Don’t be had by a discriminatory ad: How job advertisements can lead to complaints of discrimination - 6th Oct, 2008
Dear Auntie,
I’m an HR manager at a medium-sized company. A job advertisement for a vacancy we had was published last month while I was on holiday. The advert says that the company is looking to recruit an individual with “at least...
The use of social networking sites at work - 15th Sep, 2008
Dear Auntie
I am the HR director of a large company. It has recently become apparent that many of our employees use a number of social networking websites like Facebook whilst they are at work. In relation to certain employees I suspect ...
HR Law Auntie: Immigration Special - 6th Jun, 2008
Dear Auntie,
I am the HR Manager at Office & Home Ltd. We are a manufacturing company; approximately 20% of our 1,000 strong workforce comprises non-EEA nationals. Most are employees, although we use some agency workers in warehousi...
"Lookism" – Is this a type of discrimination? - 29th Apr, 2008
I am the HR Manager at “On the Edge”, the cable TV channel which specialises in the extreme sports programmes. Our target audience is sports and fitness fanatics under 30. We spend a fortune on ensuring our programmes, premises ...
Homeworking or homeshirking? - 11th Feb, 2008
We have an employee who has been employed by us for 5 years. She originally worked full time in our London office, but about a year ago made a request to work flexibly as she has young children, which we approved. She now works 3 days a week ...
Employees given themselves an extra Christmas present and taken unauthorised days off? Auntie is here to help…. - 10th Jan, 2008
Dear Auntie
I am the HR manager of a medium sized company who design new flavours of and manufacture jam. As you can imagine, Christmas is a particularly busy time for us. I am worried because in the past we have had trouble with staff s...
Gender focussed marketing – where holding a “golf day” could leave you in the bunker - 3rd Dec, 2007
One of our teams is thinking of holding a “Spa and Shopping Day” for a number of its key female clients and contacts. The three female managers are organising it and have invited the five other female members of the team but none of t...
There's no easy redress when employees suffer from stress - 18th Jul, 2007
Dear Auntie
I am concerned about an issue with one of our employees who seems quite stressed by her workload and various management issues.
Recently, one of my colleagues in HR found the employee crying in the toilets. She was complaining tha...
Cellular Sins – Mobile Phone Use By Itinerant Employees - 25th Jun, 2007
My company has recently made several additions to the fleet of cars used by our travelling sales-people. Our sales-people need to be readily available on their mobile phones whilst on the road. I know that we might be liable if our sales people opera...
Role reversal – proposed amendments to maternity/paternity leave - 29th May, 2007
Dear Auntie
As if the new changes to maternity rights weren’t enough I read recently that men will soon be able to take maternity leave and that women will be entitled to one year’s paid maternity leave, surely that cannot be right?
Mr S...
How to end an era - Auntie advises on how to retire an employee - 22nd Mar, 2007
Dear Auntie
We have an employee, Eric, who is 66 years old. The company’s normal retirement age is 65 and the company now wants Eric to retire as soon as possible. Eric has been with the company for just over 4 years and has a 4 weeks’ not...
Holding a love rat to account - 16th Feb, 2007
Dear Auntie
I am the HR Partner of a small firm of accountants. I have just found out that one of the partners (who by the way is married) is having an affair with one of the secretaries. I’ve also noticed that according to his diar...
The end in sight for office 'Smokey Joes'? - 18th Jan, 2007
My boss is a huge tobacco fan and insists on smoking cigarettes in his office (much to the annoyance of everyone else). I’ve heard that there should be rules coming into force next year which will stop him smoking in the office. Is t...
‘Snow good getting in a mess over Christmas holiday requests … - 8th Dec, 2006
Dear HR law auntie
I am the manager of a PR company. Every year we close our offices over the Christmas period because that is our quietest time of year. All of our clients are also on their Christmas breaks so we do not need to have any...
Should loyalty pay? Auntie advises on salary structures and length of service - 23rd Nov, 2006
I work in HR for a large fashion retailer and have been put in charge of an equal pay audit of our pay structure. Mostly, I’m happy with the results of my review but I’m worried about the connection between length of service and the pay ban...
Changing Names - 23rd Oct, 2006
We’ve just received a race discrimination questionnaire, and threat of a claim from a job applicant whom we did not shortlist. She claims she submitted two identical claims – one from a Siobhan Lewis and another from a LaShawna Ahmed....
Employee or contractor – a status report - 26th Sep, 2006
Dear Auntie
Rather than employ our own cleaners we are supplied with staff by Spit and Polish Limited, a large agency. Connie Tractor is one of the temps and she has been with us for 18 months now. Yesterday she delivered a written grievance a...
Sending employees hard messages – is there a need for Special Delivery? - 6th Sep, 2006
I am the Head of HR for a medium-sized software house. Mark, a junior developer, has been moaning that he is being bullied and harassed by his line manager, Tony. Tony says Mark needs a firm hand to keep him on track and he’s probably righ...
Working Whilst You Sleep? Auntie advises... - 21st Aug, 2006
Dear Auntie,
I am the HR Manager of a company which owns a development of privately-owned homes and communal areas for people over 60 years of age. One of our employees, Karen, works as a Resident Manager at the premises and works four days pe...
How can I avoid an employee 'crash' in our software company? - 3rd Aug, 2006
We are a medium sized IT company. One of our senior programme developers (Ned) has just resigned and is going to work for our main competitor. Ned has been with us for several years; he led the development of one of our software packages, which is cu...
Holidays - how soon can new employees take them? - 14th Jul, 2006
I am the Director of a small catering business. We recently hired a well respected cook to help spice up the services that we offer. Sam Rhodes joined us a few weeks ago and he has already asked to take a couple of days holiday beca...
World Cup Fever – Keep your eye on the ball! - 28th Jun, 2006
I am the HR Manager of a small IT firm. The majority of our staff is male and, unsurprisingly, they have all gone football crazy over the past few weeks! Some of them have asked to leave work early in order to watch England matches. Is the firm...
Roll up Roll up! - For how long can you continue to roll up holiday pay? - 16th Jun, 2006
I am Finance Director for a small advertising agency in London and have responsibility for HR issues. As part of our work, we frequently engage workers (such as models, photographers, make-up artists etc.) on short term contracts of only a week...
Subject Access Stress – What are your obligations? - 31st May, 2006
I am HR Manager in a medium sized Company and have recently received a letter from one of our employees requesting personal data under Section 7.1 of the Data Protection Act 1998.
The employee has asked for this personal data at the same time as lod...
Overseas employees – a passport to uncertainty? - 8th May, 2006
I am the HR manager for a small software house. We recently dismissed one of our Software Engineers, Ed, for poor performance. No process was followed as he’d been based in the US for six months when he was sacked and we though...
A Tale of Two Breaches: breach of a statutory right or obligation – does this amount to a breach of contract? - 10th Apr, 2006
I am the HR manager of a medium sized company based in London. One of our employees has claimed disability discrimination, stating that since the diagnosis of his rare medical condition we have not made sufficient reasonable adjustments to take...
Paranoid or Paramour? Auntie advises on suspicions of office romance - 1st Mar, 2006
Dear Auntie
I am the HR Manager of a firm of London Estate Agents. I’m grappling with a slightly sensitive personnel issue at the moment. One of the (married) agents in our Central London branch sent a Valentine’s card to the B...
In a flap over bird flu? - 13th Feb, 2006
One of our employees has recently returned from a holiday in Turkey. He came into work for less than a day, but had to go home because he was suffering from flu. A number of other employees have subsequently taken time off with flu-like s...
Workplace bullying – if they can’t stand the heat, who gets out of the kitchen? - 31st Jan, 2006
I am the Company Secretary for a small local chain of restaurants and, unfortunately, have responsibility for HR matters. One of our Restaurant Managers has informally complained to me that he is being bullied by the Head Chef in the same restaurant....
Auditing and evidencing staff performance – a simple solution
- 19th Jan, 2006
I am HR Director of a medium sized company in Financial Services. I have been asked by our new CEO to show him reward criteria for our senior executives. He has asked to see their recent appraisals over the last few years as well as specific informat...
Silence is golden - the use of non-disparagement clauses - 9th Dec, 2005
Dear Auntie,I’m HR Director of a small company which produces fireworks. We have just sacked our Director of Sales, Colin, for performance reasons. Unfortunately, I was away from the office when the actual decision was taken, and therefore the s...
You wave goodbye, I say hello?: Auntie advises on reinstatement - 23rd Nov, 2005
Dear AuntieI’m HR Director of a small Hedge Fund. A while ago, when I was on holiday, a Trader, John, and his assistant, Matthew, had a full-blown slanging match which, unbelievably, culminated in a fist fight in the middle of the office. The CE...
The curse of the were-employee? - 11th Nov, 2005
Dear AuntieOne of my employees, Mr Wolfe, claims he was bitten by a dog on Halloween. He has since started scratching himself vigorously in the office, howling at clients and becoming anxious about the next full moon. This has obviously affected his ...
Hrlaw Agony Aunt - 24th Oct, 2005
Dear Hrlaw Auntie,I am the HR Manager of a call centre in London. Some of our employees are Pakistani and following the recent devastating earthquake in Pakistan, a number of our employees left messages for me the following day informing me that they...
Absence for IVF treatment - a delicate affair - 4th Oct, 2005
I am the HR Manager of a large City organisation and I need your advice. One of our female employees, Ms Jones, is currently undergoing IVF treatment and consequently has to take a great deal of time off work to attend her appointments. It has now co...
Probationary Periods – still a safe bet? - 21st Sep, 2005
Dear HR law AuntieI am the HR manager for a food retailer. We have a high turnover of staff, often with students and part-time workers, so we tend to engage new employees on contracts which have a probationary period so that we can see whether or not...
Up the duff, or just a bluff? - 6th Sep, 2005
Dear AuntieWe have an employee, Leia, who works in our postroom. Leia has been coming into work very late in the morning. She is often up to an hour and a half or two hours late. Recently I took her to one side and asked her to explain herself. She w...
Can an employee on long term sick leave take paid annual leave? - 17th Aug, 2005
Dear AuntieI run an ice cream company with a fleet of ice cream vans. We have a driver on long-term sick leave who sadly does not seem to be making a recovery. Our contracts are very basic. His rights to sick leave and annual leave are governed by th...
Are your compromise agreements compromised? A question for the Agony Uncle… - 20th Jun, 2005
Dear HR Uncle,We have had a difficult time with an employee recently, the result of which was that we decided to terminate his employment. The employee has made complaints about unfair dismissal because we did not follow a process before terminating ...
Harassment of third parties – a new cause for concern? - 8th Jun, 2005
Dear AuntieI am the HR Manager of a small IT company. I was shocked to receive a letter before action from one of our customers who is alleging that she has been bullied, intimidated and harassed by one of our employees, who is a trouble-shooter on t...
Redundancy and long-term sick employees – a cut above the rest? - 24th May, 2005
Dear HR Law Auntie We are about to embark on a restructure of one of our departments. Out of a pool of six employees, we need to make three redundant. We plan to undertake a selection process against certain criteria to identify which of the six shou...
If you pick the grey out, they’ll come back to haunt you… - 11th May, 2005
Dear Auntie, I am the HR Manager of a medium sized brokerage based in the City. The company is undergoing a restructuring, as a result of which we will need to reduce headcount and make redundancies. In the first instance, we will be inviting members...
Do I need to make adjustments before a disabled employee starts work? - 20th Apr, 2005
Dear Auntie I am an owner of a small company, which specialises in graphic design. I employ 10 people. I am looking to recruit a new employee to head up a team of 3 other employees and am in the process of recruiting. The best candidate based on the ...
AUNTIE HELPS YOU WITH YOUR HOMEWORK……………… - 7th Apr, 2005
Dear HR Law Auntie One of our female employees, Mary, wants to work from home 3 days a week for childcare reasons. I know that under the new statutory right to request flexible working I have a right to refuse the request for certain business grounds...
SAGA saga – unfair dismissal and retirement ages - 22nd Mar, 2005
Dear AuntieI work for an IT company. We have an employee, Peter, who is 59. Under his contract of employment, Peter’s retirement age is stated to be 60. Peter is arguing that his contractual retirement age is 65 as some of our other employees, w...
Dealing with the Inland Revenue can be quite taxing… [sorry!] - 8th Mar, 2005
Dear hrlaw auntie I work in the Human Resources department of a medium sized manufacturing organisation, and am a little confused by a letter we have recently received from the Inland Revenue. It claims that a payment of under £30,000 that we made to...
Do I need polished procedures if my employee doesn’t come up to scratch? - 15th Feb, 2005
Dear hrlaw auntie, I am an owner of a small business and only have about 10 employees working in the office. Unfortunately, one of these employees (who has been employed in my business for over a year) has been underperforming recently: he is getting...
Flexible working – there’s no need to bend the rules! - 26th Jan, 2005
Dear AuntieI am the HR Manager of a small IT company. One of our systems administrators has submitted a request to work flexibly. Instead of working on weekends, she wants to work 5 as opposed to 3 days a week. We have recently paid for the employee ...
Auditing and evidencing staff performance – a simple solution - 15th Jan, 2005
Dear Auntie,I am HR Director of a medium sized company in Financial Services. I have been asked by our new CEO to show him reward criteria for our senior executives. He has asked to see their recent appraisals as well as specific information relating...
Coughs, colds or flu – or just January blues? - 13th Jan, 2005
Dear hrlaw Auntie I am a HR Manager and have returned to work after the Christmas break to find that a number of employees are off sick. Some of the employees called in sick on the first day that they were due back to work and some towards the end of...
Safeguarding confidential information - 30th Nov, 2004
Dear hrlaw AuntieI am the HR Manager of a PR company based in the West End. As with any commercial organisation, our contacts and clients are the lifeblood of our business. One of our senior employees has resigned recently and he is currently working...
Disclosure obligations – Beware of emails coming back to bite you! - 16th Nov, 2004
Dear Hrlaw AuntieI am a HR Manager. One of our former employees, Matthew, has issued proceedings against us in the Employment Tribunal for unfair dismissal. We do not accept that we unfairly dismissed Matthew, who was a poor performer. Matthew is age...
Recruitment and the DDA – are you ready, willing and able? - 1st Nov, 2004
Dear HR Law AuntieThere have been so many changes in employment law over recent weeks, I am not sure we can keep up! We are all getting to grips with the implications of the statutory disciplinary and grievance procedures, however we have also become...
Constructive Dismissal: What is it? - 18th Oct, 2004
Dear Hrlaw AuntieI am the HR Manager of a large company and a few days ago one of our fairly senior employees, Paul, came to see me to tell me that he was leaving … immediately. I told Paul that he had to serve three months’ notice under hi...
Whistling While You Work - 27th Sep, 2004
Dear HR Law AuntieWe have a real dilemma at the moment. Our Company is going through a redundancy process at the moment but someone junior in the HR department has been suggesting that our approach could be breaching employment legislation. We have e...
Don’t get in a flap about disciplinary chats! - 20th Sep, 2004
Dear Hrlaw AuntieI am the HR Manager for a medium sized insurance brokerage in the City. One of our brokers has informed me that his PA’s performance and general attitude to work has degenerated recently. He has waited some weeks to see whether ...
Discrimination in the City – the results - 6th Sep, 2004
A few weeks ago, hrlaw (in conjunction with The Times) asked you for your views on whether the rumours and recent press headlines about discrimination in the City are true? Does discrimination continue to be rife or have just a handful of cases been ...