Many employers face allegations of harassment after the Christmas period. Recently we have seen a trend of employers facing complaints that they have not done enough to prevent harassment by third parties, such as clients or contractors. If one of your staff...

Whilst planning how to save costs in a business is a difficult and stressful and the ‘quick fix’ of lowering head count might be attractive, HR practitioners should not jump to the conclusion that redundancies are an inevitable part of the...

What you need to know about the auto-enrolment reforms being introduced 1 October 2012 Are any of your employees: 22 years or older? Under state pension age? Working in Great Britain? and Earning more than the income tax personal allowance (currently...

Practical points arising from Oti-Obihara and Norman v Yellow Pages   By way of reminder, payments made to departing employees broadly fall into three categories: amounts taxable as genuine “termination payments” where, broadly,...

It is a long established principle that when an employer is selecting employees for redundancy, the decision(s) should be based on objective criteria (Williams and others v Compare Maxam Limited (1982)). However, the recent judgment in Morgan v The Welsh...

A subscriber to HRlaw.co.uk has asked us to compile a list of what we find to be some of the most common HR mistakes and traps that employers can make and fall into.  The HR law team has put their heads together and here they are: 1.   ...

The Bribery Act 2010, which comes into force on 1 July 2011, creates a new corporate offence which has the effect of rendering commercial organisations guilty under the Act if they fail to prevent bribery and do not have adequate procedures in place designed...

The Bribery Act 2010, which comes into force on 1 July 2011, creates a new corporate offence which has the effect of rendering commercial organisations guilty under the Act if they fail to prevent bribery and do not have adequate procedures in place designed...

Businesses often worry that temporary agency workers have become their employees, particularly if the individual has been working for the company for a number of years and is integrated into the business through access to the same training sessions and...

The Bribery Act 2010 is one of the most significant pieces of legislation to affect businesses for a decade and reforms the law on bribery and corruption in the UK. The Act was passed in April 2010 and was expected to come into force in April 2011. The Act...

The planned abolition of the default retirement age (“DRA”) offers HR professionals a silver bullet to use in their ongoing battle to persuade line managers to deal with their employees’ performance issues.  It has the potential to...

 Employers often want an “off the record” chat with employees to see if they can persuade an employee to leave quickly and amicably under a compromise agreement. Such chats are seen as being more friendly than going through a formal process...

Following on from last month, when we considered the recent judgment of the European Court of Justice in Astra Zeneca UK Ltd v HMRC , dealing with the VAT consequences of a salary sacrifice arrangement, this month we look at the tax treatment of salary...

Employees' absence can take many different forms, but often the most difficult to manage is long term sickness absence, as it can raise complex legal and management conundrums. Here are our top tips for dealing with these tricky situations: ...

Companies frequently make some fairly basic mistakes when defending discrimination claims.  If you are an HR manager and you have just received notice that one of your ex-employees has decided to pursue a claim for discrimination against the Company,...

With school holidays in full swing, here are a few tips on leave issues common at this time of year and how best to deal with them… 1. Temporary changes to working hours You may get more requests for temporary changes to working hours over the...

Over the past few yeas, employers have faced increasing problems arising out of the use of social networking sites and blogs in the work-place.  As a consequence, some employers have banned all use of such sites at work but this can be seen as an over...

Information is now emerging on the changes employers can expect under the Conservative - Liberal Government. ‘The Coalition: Our Programme for Government’ was published on 20 May 2010 and outlines the following principal commitments on employment...

Key considerations The difference between good and bad witness statements can be the difference between winning and losing a case. The preparation for witness statements should start right at the outset of a case as availability and choice of witnesses...

The recent case of Tullett Prebon plc v BGC Brokers LP has highlighted once again the dangers of getting a team move wrong. Both BGC and the team looking to move to BGC came under heavy criticism from the court which held that they had shown a blatant...

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

According to Tribunal Services' statistics for 2008/2009, claims for unfair dismissal, breach of contract, redundancy pay and failure to inform and consult in redundancy were all up on the previous years’ figures.  In total, 151,000 claims were...

Agents : Workers in Disguise? Can a Commercial Agent also be a worker? A Commercial Agent is “a self employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of his Principal or to negotiate conclude...

With the festive season and New Year fast approaching, employers will no doubt be considering a plethora of holiday requests from their employees. It is essential therefore that, to avoid any claims under the Working Time Regulations, contracts of...

As autumn moves into winter and the clocks go back it is the time that we all start to think about new year plans and the “to do” list for 2010. Here are our top tips on being prepared for the most recent changes that have taken place affecting...

Many thanks to all of you who completed our outsourcing survey in the last edition of HR law. The results have shown that outsourcing is a hot topic, with three quarters of the organisations having outsourced a function in the last twelve months or are...

Staff absenteeism has increased markedly over the past few months, with a recent survey by FirstCare reporting that it is running at 66% higher than normal. Below are our top tips to help employers cope with some of the issues which are likely to crop-up...

Protecting your valuable IP assets There is a constant stream of cases involving intellectual property rights (IP) and employment. In this article, we look at some recent issues. Ownership of contacts A company’s database of...

  Maybe not with the current swine flu situation in Mexico. However, the holiday season is fast approaching and with it the headaches that it can throw up for those left holding the fort in HR. So, here are our top tips on dealing with them....

Top tips on managing the relationship between employer and with employee representatives In the current climate, many of HR professionals are dealing with employee representatives as part of redundancy consultation exercises. Typically this will...

Many employers are this year facing the prospect of redundancies to a scale they have never previously required and in an environment in which the cash to pay more than the statutory minimum is tight yet their redundant employees have little prospect of...

Having trimmed down through redundancies employers are now exploring other ways to cut employment costs. The commercial driver is to maintain staffing levels so to cope in the economic recovery and to avoid future expensive hiring and training costs. The...

Dear Auntie, I have just realised that the new ACAS Code on disciplinary and grievance procedures came into force earlier this month. I have been so busy dealing with credit crunch issues that I have not had chance to work out what I need to do now that...

Many employers are this year facing the prospect of redundancies to a scale they have never previously required and in an environment in which the cash to pay more than the statutory minimum is tight yet their redundant employees have little prospect of...

In the current climate businesses are increasingly seeking to use more flexible ways of engaging individuals to carry out work. By using self-employed contractors and agency workers, businesses can limit their potential liabilities when compared with taking...

You will have seen in the press recently reports of a number of discrimination claims brought by employees whilst they remain in employment. In particular, the Metropolitan Police has faced claims by a number of employees, including Tarique Ghaffur, Yasmin...

It might get saved - it might collapse.  Either way, Lehman Brothers employees cannot afford to stand around Canary Wharf waiting to unpack their cardboard boxes, say the experts at Fox Williams. 1. Protect you and your family – if you...

With the holiday season drawing to a close, the www.hrlaw.co.uk team have drawn together some of the issues encountered by our clients and contacts over the past couple of months.  Whilst it is great for those who are getting away from it all,...

Tough penalties for employers and employees who breach the immigration rules are of a recurring theme in this Immigration Special.  This week’s Top Tips looks at some new threats to employers recruiting or retaining key non-EEA Nationals –...

Since October 2006 when the Employment Equality (Age) Regulations 2006 (the “Regulations”) came into force, it has been unlawful to discriminate against workers, employees, trainees and job applicants on the grounds of age. The Regulations also...

On 1 October 2007 the directors’ duties set out in The Companies Act 2006 (the “Act”) came into force. These duties replaced the equitable and common law rules that directors have been obliged to comply with until now. Under the Act...

Determining whether a bonus is payable (in part or at all) to an employee who has been absent from work on maternity leave is a complex issue, and failure to make or pro-rate a bonus payment to an employee on maternity leave could possibly give rise to a...

Nobody likes change. However, sometimes it is unavoidable; particularly in the context of the employment relationship, where it may become necessary over time to update employees’ contracts - for example, to reflect changes to employment benefits...

Keep formal meetings and without prejudice meetings entirely separate .  It is usually preferable if the employee is the one to initiate without prejudice discussions.  If he/she does so in a formal meeting, explain that you will need to adjourn...

(1) Act swiftly – try to deal with problems early to avoid matters escalating.  Arrange to speak to the employee in question, as soon as possible.  Information should be gathered before memories start to fade, including anything the employee...

On January 1, 2007 Bulgaria and Romania became part of the European Union.  The scheme for Bulgarians and Romanians (A2 member states) is not the same as the Workers Registration Scheme for nationals of the A8 member states (the Czech Republic , ...

1.   First port of call will be negotiation of the commercial terms of settlement.  Obviously the relevant contractual and statutory claims will be the starting point for assessing the appropriate amount of compensation.  Adjustments...

t’s the first phase of bonus season, and the news as to ‘who’s getting what’, across the city and farther afield, is being rolled out. In a few months phase two of bonus season will start; the lawyers will be drafted in and you may...

Last month, it was reported that a number of members of the Corporate Alliance Against Domestic Violence, “ an alliance of progressive companies and organisations working individually and collectively to prevent domestic violence ”, announced...

Perhaps it is a sad reflection of our times or maybe no one can take their drink anymore, but so risky have Christmas parties become for employers that ACAS has even published guidance on how to throw problem-free parties.  Whilst your employees are no...

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (“the Regulations”) came into force on 1 October 2002.  The Regulations were intended to provide protection to employees engaged by an employer on a...

The charity Age Concern has produced statistics showing that there has been a 200% rise in the number of older employees complaining that they have been sacked without warning in recent weeks.  It appears that some employers have had a knee jerk...

After the recent spate of security alerts at airports here and in the US , you may well have had employees returning to work after the date on which they were due back from holiday.  Below are some tips as to how you might deal with this situation. ...

Employers will need to be on their guard against signs of bullying in the workplace after the recent cases of Helen Green v Deutsche Bank and William Majrowski v Guys and St Thomas’s NHS Trust .  Both these employees brought different...

Over the past few months, there have been a number of people in high profile positions facing almost daily questions and speculation concerning when and how they will hand over their respective roles.  Tony Blair has told us that he will be leaving No....

Ensure that any discussions which you have with the employee to discuss the terms of the compromise agreement, together with any emails or other documents associated with it are clearly stated to be “without prejudice and subject to...

Students, as every employer knows, are the last bastion of cheap labour who will do anything for drinking money.   Or so the legend goes…  In fact, most students working to pay off their student loans over the summer will be better...

Litigation with wayward employees is always an unpleasant affair. If you have commenced the litigation against the employee, it will usually be because they have breached their confidentiality provisions or restrictive covenants, putting you at risk of...

As the recent Severn Trent whistleblowing case demonstrates (when one of Severn Trent’s employees revealed that the company was providing misleading data to the water regulator, OFWAT) “whistleblowing” is now a term very much in the public...

A New Act Legislation has proved a politically effective tool for the Government in managing public perception of its control of the immigration system.  It has the dual advantage of appearing tough and proactive while being cheaper than enforcing...

It is a truth universally acknowledged (by those within the HR function at any rate) that wise and thoughtful investment in people is at the root of progress in any business.  Getting the obvious across to the profit-hungry number-crunchers at the top...

As Donald Rumsfeld, the current US Secretary of Defence said "…we know there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are...

The Health & Safety Executive (“HSE”) estimates that in the UK about half a million people experience work-related stress at a level they believe is making them ill, up to 5 million people in the UK feel “very” or...

The right to request flexible working has been a fact of employment law for over 2 years now.  According to a recent survey conducted by the CBI, 90% of all requests are accepted by employers.  However, it also revealed that over 60% of respondents...

Many employers report an increase in the number of sickness absences amongst their employees in January and February each year.  So how can an employer distinguish between an employee who has the January blues following a Christmas of excesses and one...

The smoking gun document is not regularly found…but when it is it can turn a case on its head! When working on an investigation it is now, and has been for several years, common practice to examine any electronic information that is available...

In November 2005, ACAS introduced a guide for employers and employees to assist in interpreting the Employment Equality (Sexual Orientation) Regulations (“the Regulations”) which came into force on 1 December 2003.  The Guidance is a vital...

1. Start by identifying the interest or interest(s) which you are trying to protect. Is it the relationship which an employee has developed (or will develop) with your customers, the stability of your workforce or sensitive confidential information? 2. Once...

Companies often create operating divisions across different subsidiaries, frequently across different jurisdictions in order to bring employees working on a particular project, or in a particular area, together from different parts of the group. However...

The case between Stephanie Villalba and Merrill Lynch continues to occupy the press given that she has just submitted an appeal to the Employment Appeal Tribunal against the decision of the Tribunal last year. Big companies and institutions are therefore...

1. The watch word in thinking about job advertisements is diversity, which in employment law terms is a euphemism for avoiding discrimination risk. Unlike other employment rights, anti-discrimination laws apply to applicants for jobs not just workers in...

The smoking gun document is not regularly found…but when it is it can turn a case on its head! When working on an investigation it is now, and has been for several years, common practice to examine any electronic information that is available...

Many employers provide their employees with permanent health insurance as a standard benefit without realising the potential consequences for them. For example, it is common for employers to assume that their obligations extend no further than ensuring that...

There are some employees who you might be glad to see less of. When it comes to managing their unplanned absence, however, you would probably prefer they were around. Monitoring and managing unplanned absence is a huge problem for businesses of all size and...

If an employer is proposing to make 20 or more employees redundant within 90 days at one establishment, it is likely that it will need to consult any employees affected by the proposals on a collective basis. Below are some top tips (which reflect the...

For any number of reasons, many would-be employers prefer to hire workers on a temporary basis through agencies rather than employing staff directly. Such workers may, in turn, not be employed by the agency either but rather act as independent contractors,...

1. Minimum entitlement - Under the Working Time Regulations 1998, workers (meaning anyone working under a contract of employment or any other contract to perform personally any work or services) are entitled to four weeks’ paid annual leave (20...

1. In planning your changes, bear in mind that retirement age (the age at which employment automatically comes to an end) is distinct from pensionable age (the age at which a pension may be drawn). Changing one does not automatically result in a change to...

Payments on Termination – General • All payments relating to an employee’s actual employment are taxable and subject to National Insurance contributions under Section 6, Income Tax (Earnings and Pensions) Act 2003 (“the Act”)....

Ordinary Maternity Leave (OML) – The first 26 weeks • All contractual rights continue during OML, apart from the right to remuneration. So, subject to the employee’s contract, she is not entitled to be paid salary during this period. ...

This article highlights some important points to bear in mind when dealing with staff absence from work whether this be time off for public duties, time off for dependants, paternity and parental leave or “absence” in the form of flexible working...

Spring is here! HR officers all over the nation are spring cleaning their documents and policies – here’s some guidance on handbooks 1. DO distinguish between those sections which should have contractual effect, and those that should be...

Before maternity leave begins • Appear genuinely pleased and supportive. This is likely to be a stressful time for the employee and you should make her feel that she can enjoy the experience of being pregnant, even whilst working, and that your...

Valentine’s Day has been and gone, and whilst many employees’ desks will be crammed with tokens of esteem and affection, the direction of Cupid’s bow and arrow may have caused some employers to fret. Recent surveys have shown a growth in...

It’s that time of year again, Christmas is over and many employees’ thoughts turn to what bonus they can expect to receive in respect of their performance over the past year. Despite efforts to manage employees’ expectations, the award of...

Clearly, your first priority in recruitment should be getting the best person for the job. However, it’s also important to ensure that your methods don’t leave you exposed to legal claims. Our practical guide will not just help keep you out of...

Discrimination cases make press headlines. Over recent years organisations have grappled with “topical” discrimination issues such as “glass ceilings” to promotion and, more recently, flexible working. But you should be careful not to...

References: we all need them at some point in our working lives but as the working landscape becomes ever more perilous, employers need to be careful about what they say in references or sometimes, even what they don’t say. The general principle is...

Introduction As the statutory disciplinary and grievance procedures came into force on 1 October 2004, it is now more important than ever that employers conduct a thorough and fair investigation into allegations against an employee before deciding whether...

One of the most difficult areas to deal with in commercial life is dismissing an employee. This can be an emotionally and legally difficult process to undertake both for the employer and naturally, the employee. The legal minefield we are familiar with when...

Although the concept of “managing diversity” in the workplace has been known in the business world for some time, it is only recently that managing diversity has been recognized as a business priority in the United States, and increasingly,...