Latest News
Record number of job applications – our tips for screening applications
09/02/2021 – Screening applications – 300 applicants for a Receptionist vacancy! We’re still very much in the middle of a pandemic, with (fingers crossed) light
Are we ready to return to ‘normality’?
08/02/2021 – Returning to normality, HR implications In March 2020 many of our working lives changed, and will probably never be the same again. Almost
The 9 things every employer needs to know about discrimination law.
Can you refuse to employ a smoker? It may surprise you, but yes you can – smoking is not one of the 9 ‘protected characteristics’ on which we must not discriminate.
Record number of job applications – our tips for screening applications
09/02/2021 – Screening applications – 300 applicants for a Receptionist vacancy! We’re still very much in the middle of a pandemic, with (fingers crossed) light at the end
Are we ready to return to ‘normality’?
08/02/2021 – Returning to normality, HR implications In March 2020 many of our working lives changed, and will probably never be the same again. Almost a year on,
The 9 things every employer needs to know about discrimination law.
Can you refuse to employ a smoker? It may surprise you, but yes you can – smoking is not one of the 9 ‘protected characteristics’ on which we must not discriminate.
Should employers grant requests to end maternity leave early & to be furloughed?
Why are employers seeing a rise in requests to return early from maternity leave, and to be furloughed? UK maternity regulations entitle mothers to 39 weeks Statutory Maternity
90 days pay for failure to consult (redundancies)
05/01/2020 – Failure to consult award attracts maximum compensation. The Southport Theatre and Convention Centre (STCC) in Merseyside employed 23 staff, and announced its decision to close its
Most clinically vulnerable told ‘not to attend work’ in tier 4 areas.
22/12/2020 – Tier 4 employees on the Shielding list must ‘not go to work.’ While the general advice across tiers remains to work at home ‘if possible,’ the
Employment law timetable 2021
17/12/20 – Key employment law events 2021. Let’s hope we see the back of the pandemic in 2021, and can return to normality. We’re sure we’ll spend considerable
UK National Minimum Wage Rates 2021
16/12/2020 – UK National Minimum Wage rates for 2021. (Click here to watch this article on a video.) From 1st April 2021 NMW rates will increase again, and
Can an employer force employees to have a COVID-19 vaccine?
03/12/2020 – Under the Health and Safety at Work Act, employers are under a general duty to provide a safe and healthy workplace, and that includes taking reasonable
Frontier Worker permit for EU, EEA, and Swiss nationals
02/12/2020 – Frontier workers application scheme opens 10th December A new category of work permit has just been announced and regulations were published last week. The Frontier Worker
Furlough scheme, notice periods & record keeping
25/11/2020 – Employer’s cannot claim furlough for employees under notice…and what comes after furlough? The furlough scheme’s current phase will run until the end of January 2021, and
Brexit – deadlines for settlement status – employers must take note
24/11/2020 – EU, EEA or Swiss employees? Deadlines are approaching – employers (and their staff) must take action If you have EU, EEA or Swiss employees (who are
Extended Furlough Scheme and latest developments 6th Nov 2020
06/11/2020 – Latest furlough news On 1st November the Chancellor announced that the old CJRS (furlough scheme) would not be switched off after all and, would be extended
Furlough scheme extended
1st November – CJRS to be extended until December Yesterday the government announced that, in tandem with a new period of lockdown from Thursday 4th November, the old
Furlough scheme extended until December 2020
CJRS Extended Furlough scheme extended 1st November – Yesterday the government announced that, in tandem with a new period of lockdown from Thursday 4th November, the old CJRS
JSS Open – details on the new Job Support Scheme
1st November – UPDATE – Extended furlough scheme The government announced yesterday that the JSS Open and Closed schemes will be delayed. As the nation enters another month
Job Support Scheme ‘JSS Closed’ commences 1st November
16 October 2020 – Extended Job Support Scheme, ‘JSS Closed’ (for employers required to temporarily cease trading.) (Article updated 23rd October) Earlier in October the Chancellor announced the
23 Oct 2020 – UPDATED JSS
23 Oct 2020 – UPDATED JSS On 22 October 2020 the Chancellor announced significant amendments to the JSS: Employees will now only need to work and be paid
New laws on self isolation for employers and workers
28 Sept 2020 – £1000+ fines for employers and workers for failing to self isolate Under the ‘Health Protection (Coronavirus, Restrictions) (Self Isolation) (England) Regulations 2020 a worker
Redundancy best practice principles – a reminder from ACAS
24th September 2020. ACAS, CBI and the TUC issued a joint statement to businesses on 24th September recognising that redundancies may be necessary, but reminding employers in clear
Homeworking for the winter (if you can)
22nd September 2020 – Boris Johnson encourage employers to continue with home working arrangements through the winter in an effort to stem the rising tide of covid 19
Furlough out, Job Support Scheme (JSS) in
25th September 2020 – the CJRS winds down through October with government support reducing to a maximum of 60% of wages up to a cap of £1,875 per
Back home you go….
22nd Sep 20: Return to homeworking imminent…. Boris Johnson is expected this afternoon to encourage employers to continue with home working arrangements in an effort to stem the
CJRS Scheme heads towards its final month
03/09/2020 CJRS Scheme heads towards its final month With September comes the penultimate month of the Covid Job Reduction Scheme, the CJRS launched by the government in March
Employment Appeals Tribunal rules against reinstatement/reengagement order
02/09/2020 Employment Appeals Tribunal rules against reinstatement/reengagement order Sure as eggs is eggs there are a lot of tribunal cases on the horizon and the case of Kelly
1st August – furlough scheme changes and shielding comes to an end
30/07-2020 1st August changes to furlough scheme and the end of Shielding (probably) Furlough scheme July was the last month for the furlough scheme in its current guise
Holiday quarantine – employer options if employee needs to quarantine
29th July 2020 – Employer’s rights when employee has to quarantine after a holiday abroad UK government requires people holidaying in particular countries to quarantine at home for
Covid safe workplace
28/07/2020 Guidance for employers – Covid safe workplaces To bring workers back to work employers must ensure that the workplace is Covid safe. Employers must carry out a
We haven’t really had time to write much in the way of insightful content this week because we’ve been so busy with redundancy programmes, but we thought we’d
Employee engagement – Staff Attitude Research from myHRdept
To know is to understand Throughout my career in HR, I have observed the essential components of a successful business – the right product at the right price,
Furlough scheme & redundancy update
(24 June 2020) Earlier this month the government announced the new rules and the detail for part time working under the Coronavirus Job Retention Scheme (CJRS) which will
Redundancy template letters & advice
(3rd June 2020) The furlough scheme closes to new entrants from 10th June and from August onwards employers will start contributing to the costs. It was inevitable that
Last call for furlough, no new furloughs from 10th June
(2nd June 2020) As expected last week the Chancellor announced changes to the furlough scheme: From 10 June only employees previously furloughed may continue to be furloughed –
Furlough – time to return to work? (25 May 2020)
We know that the furlough scheme will extend to the end of October, with employers starting to share some of the cost of the scheme from August. We’re
Alcoholism at work – spotting it and providing support (15 May 2020)
Alcohol sales during lockdown have increased by a third and our assumption has to be that a lot of it is being consumed by employees with more time
Redundancy template letters & advice
For a limited period we are offering non-myHRdept clients support with their redundancy programmes, subject to our availability. Our Covid Redundancy Service comprises of: 2 X 30 minute
Staying in touch during furlough leave & thinking about future staffing
7th May 2020. We’re expecting a lot of employee nervousness when it comes to returning to work and employers with customer facing businesses will have their customer’s concerns
COVID-19 Client Support Hours (myHRdept)
myHRdept clients have support packages that generally include a mix of support hours and site visits in addition to time available for creating employment contracts and staff handbooks
CJRS, key points at April 30th plus furloughing, unfurloughing and reinstating former employees
There’s an enormous amount of information for employers flying around at the moment, so we thought it might be useful to take stock and sum up some of
Should I re-employ (and furlough) a worker who left me after 28th February?
28 April 2020 – should I re-employ (and furlough) a worker who left me after 28th February? It’s a desperate conundrum at the heart of which are former
How to unfurlough staff
23rd April 2020 – How to unfurlough staff It may seem premature to think about unfurloughing staff, but some of our clients are already transforming – pubs, breweries
CJRS – 30th April – Taking Stock – Holidays, Bank Holidays, Furlough Notification and Furlough Fraud
30 APRIL – TAKING STOCK Changes last made to the Employer’s guidance on 23rd April have been in place and unchanged for a whole week, the portal has
Coronavirus Job Retention Scheme – If it’s not on .gov, it’s not true!
If it’s not on .gov….it’s not true! I cannot possibly estimate the hundreds of hours my team and I at myHRdept have spent trying to convince employers that
Job Retention Scheme (Covid-19)
15th April 2020 We have updated our employer’s Q&As based on the government guidance published on 15th April. This is article is for general guidance only and is
Furlough template letters
25th March 2020 We have had multiple requests for furlough template letters and redundancy template letters since publishing our earlier articles on furloughing staff and other options to
The F Word – How to furlough employees and workers
Updated 24th March to reflect our current understanding. On Friday 20th March the government announced that it would be providing various measures to assist employers to continue to
Briefing template to secure reduction in staff working hours
We have posted this briefing template to try to help the numerous businesses who are struggling to reduce staffing costs because of COVID-19. While we hope the briefing
Coronavirus holiday & leave questions
11th March Some employers want to keep staff at work and are worried that COVID-19 absence will prevent them from fulfilling orders. Others want to minimise staff attendance
Government Guidance for Employers – Coronavirus
5th March 2020. The government has published its guidance on COVID-19 for employers and businesses. This follows the ACAS guidance published last week. Amongst the material: A useful
February 2020 employment law and HR briefing
So we know that 2020 – 2021 is going to harbour some monumental changes for HR and employment law (see our earlier newsletter) and this edition of myHRdept
Employee fairly dismissed for event outside of work….
It’s not always fair for an employer to dismiss an employee because of something they’ve done outside of work, but in the case of Lafferty Vs Nuffield Health,
Coronavirus – Guidance for employers
ACAS has published advice for employers on a possible widespread outbreak of Coronavirus. We’ve been here before of course, but something does feel altogether more threatening about the
From April – new employees must receive written terms of employment on DAY 1
Statement of terms From April 6th 2020, as a result of the Good Work Plan, the Government will be extending rights to a statement of written particulars to
Employment law developments from April 2020 and beyond….
We’ll be busy during the rest of 2020 with a number of HR and employment law changes and in this article we look at some of the more
New points based immigration system set to cause chaos for low paid sectors
19th February 2020 Announced today the new points based system due to come in in January 2021 will cause huge concerns for any sector currently reliant on low
National Minimum Wage Rates 2020
From 1st April 2020 NMW rates will increase again with the 25+ rate moving from £8.21 to £8.72, a rise of 6.2%. Other increases range from 4.6 to
Pregnancy and maternity rights to be extended
* 54,000 women lose job because of maternity leave * ‘Special protection’ period to extend to 6 months after maternity leave The government has announced plans to extend
Can an illegally working employee enforce employment rights?
‘Sometimes’, appears to be the answer from Okedina Vs Chikale. The conventionally held belief is that if an employee is unable to work legally in the UK they
New Parental Bereavement Leave
Bereavement leave will be introduced in 2020, the government has now announced, but employers should establish a suitable policy in 2019. Our article covers the detail. As the
Can an illegally working employee enforce employment rights?
Can an illegally working employee enforce employment rights? September 2019 ‘Sometimes’, appears to be the answer from Okedina Vs Chikale. The conventionally held belief is that if an
1,500 caught in minimum wage spot checks – be aware!
The DTI announced an increase in spot checks to expose breaches of minimum wage regulations in 2007, and ‘high risk’ sectors including small independent employers are certain to
And there’s more..
4th May 2007 With so many pressures and priorities on small businesses is it any wonder that the daunting, and lets face it, apparantly dull and unnecessary task
Unauthorised breaks?
Since our publishing the article below the Court of Appeal has overturned the Employment Appeal Tribunal’s decision in this case, ruling that although the final warning given to
New paternity laws effective April 2010 plus some other important news
6th May 2010 From April 06 2010 the new paternity laws come into being. BUT….they won’t apply in the case of parents of babies born before 3rd April
Good news for small employers
30th March 2011 In an effort to make running a small business or to get a start up off the ground simpler, the Business Minister, Vince Cable, has
Fathers to receive up to 6 months additional paternity leave
1st April 2011 At the moment fathers are entitled to take 2 weeks’ paid paternity leave within 8 weeks of the birth, paid at the relevant statutory rate
Government plans to cap auto enrolment pension charges
13th October 2013 The government has announced that it intends to enforce a cap on the commissions that auto enrolment pension providers can charge members. The Treasury is
Auto enrolment fees cap sparks debate
6th November 2013 On 30th October, we updated you on the Government plans to cap auto enrolment pension charges, and it would appear we aren’t alone in our concerns over
Social media and pre-employment vetting
19th December 2013 With the ever increasing popularity of social media sites, the volume of personal information online grows each day. As an employer looking to recruit new
5 days average sick per private sector full time worker…
31st December 2013 The Times reported today that EU officials are three times ‘sicker’ than the average British private sector workers, who took 5 days of on average
HR outsourcing can make financial & operational sense…. but there are pitfalls for the unwary!
HR outsourcing can make great financial & operational sense…. but there are pitfalls for the unwary! 2nd January 2014 Times remain difficult, and employers are being encouraged by
is the government
10th January 2014 The possibility of extreme weather conditions disrupting business is often a concern at this time of year, but with floods across the UK and snow
National Minimum Wage: Will a minimum wage of £7 per hour impact your business?
17th January 2014 It is estimated that one sixth of British workers are paid the minimum wage. – Around 1.35 million people. Since its introduction in 1999, when
The Confederation of British Industry supports above-inflation NMW change
Sir Michael Rake, President of the CBI has voiced his opinions on the suggested rise in the National Minimum Wage. 21st January 2014 On 17th January, we wrote
recruitment
21st January 2014 You may recall our October article outlining Government plans to cap auto enrolment pension charges, and the subsequent November story concerning the resulting industry debate. Now the story develops
Confederation of British Industry supports above-inflation NMW change
On 17th January, we wrote about George Osborne’s plans to increase the National Minimum Wage to £7.00 per hour by 2015, and the reaction of the Chairman of
Recruitment on the rise – are you getting it right?
29th January 2014 Britain’s bosses are among the most optimistic in the world according to a survey held by PwC; with 61% of UK CEO’s “more confident about
New hire gone wrong?
7th February 2014 With the best recruitment practices in the world, mistakes do happen inside and outside of the probation period. Do we persevere with an unsuitable person, run the
Employment Law 2014 – Small Business
10th February 2014 2013 saw a number of legislative developments in the area of employment law and 2014 will bring many more. In this article we review the
UK Border Agency recruits 10 illegal immigrants and Minister Mark Harper has an illegal cleaner.
5th March 2014 UK Border Agency recruits 10 illegal immigrants and Minister Mark Harper illegal employed a foreign worker as a cleaner. If neither the Government nor its
Tribunal insurance. Comfort blanket, or furry handcuffs?!
11th March 2014 Small employers are often tempted by ‘HR insurance’ offerings providing employment tribunal protection cover. It’s not hard to see why, employment is complex, legal advice
Tribunal claims take a tumble/minimum wage on the increase
13th March 2014 In England a would-be litigant must pay a fee of up to £250 (depending on the type of claim) to list a claim and another
Wages to increase 2.5% this year says OBR
19th March 2014 The real cash value of wages hasn’t increase since 2007, but wages are expected to be on the up this year – this is likely
100,000 extra apprentice places and graduate apprentice schemes announced
20th March 2014 At only £2.65 per hour apprentices offer great value for employers, and yesterday the Chancellor announced funding for an additional 100,000 places, including degree level
Under 21s to be taken out of employers’ NI Contributions
20th March 2014 Employers who employ or engage employees under the age of 21 at or after 6 April 2015 will not be required to pay employer NICs
Compulsory dispute resolution – important change for employers
7th April 2014 From yesterday Early Conciliation applies to pretty much every employment tribunal claim albeit voluntarily for a few weeks. Under the new regime all new claims
2014 wages – hold static or be prepared to increase?
17th April 2014 2014 wages – hold static or be prepared to increase? Conflicting pressures present a dilemma for small employers. Previously in my career I have been
Verbal references….why you should always seek them, but think twice about giving them
19th April 2014 Did you know that if the person you’re giving a reference to on the other end of the phone is making notes on your comments,
Government launches the Health and Work Service, to assist employees return to work after prolonged absence.
20th April 2014 The Health and Work Service will provide occupational health advice and support for employees, employers and GPs to help individuals with a health condition to stay in
£35,000 for failure to protect employee from bullying – grievance procedure flawed
22nd April 2014 Whether or not Labour MP Jim Divine is the sort of chap you’d want round your house (jailed for expenses fraud in 2011, bullied his
Fall in employment tribunals as regulations are tightened
1st May 2014 Minister of State for Education and Business, Matthew Hancock, has reportedly hailed figures showing a fall in the number of tribunal cases in the last
Indian boss beaten to death
And you think you’ve got employee relations problems – CEO killed over working hours 17th June 2014 Fed up of whinging employees complaining about their wages? Think yourself
Legal changes to flexible working requests
Changes in Flexible Working Requests 27th June 2014 Legal changes that will extend the right to request flexible working to ALL eligible employees will come into force on
Can you Adam and Eve it?
Can you Adam and Eve it!?…Victims of accent bias need legal protection 9th July 2014 This could well be the latest unrecognised discrimination: Geordies, Liverpudlians and Cockneys are
4″ Butterfly terminates contract
11th July 2014 A 38 year old procurement consultant claimed that she lost her job after her employer discovered she had a butterfly tattoo on her foot. Jo
It was a long and humiliating battle
16th July 2014 A priest has been awarded £62,000 after being paid less than £2 an hour for working 65 hours a week at a temple in Birmingham.
Is obesity now officially a disability?
18th July 2014 The Equality Act 2010 details 9 categories of ‘protected characteristics’. These include sex, race, age, sexual orientation and, the subject of this brief update, disability.
Employment high
21st July 2014 The employment rate has hit a record high at 73.1 per cent in the three months to May, according to official figures. The Office for
Conference calls from the fridge
22nd July 2014 A third of Britain’s growing army of home workers have admitted that they worked in their garden during last week’s heatwave. One in five confessed
Half of Britons feel regret
25th July 2014 A recent study commissioned by the financial technology company Kalixa, revealed that half of Britons’ are so unhappy at work that they believe their career
Bullying and discrimination are commonplace
29th July 2014 The professional body for solicitors, The Law Society, appears to suffer from bullying and discrimination in the workplace. A survey of its own employees suggests
Court of Appeal dismisses software company’s attempt to enforce restrictive covenant
30th July 2014 The Court of Appeal in Prophet plc v Huggett ruled that an incorrectly worded restrictive covenant, intended to prevent an employee working for a competitor,
Its not just the 7 dwarves who should whistle whilst they work
1st August 2014 Earlier this week, myhrdept wrote an article covering how bullying and harassment in the workplace were commonplace in some companies (See the story HERE.) Today, we
Small businesses rising hire and hire
6th August 2014 Last month, myhrdept posted an article entitled ‘Employment High’, outlining the employment rate hitting a record high at 73.1 per cent in the three months to
Daylight Savings
Better designed offices could boost both physical and mental health of workers. 11th August 2014 An early night after a hot bath, curling up with a good book
Will care workers have to be licensed?
12th August 2014 Paul Burstow, former care minister, has led a year-long review into the care industry in the UK and has recommended that a license to practice
Can employers ban e-cigarettes in the workplace?
Whether or not to allow e-smoking is a matter for individual employers to decide 12th August 2014 The balance is definitely on the side of etiquette rather than
Equal pay? Maybe for our great grandchildren
14th August 2014 Women will have to wait another 60 years for equal pay if the gender gap continues to close at the present rate. Statistics from the
Mistreatment of Britain’s “invisible workforce”
18th August 2014 According to a recent report, cleaners working in British offices, hotels and public places are regularly subject to bullying, discrimination and under-payment. Almost half a
Number of migrants rises by 50 per cent
29th August 2014 Migrants are being caught in unprecedented numbers, a police union spokesman said yesterday, but they are quickly released, and try to cross the Channel again,
Does clocking off mean switching off?
3rd September 2014 Germany is poised to enact an anti-stress law that would make it illegal for employers to send emails to workers during their free time and
Power of the pension
15th September 2014 More low-income workers are now putting enough away in savings for their retirement than in 2012 – a vindication of the government’s auto-enrolment plan to
New national minimum wage rates apply from 1st October 2014
17th September 2014 New national minimum wage rates apply from 1st October 2014. The National Minimum Wage applies to all employees and workers in the UK and was
Is this the end of the office as we know it?
14th October 2014 A survey of 10,000 workers by O2 revealed more than half thought technological breakthroughs will transform the way we work over the next five to
Has Sir Alan Sugar got it right?
16th October 2014 A new series of The Apprentice has been put back on our screens this week and Sir Alan Sugar has got people talking about effective
Eggs-travagant employee benefits
21st October 2014 The perks available to Silicon Valley staff are already known to be what every employee dreams of. Now, Facebook and Apple are offering female employees
can employees be forced
24th October 2014 A recent case brought to Tribunal stems from an alleged simple act of omission. A Muslim employee claims she was not invited to the Company’s
John Lewis settles £40m underpaid holiday pay….. and tens of thousands of small employers could be at risk unless they act now
24th October 2014 John Lewis is a partnership, but holiday rules apply in the same way as to limited companies and other employers, who should urgently consider their
In the light of the equal pay claim against Asda (going back 6 years), should smaller employers be worried?
27th October 2014 Widely reported this weekend, solicitors Leigh Day are taking a test case on behalf of 400 workers at Asda….and if they win, the case will
Living wage increases to £7.85 (£9.15 in London.)
4th November 2014 The Living Wage Foundation annually reviews the basic costs of living when calculating its Living Wage recommendations, i.e. the amount of money it believes employers
Do you pay overtime, commission or bonuses? If yes, you need to read this article
5th November 2014 Yesterday saw a landmark judgement from the Employment Appeal Tribunal that will have significant implications for employers who regularly provide overtime. The press has covered
Top tips – how to build an employment law compliant HR framework (for smaller business
7th November 2014 HR spotlight – our smaller business top tips for painlessly building an employment law compliant HR system for your business. Building in compliance with employment law
Holiday Pay – The mystery unravelled
17th November 2014 The tribunals have been full recently of holiday pay cases, starting with Williams Vs British Airways and ending with Fulton Vs Bear Scotland, with the
Can employees be forced to cover tattoos and remove piercings?
19th November 2014 It was recently reported that a school teacher was turned away from work at St John Vianney primary school in Hartlepool because she was “covered
Shared Parental Leave: The Basics
1st December 2014 Today, the new regulations regarding Shared Parental Leave (SPL) come into force. The new regulations give parents greater flexibility in how they share the care
Illegal immigrant found working in Commons
6th January 2015 The Times has revealed today that a woman from Sierra Leone has been working in the Palace of Westminster under a forged passport. With all
Older workers want part time jobs, not retirement
15th January 2015 It was revealed this week that half of all those approaching retirement intend to carry on working when they reach their mid-sixties. A national study
The benefits of strategic thinking moving forward into 2015
22nd January 2015 This week, The Times printed a 4 page article on businesses shifting focus to strategic solutions. Laura Doughty, director of strategy and operations consulting and
Fifty shades takes a whole new meaning
3rd February 2015 In recent news we have seen the regrettable Benedict Cumberbatch make a public error whilst attempting to be honourable by highlight the lack of opportunities
Japanese forced to take holiday
16th February 2015 The Times recently reported that Japan is to force workers to take their paid holidays in an attempt to combat a culture of excessive work that has
Employment Law Case Roundup – February 2015
17th February 2015 Out of time at tribunal but claim goes on Nayif v High Commission of Brunei Darussalam Claimants have a three-month time limit to notify Acas
What does a job title mean to you?
25th February 2015 A study has revealed that a staggering one in five employees in the UK are not honest when it comes to stating their real job
Government plans to abolish the sick note
26th February 2015 Last week The Times reported on the Government scheme requiring anyone who is absent from work due to illness for more than four weeks to
Women still behind men in bosses’ pay
4th March 2015 Female bosses of Britain’s blue-chip businesses are still receiving lower pay and bonuses than their male counterparts. A female chief executive at one of the
Victimisation Compensation Reduced
10th March 2015 Successful claimants don’t always get the compensation they think they’re entitled to. One reason is the possibility of awards being reduced to reflect the part
The use of e-cigarettes
10th March 2015 It was only a matter of time before electronics got its clever bionic fingers on cigarettes. Now e-cigarettes are everywhere – including at work. But
Employment Law Case Roundup – March 2015
10th March 2015 Easter is almost here already. Being a movable feast, it keeps us on our toes. And that’s certainly going to be the case for some
Shop manager hired ‘beautiful’ women to molest them
17th March 2015 Last week a tribunal heard how a manager of one of Britain’s most prestigious shoe makers was accused of hiring only attractive saleswomen with the
Disability discrimination and diabetes
1st April 2015 Stoute was a bus driver, dismissed from Metroline Travel for gross misconduct. He claimed that he was ‘disabled’ (as defined in the Equality Act) and
Employment tribunal claims fall
8th April 2015 Last month the Ministry of Justice revealed a 12% decline in single claims received by the employment tribunal service in the last quarter of 2014
Failed attempts to amend contracts without employee’s consent
9th April 2015 All change please, or rather it wasn’t for the National Audit Office when it attempted to rely on a contractual clause enabling them to amend
Dealing with depression in the workplace
14th April 2015 Following the tragic crash of the German aeroplane where a pilot flew 150 people to their deaths following a long term battle with mental health,
Top hiring mistakes
16th April 2015 Are you recruiting the right people for your business? How do you know? Employers, even smaller employers, need to ensure that they balance their team
Playing Politics
What the General election could mean for employers 17th April 2015 The General Election will influence the number of employment tribunal cases in the UK – these have
Would you like myHRdept to carry out disciplinary, performance or absence investigations for you?
22nd April 2015 In small companies it isn’t always easy to carry out investigations or performance/absence reviews, sometimes because of workload, sometimes because of the closeness of the
Bad faith final warning means dismissal may be unfair
23rd April 2015 In the Court of Appeal case of Way Vs Spectrum Property Care Ltd, a final warning given in ‘bad faith’ and later relied on to
Fiddling expenses? – Not me, I was 5,000 miles away in Reading at the time!
1st May 2015 In Shrestha v Genesis Housing Association Ltd, (Court of Appeal) S, the employee was found to have been fairly dismissed for claiming almost twice the
Employee who made up race discrimination allegations forced to pay £10K costs
5th May 2015 Employment law isn’t always stacked in the favour of employees you know. Chadburn made up race discrimination allegations to inflate her claim against Doncaster NHS
Immigration on the rise again
14th May 2015 According to official figures released this week, the UK has reached a record number of 1.9 million Eastern Europeans working in the UK. The figures
90 degrees, phew what a scorcher!
25th May 2015 Surely we can’t have a summer without the Sun running that headline, but with meteorologists forecasting a 25% chance of the hottest summer on record,
Zero hours contracts – banned from 26th May
1st June 2015 Zero hours contracts banned. More than a year ago the then Business Secretary Vince Cable announced in his speech to the Liberal Democrat conference that
Discrimination – travellers ban costs Wetherspoon £1m
2nd June 2015 When delegates at the annual conference of the Irish Traveller Movement tried to get a pint in the Coronet pub in Islington, they were turned
National Minimum Wages to increase
2nd June 2015 We don’t have to worry about the rate rises themselves until October, but forewarned is forearmed and with a whopping 21% rise in one rate,
Company dress code: Discriminatory?
4th June 2015 Ms Begum who applied for an apprenticeship as a nursery assistant, is a practicing Muslim whose religious belief requires her to wear a garment that
Tattoos, beards, headscarves, uniform – what can employers reasonably expect of employees?
21st June 2015 The Begum case (click here for details) proved to be a victory for common sense, as the particular garment Ms Begum wanted to wear to
Religious dress in the workplace – discrimination law
25th June 2015 In the widely reported case of Begum v Pedagogy Auras UK Ltd t/a Barley Lane Montessori Day Nursery, Ms Begum, a nursery assistant failed in
Holiday pay, yet again – voluntary overtime should be included (preliminary ruling)
29th June 2015 This time a Northern Irish tribunal rules that voluntary overtime should be included in holiday pay calculations. This is yet another development in the long running
Workers with no fixed place of work likely to be entitled to pay for travelling to and from home
29th June 2015 Travelling time to and from work should be paid for some workers, rules the Advocate General in a Spanish case that, if ratified by the
National Living Wage Vs National Minimum Wage Vs Living Wage.
13th July 2015 Last week the Chancellor announced in the budget the introduction of a National Living Wage from next April. The NLW effectively introduces a new higher
UK “worst country” for managing absence, says welfare secretary
14th July 2015 UK is “worst country” for managing absence, says welfare secretary Ian Duncan Smith. But how long does it take to properly manage poor performance or
If an employee refuses to sign a contract, what can you do?
10th September 2015 When an employee is presented with a new or amended employment contract most employees will have it signed and on its way back to you
IMPORTANT ANNOUNCEMENT
16th September 2015 In response to customer feedback we have made some important changes: We have shortened employment contracts where we can As a result some of the
Employee dismissed for Facebook posts
In British Waterways Board v Smith, Smith was fairly (in the Employment Appeal Tribunal’s (EAT) opinion) dismissed for making derogatory comments on Facebook about his managers and work.
Scotland to abolish employment tribunal fees.
29th September 2015 The introduction of tribunal fees saw a sharp decline in the number of tribunal applications. Unison (the public sector union) claim the fees are a
Lessons from Chelsea – Mourhino & Constructive Dismissal
6th November 2015 You can’t have missed the enormous press coverage of Eva Carneiro, the former Chelsea Club Doctor, who is suing both Jose Mourinho personally and Chelsea
Creating a comprehensive and compliant employment framework for less than £500!
7th November 2015 HR spotlight – our smaller business top tips for painlessly building an employment law compliant HR system for your business. Building in compliance with employment law
Government issues guidance on use of zero hours contracts
7th November 2015 In the last month the government via the Department for Business, Innovation and Skills (BIS) has issued guidance on zero hours contracts and on when
Dismissal by text message costs restaurant owner £15K
9th November 2015 When restaurant owner Chris Charalambous sacked his chef Mr Hillis, we doubt the insertion of a smiley face into his text would have saved him.
The Employers Guide to Festive Survival
21st November 2015 The festive season carries its own challenges for employers, and while in most cases, we can relax and enjoy ourselves, there are some common problems
And in the red corner…
7th December 2015 In our first case, ZSL Vs Westlake, two female employees from ZSL ended up having a fight at a staff Christmas party. The claimant, Ms
Clarkson faces employment tribunal
8th December 2015 Clarkson faces employment tribunal – Last month we reported that Chelsea FC and Mourinho were being jointly sued for constructive dismissal by their former Team
1st April – new minimum wage rate for 25 year olds
1st February 2016 We head towards 1st April 2016 which will see the introduction of a National Living Wage which will apply to all who are 25 and older.
Monitoring staff communications – the do’s and don’ts.
2nd February 2016 A widely reported European Court of Human Rights case (binding on the UK) may have given employers the (wrong) impression that they can snoop at
When is a breach not a breach (of confidentiality.)
3rd February 2016 At myHRdept we spend a lot of time helping employers protect their confidential information and commercial interests through carefully worded employment contract clauses. But in
Employment tribunal awards are on the up – but tribunal cases are still rare
4th March 2016 Employment tribunals are still a rarer beast than they used to be (since the introduction of fees requiring employees to pay to register a claim),
Hiring is time consuming and expensive, but why do so many new employees leave?
17th March 2016 Statistically a new employee is more than 3 times as likely to leave as an employee with 2 years or more. What can employers do
Brexit. What will it mean for UK employers?
18th March 2016 The ‘vote leave’ campaigners have earned considerable media inches and hours about the benefits to GB businesses from no longer being part of the European
Employer’s liability for employee’s assault on customer.
18th March 2016 Employer’s liability for employee’s assault on customer. When Morrison’s supermarket employee Khan physically attacked a customer, were Morrison’s liable for Mr Khan’s actions? Yes, said the
Holiday pay – commission should be included says EAT.
25th March 2016 If you employ one of the 5 million people who are entitled to commission or overtime, are you sure you are paying holiday pay correctly?
Following the recent TYCO case, do employers have to pay employees for travel time to and from their first appointments?
30th March 2016 For workers with no fixed base the first and last journeys are counted as ‘working time’ …. But this does NOT mean they have to
The importance of well drafted contractual clauses (and why not to apply restrictive covenants to junior employees.)
31st March 2016 A well drafted restrictive covenant can be a useful thing – many employers have relied on them to stop former employees taking their confidential information
Living Wage is here
From today 1st April 2016 the National Living Wage of £7.20 per hour which applies to all who are 25 and older. Basically this an extra minimum wage category
Covert surveillance – is it ok to spy on a ‘sick’ employee?
27th May 2016 Mr Ajaj was employed by Metroline as a bus driver between 2004 and 2014, when he was dismissed for gross misconduct, having been found by
Are Employment Tribunal fees about to be abolished?
7th July 2016 With Scotland having already announced the abolition of fees, it appears we may be a step closer to taking this step in England, even in the
GO TO JAIL….But is it fair to dismiss an employee on grounds of ‘frustration’ when he’s been sentenced to 6 months in jail?
Not always, said the tribunal in Carter vs Aulds Bakeries ltd, finding that Carter was unfairly dismissed after his employment was terminated on the grounds of frustration when
Brexit. Deregulation of employment law for SMEs? Or no change please?
What will the “leave” vote mean in practice for employment law in the UK? Prior to the Brexit vote the leave campaigners waxed lyrical about de-regulation, simplifying employment
Why Can’t I be a Porn Star in my Free Time?
An employee who secretly moonlighted as a porn star has successfully claimed unfair dismissal. But her employer would probably have won the case if it hadn’t made one
Are there any legal issues that employers should be aware of when an employee has another job?
Many employers have exclusivity clauses in their employment contracts stating that the employee cannot work for another employer, whether on a paid or voluntary basis, without the employers
When a disability is not a disability, or is it?
A recent case has highlighted how difficult the question of establishing a ‘disability’ can be – even an Employment Tribunal judge seems to have been confused, leading the
National Minimum Wage Rates – October 2016 changes
The National Minimum Wage (NMW) rates are changing on 1st October and employers need to make sure the new rates are implemented for all hours worked from that
Can I hold a disciplinary hearing in an employee’s absence?
We often get asked whether a disciplinary can proceed in an employee’s absence. If an employee has given a genuine reason for not attending then it is unlikely
My difficult employee – how should I manage unhelpful behaviour, and when does it become a dismissible offence?
Everyone has an off day, but some employees are just too disruptive, and at myHRdept we’ve seen numerous examples of employers suffering in silence, believing there is nothing
How do I change my business structure and what happens to employees I no longer need?
From time to time every business owner will look at the team and want to make changes that lead to employees having to leave. Unless this is generated
The 9 things every employer needs to know about discrimination law.
Can you refuse to employ a smoker? It may surprise you, but yes you can – smoking is not one of the 9 ‘protected characteristics’ on which we
Deductions from pay – what are employers allowed…and not allowed to do?
It is a commonly (and wrongly) held belief that employers are entitled to make deductions from wages, when in fact deductions can only be made for a very
Employee fails to give sufficient notice – is there anything I can do about it?
We’ve had the question over and over again, and many of you will recognise the scenario….your employee is supposed to give a month’s notice, but turns up this
It isn’t working out….is a settlement agreement the answer?
Small businesses are like families and it’s difficult enough to part company with employees without having to go through painful time consuming processes. A voluntary settlement agreement can
Uber taxis – all over the press this month, but what does the decision to class Uber drivers as ‘workers’ actually mean for employers of other types of staff?
In a case which is sure to have major ramifications for the so called “gig” economy an Employment Tribunal has ruled that two cab drivers providing services to
Failure to make adjustments to accommodate breastfeeding mothers cost EasyJet £29K
When 2 cabin crew employees asked EasyJet Airline to roster them for a maximum of 8 hours, the airline failed to take adequate account of medical evidence and
Can I insist that my employee works overtime during our busy periods?
Most of our clients are small businesses and they often experience peaks and troughs in their workloads. We often have to advise on whether an employer can reasonably
Assault at the Office Christmas Party – are we liable?
It seems like every year we send out a reminder that Companies can be held responsible for the inebriated improper behaviour of their employees at the office Christmas
Statutory rest breaks – whose responsibility?
Do employers need to insist workers take their breaks, or is it up to the employee to assert their rights to a rest break. And what actually constitutes
Minimum Wage Changes in 2017
20th January 2017 We’re all used to minimum wage changes in October, but it’s all change from this year with the annual revisions coming in ahead of Easter,
New contracts for existing employees – when, why and how, and what do we do if people refuse to sign them?
From time to time it becomes necessary to replace employment contracts, but our experience of numerous repeats of this exercise with various employers has enabled us to frame
When is a self-employed person a ‘worker’?
When they’re employed by Pimlico as a self employed plumber apparently. 13th February 2017 When they’re employed by Pimlico as a self employed plumber apparently. This is an
Is it always reasonable to dismiss an employee who has committed a violent act towards another employee or a member of the public?
Many firms have a very laudable aim of zero tolerance towards violence in the workforce and in the majority of cases it would be reasonable for an employer
Is it discrimination to refuse a religious holiday?
Not in the case of Gareddu V London Underground said the Employment Appeal Tribunal, for our briefing on what employers should be aware of when asked for leave
Employee on sick leave travels to Barbados – but the investigating employer stepped over data protection guidelines.
The police service has a rule in its attendance policy – if you’re off sick, you must remain contactable and notify your manager if you’re planning on travelling
Latest tribunal awards April 2017
From 6th April 2017 the limit on unfair dismissal compensation payable increases from the lower of a year’s gross salary or £80,541. These are upper limits of course,
6th April – increases to a ‘week’s’ pay for compensation purposes
6th April 2017 sees the customary increases in dismissal compensation and a ‘week’s pay’ for the purposes of calculating various things, most commonly redundancy pay. If you want
Short Service Employees – how safe is dismissal?
As most employers are aware employees with less than two years’ continuous employment don’t generally have a right to bring a claim for unfair dismissal. But employers should
Tackling short term frequent absence
Poor attenders are highly disruptive, drain our patience and dent the morale of other team members who need to cover absentees. 6th April 2017 In common with most
Long term sick employee – when is it safe to dismiss?
Even if a long term sick employee is no longer entitled to sick pay, they are still clocking up paid holiday entitlement (which will not, contrary to popular
Holidays – should we use weeks or days, and should banks be included or excluded?
Time and again we discuss holidays with our clients, how to calculate them and how to express them. We’re often challenged on why holiday should be expressed in
Sickness absence falls to 1.9%, the lowest on record.
The Office for National Statistics has confirmed that absence is at an all time low. The rate varies according to sector, country area, employment status and lifestyle issues
LinkedIn contacts – how to make sure they belong to you, not your employee
LinkedIn – who owns customer contacts & is it necessary to have a LinkedIn policy? Salesman A resigns and hooks up with a competitor. He uses his LinkedIn
Summary dismissal – employer obligations
You’ll have heard of the term ‘instant dismissal’ or ‘summary dismissal’ of course but what does it actually mean? Most employers think that in the most serious examples
The noose tightens on the self employed
We have case after case now of ‘self-employed’ people being considered to be workers. It started with the Uber case and since then we’ve Deliveroo and Citysprint cycle
Employment tribunal – settle or fight?
Receiving a tribunal application from an ex-employee presents broadly 2 options 1) fight it, 2) settle it. Given that fighting a tribunal can cost upwards of £5K its
My older employee is not performing. What can I do?
Age Discrimination legislation was first introduced 11 years ago and in 2010 it became part of the Equality Act encompassing the core 9 threads of discrimination law. With
When is a redundancy not a redundancy?
When it’s a ‘Some Other Substantial Reason’ dismissal. When restructuring their businesses employers often confuse redundancy with SOSR, and make unnecessary compensation payments. 25th July 2017 Imagine a
It’s happy lawyer day as tribunal fees are declared unlawful
Poor employment lawyers, they’ve had a hell of a time since the introduction of tribunal fees in 2013 led to a 70% drop in claims. But it appears
Reduction of status and unfair dismissal
Reduction of status – Our Estate Manager came into the office this week to empty the bins (a very unusual thing for him to do) and it set
Holiday pay – regular voluntary overtime should be included says EAT
Following Dudley Metropolitan Borough Council v Willetts and others it is now time for employers to review their holiday pay practices in relation to holiday pay. The previous
The office dog. A good idea…or barking mad?
Recently a friend entered a debate on LinkedIn about whether an office dog is a good idea or not. Last time I looked the thread had 150 contributions.
Exiting employees – safely
The abolition of tribunal fees and the inevitable increase in litigation means employers should use extra caution when approaching employee dismissals whether by redundancy or any other reason.
Tribunal fee abolition – update
When tribunal fees were introduced in 2013, claims dropped by 70%. Now the fees have been abolished the signs appear to suggest an increase in claims. In the
Are foster carers workers?
Historically, the EAT have held that Foster carers were not workers. For a role to attract worker status there must be a contract. Formal agreements govern the Foster
Why failing to carry out a proper risk assessment led to a finding of sex discrimination.
Discrimination cases can be the most expensive to defend and carry the highest compensation payments for successful claimants. When Ms Ramos, a nurse breastfeeding her 4 month old
If your self employed person is a ‘worker’….how much holiday pay will you owe?
Potentially quite a lot following the very important case of King Vs Sash Windows at the European Court of Justice – a decision that will influence domestic decisions.
Why is an April – March holiday year a bad idea?
The Working Time Regs 1998 entitle employees to a minimum of 5.6 weeks statutory holiday each year equating to 28 days for those who work a 5 day
Minimum Wage Changes in 2018
We’re all used to minimum wage changes in October, but it’s all change from this year with the annual revisions coming in ahead of Easter, and now including
Can a worker prefer a series of breaks over a day instead of the statutory 20 minute rest break?
Crawford Vs Network Rail looked again at whether the 20 minute break in 6 hours can be discontinuous or whether it needs to be one break – we
Tribunal claims rocket – and what to do if you receive one
Of course tribunal claims were bound to increase – when fees were introduced in 2013 the number of claims plummeted 70%+, now the fees have gone…guess what? Employment
‘Self employed contractor’ salesman entitled to 13 years unpaid holiday entitlement.
While we reported last year on the case of King Vs Sash Windows (if you haven’t read the report yet we would encourage you to do so) the
Employee overstays holiday claiming to be sick – what can you do?
Your employee went on the standard permitted 2 week holiday, but then became ‘ill’ and overstayed by another 2 weeks, producing a medical note from a local doctor
Suspending employees
Many times we’ve been asked whether in the midst of a disciplinary investigation an employee can be suspended, and many employers feel it is their right to do
Minimum Wage Changes April 2018
Easter’s on its way and with it comes the new National Minimum Wage rates and the National Living Wage adjustment for the over 25s. Read on to see
GDPARGHHHHHHHHH
Welcome to our GDPR special! 4th May 2018 Welcome to our GDPR special. Like many of the readers of this article, we are ourselves a small business (with
Employer enforced pay cut causes constructive dismissal claim.
Following a decrease in sales between 2012 and 2016 Mr Mostyn’s sales declined and S&P, Mr Mostyn’s employer, asked him to take a pay cut from £45K to
Fair Dismissal
Mr Mbubaegbu, a consultant surgeon, was dismissed by an NHS Foundation Trust after 15 years service and despite not having any previous warnings and not committing gross misconduct.
World Cup – Employer’s Guide
Q&A – I feel like the World Cup is taking over the office already and it’s not even started. How do I balance employees’ understandable interest with the
Pimlico Plumbers final UK decision
The Supreme Court has agreed with the lower courts that Gary Smith, one of its ‘self-employed’ plumbers was actually a worker, and therefore entitled to paid holiday and
A stare too far
Times are changing and behaviour that was tolerated in the 1970s is not tolerated today. But people still behave badly sometimes and one of our more common case
Conduct or Capability?
Conduct or capability? If an employee is not performing well, its important to understand why…is it because they can’t do the job, or parts of it, or is
Is 60 days absence too much?
In O’Conner V DL Insurance Services the EAT criticised the Company for disciplining Mrs O’Conner, who was disabled as defined under the Equality Act, for taking 60 days
Mulberry employee claims discrimination on grounds of belief
Aside from the ‘religion and belief’ angle Ms Gray’s case, featured in Personnel Today is also a useful reference to circumstances in which a new employee refuses to
2017 sickness absence rates are the lowest on record
ONS records show that the average employee took just over 4 days absence in 2017, a substantial drop. What’s behind this and what does this mean for your