Top Ten Tips - Do’s and don’ts for dealing with discrimination claims brought by current employees - 6th Oct, 2008
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, ...
Top ten tips for Lehman Bankers: What to do when your employer goes bust? - 29th Sep, 2008
From Times Online September 23, 2008.
Top ten tips for Lehman Bankers. What to do when your employer goes bust?
It might get saved - it might collapse. Either way, Lehman Brothers employees cannot afford to stand arou...
Holidays: Has life been a beach for HR? - 15th Sep, 2008
Holidays: Has life been a beach for HR?
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 ...
Top Tips: Breaches, Overstay and re-entry bans: keeping it clean - 6th Jun, 2008
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 &#...
Out with the old…. Top tips on handling retirement - 29th Apr, 2008
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...
Directors’ duties and liabilities – Are you on top of the changes? - 11th Feb, 2008
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 ...
Baby bonuses: Top Tips on the payment of bonuses whilst employees are on maternity leave - 11th Jan, 2008
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 ...
“All Change!” – Top tips for changing terms and conditions of employment - 3rd Dec, 2007
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 benefit...
Top Tips for Conducting without Prejudice Discussions - 18th Jul, 2007
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 a...
Top Tips on Dealing with Disciplinary Investigations - 25th Jun, 2007
(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 em...
Top Tips on employing Bulgarian and Romanian Nationals - 29th May, 2007
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, ...
Ending with a compromise: top tips on compromise agreements - 22nd Mar, 2007
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. Adjustme...
Defending bonus claims – How can you minimise your exposure to this risk? - 16th Feb, 2007
It’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 m...
Can criminal conduct outside of work entitled an employer to discipline? - 18th Jan, 2007
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...
A Little Too Much Christmas Spirit? - 8th Dec, 2006
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...
When dealing with fixed term employees can be a permanent problem… - 23rd Nov, 2006
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 fi...
What should employers have done by now to prepare for Age Discrimination? - 23rd Oct, 2006
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...
Summer is finally over - top tips for dealing with late returns from holiday - 26th Sep, 2006
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 situatio...
Failure to address bullying – employers can be hit where it hurts… in the wallet!! - 6th Sep, 2006
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 t...
When Top Cats become Underdogs - Top tips for timings with succession planning for senior executives - 21st Aug, 2006
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 leav...
Reaching a Compromise: top tips for drafting a compromise agreement - 3rd Aug, 2006
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 contract&#...
Top Tips For Dealing With Summer Students - 14th Jul, 2006
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 bette...
Top tips on frequently used litigation terms - 28th Jun, 2006
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 ...
Leaks in the pipeline – top tips on whistleblowing - 16th Jun, 2006
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 pu...
Immigration Update - 31st May, 2006
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 enforc...
Stopping the brain drain - 8th May, 2006
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 t...
Uncovering the unknowns – email monitoring top tips - 10th Apr, 2006
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 al...
Keeping a finger on blood pressure levels : Managing stress at work - 1st Mar, 2006
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 “extrem...
“Working 9-5, what a way to make a living!” Top Tips on Flexible Working Requests - 13th Feb, 2006
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 res...
Coughs, Flus and January Blues - 31st Jan, 2006
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 a...
Forensic accounting - Collusion is the name of the game - 20th Jan, 2006
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 wit...
The New ACAS Guidance Code on the sexual orientation regulations 2003 - 19th Jan, 2006
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 v...
The ties that bind? Top tips for drafting effective covenants - 9th Dec, 2005
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...
Employees United – Top tips on intra-group issues - 23rd Nov, 2005
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. Howe...
Hold the front page! Top tips for avoiding high profile employment litigation - 11th Nov, 2005
BY JANE MANN AND CHARIS MARTYNThe 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 compan...
How to get ahead in advertising: Top tips on job adverts - 24th Oct, 2005
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...
Forensic accounting - Collusion is the name of the game - 4th Oct, 2005
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 wit...
Top Tips for drafting PHI provisions - 21st Sep, 2005
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 ensuri...
Out of sight but not out of mind - five approaches to managing absenteeism - 6th Sep, 2005
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 s...
It’s good to talk - top tips on collective consultation - 12th Aug, 2005
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 th...
Tricky Triangles: Top Tips on avoiding claims of employment status in agency work arrangements - 20th Jun, 2005
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 contra...
Hooray! Hooray! – Top Tips on Holidays - 8th Jun, 2005
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 weeks’ paid annual leav...
The dawn of a new age? Top tips on changing retirement age - 24th May, 2005
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 chan...
Top Tips on Termination Taxation - 9th May, 2005
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”). Suc...
Top Tips on dealing with benefits during maternity leave - 20th Apr, 2005
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. • Howe...
When absence doesn’t necessarily make the heart grow fonder … - 6th Apr, 2005
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 w...
Top Tips on Staff Handbooks - 22nd Mar, 2005
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 pol...
Top Tips on dealing with an employee who tells you she’s pregnant - 8th Mar, 2005
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 organ...
Mixing Business with Pleasure – the Dangers - 15th Feb, 2005
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 ...
What a performance! Under-achievement and the Statutory Procedures - 25th Jan, 2005
Handling poor performance without creating legal risk can mean a lengthy formal process and, as the saying goes, “the devil is in the detail”. Unfortunately, the new statutory disciplinary procedures certainly haven’t simplified matter...
Bonuses - A Practical Session on Exercising Discretion - 13th Jan, 2005
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...
Top tips on recruitment - 30th Nov, 2004
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...
Equal Pay – Top tips on breaking the glass ceiling - 16th Nov, 2004
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 no...
Pitfalls of Providing References - 1st Nov, 2004
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 ...
Top Tips for conducting a disciplinary investigation - 18th Oct, 2004
IntroductionAs 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 whe...
Top tips for dismissing directors – the company law issues - 27th Sep, 2004
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 wi...
Learning to Manage Diversity: No Longer An Option - 6th Sep, 2004
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,...