the week in which the baby is due and her partner must also have … more

  • Can You Make An Employee On Maternity Leave Redundant?

    Tags: Redundancy, Maternity Leave, Redundancy Pay, Notice Pay, Employment Law, Employment Tribunal, Statutory Maternity Pay, Pregnancy and Maternity Discrimination

    Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

    Genuine Redundancy Situation

    You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim.  So, you must have evidence to prove why you need to make redundancies.

    Fair Selection Process

    You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more

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