An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
S1 E237 · Mon, December 09, 2024
In this episode 237 of the podcast I bring you an interview with Steve Phillip founder of The Jordan Legacy an organisation founded following his life-changing experience after the death of his son Jordan. In this episode of the podcast we cover: What employers need to be aware of with regards to suicide. Tips on how to manage conversations about suicide. Why every employer has a role to play in preventing suicide. Resources that all employers can access. Managing employee wellbeing and mental health generally. Resources Zero Suicide Alliance 20-minute free video training resource: https://www.zerosuicidealliance.com/training The Hub of Hope – postcode search for local help and support: https://hubofhope.co.uk/ The Jordan Legacy website: h
S1 E236 · Mon, November 25, 2024
In this episode 236 of the podcast I bring you my tips and ideas on how to have effective one to one and supervision meetings with staff. One of the things that many managers struggle with when managing people is maintaining regular meaningful communications with staff. In this episode of the podcast I cover: What is a one to one and supervision meeting. What is the difference between a one to one and a supervision meeting. Why it is important to incorporate in your management of staff. Why it does not have to be a complicated process. Why it is effective in improving performance. The steps needed to hold effective one to one and supervision meetings. What to include in your conversation. Why follow up is critical to success How it will save you time in the long run. When preparing for one to one’s or supervision meetings I strongly recommen
S1 E235 · Mon, November 11, 2024
In this episode 235 of the podcast I bring you all the detail about a recent case decided by the Employment Appeal Tribunal, Hunter V Carnival plc in which the Appeal Tribunal considered the protection provided by regulation 10 of the Maternity and Parental Leave Regulations 1999. In this episode we cover: The protection provided to women on maternity leave by regulation 10 of the Maternity and Parental Leave Regulations 1999. The analysis of a suitable alternative vacancy in the context of maternity leave protection when a redundancy situation arises. What employers have to consider if they are making redundancies when an employee is on maternity leave or another period of family leave. What the difference is between reducing numbers of staff in a role and creating new reduced number roles. You can read the full judgment here: <a href= "http://chrome-extension//efaidnbmnnnibpcajpcglcl
S1 E234 · Mon, October 14, 2024
On the 10th October 2024 the biggest reform of employment law for many years was published in the form of the Employment Rights Bill. In this episode 234 of the podcast I bring you all the detail about the changes to employment law. In this episode we cover: Sexual Harassment ‘all’ steps prevention Employees who make a sexual harassment disclosure will become a ‘protected disclosure’ for whistleblowing protection Employers will be liable to third party harassment Removal of the unfair dismissal qualifying period Introduction of a statutory probation period Regulation on zero and low hours contracts Additional rights for those on zero hours or low hour contracts Additional pregnancy protection from dismissal Additional protection for those who take family leave End to employers ability to dismiss employees who refuse a change to their contract terms Addi
S1 E233 · Mon, September 30, 2024
From the 26th October 2024 a new proactive duty to prevent sexual harassment comes into force and will apply to all employers regardless of size. In this episode 233 of the podcast I bring you all the detail about the change in the law as well as my advice and recommendations on what employers should be doing to ensure compliance. In this episode we cover: What the new legal obligation means. The consequences of not complying with the new obligation. The steps that employers should take to ensure minimum compliance. Why an annual review is needed. Why training for managers and all staff is important. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person
S1 E233 · Fri, September 13, 2024
We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer. Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers. In this episode 232 of the podcast I bring you a run down of the key things employers can do if they find themselves in a situation where confidential information has been taken and how to safeguard and prevent the loss in the first place. In this episode we cover: The reasons why departing employees may take confidential information or documents, The immediate steps employers should take when they find out that an employee has taken confidential information. The legal options available includi
S1 E231 · Fri, July 19, 2024
In this episode 231 of the podcast I bring you an interview with Alice Derbyshire who is a specialist coach and speaker and who works with parents and employers on making the transition back to work as easy as possible. In this episode of the podcast we cover: What the key issues are for HR and managers to consider. Tips on how to reintegrate new parents back to the workplace. Why communication is key to a successful return to work. Why both employee and employer have a role to play in making it a success. The importance of one to one and or performance reviews before someone leaves for maternity leave. Why you need to have a plan in place for breastfeeding employees. Health and safety reviews for pregnant employees and new mums. The importance of putting in place touch points during parental leave. Alice has also produced a document for you ‘Return to work from Parental Leave –
S1 E230 · Fri, July 05, 2024
We are often called upon by employers and managers to advise on situations where issues with performance arise with employees, and the manager/employer has reached the end of their patience with the individual. We are also regularly asked by employers about how to manage employees who do not do what is required or are not up to standards. Whilst we can advise and resolve issues using a formal performance management process it is much better to head off the issues at an early stage and avoid the formal process altogether. In this episode 230 of the podcast I bring you a run down of the key things you can do to set your employees up for success. In this episode of the podcast we cover: Assessing and checking if you and your team understand their role and contribution to the business How to start in setting out goals and targets for each employee Why it is important to have the goals and targets and aims in place How it will help yo
S1 E229 · Fri, June 21, 2024
In recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment. In this episode 229 of the podcast I bring you a run down of the employment rights that apply to directors who are employees of the business. I also cover my tips on avoiding disputes and how to resolve them quickly in the event of a dispute arising. In this episode of the podcast we cover: When a director is also an employee. The rights of directors who are also employees. Why you need to have an employment contract and clear terms in place at the outset. The importance of company documentation. Why you need to have targets and goals for directors that are measurable. Why you should caution against dismissing a director from thei
S1 E228 · Fri, June 07, 2024
Episode 6: Listener questions answered about disciplinary issues & unfair dismissal In this weeks’ episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 228 I will cover: What to do if an employee fails to attend a disciplinary hearing What to do if an employee is signed off sick during the disciplinary process My suggestion on how you should handle matters if an employee asks to be accompanied at the hearing by someone other than a trade union rep or work colleague How to handle things if you have a small business and you are the only person able to deal with the investigation process and discip
S1 E227 · Fri, May 24, 2024
In this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 227 I will cover: What the remedies are for unfair dismissal. What the difference is between an order for reinstatement and an order for re-engagement. How compensation for unfair dismissal is calculated. What the ‘Basic Award’s is. What the ‘Compensatory Award’ includes. What the Statutory Cap means. How causation effects compensation for unfair dismissal. What a Polkey deduction is. How the employees contributory fault can reduce compensation. What will happen if an employee has b
S1 E226 · Fri, April 12, 2024
In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinar
S1 E225 · Sun, March 17, 2024
In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect’ in an allegation of misconduct How to deal with
S1 E224 · Fri, March 01, 2024
In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 224 I will cover: What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason for the dismissal Why the burden shifts in a claim for Automatic Unfair Dismissal What you need to consider before dismissing an employee <h
S1 E223 · Fri, February 16, 2024
This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I will cover: The history of unfair dismissal How unfair dismissal started in the early 1970’s What it is and where you will find the law The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal The qualifying period for unfair dismissal Unfair dismissal claims with no qualifying period of service Claims for Automatic Unfair Dismissal The time limit for claims Circumstances wh
S1 E222 · Fri, February 02, 2024
In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024. In this episode of the podcast we cover: The definition of irregular hour worker The definition of part year worker How statutory holiday entitlement is accrued for irregular hour and part year workers How you can deal with carry over of leave How to calculate holiday pay Rolled up holiday pay is now permitted for irregular and part year workers Examples of what to consider when calculating holiday Why it is important to check contracts and holiday terms for existing employees before making a change to your holiday entitlement and pay Harpur v Brazel Case Supreme Court case that has now been overturned and which is covered in Episode 202 <a href= "https://realemploymentlawadvice.co.uk/po
S1 E221 · Fri, January 19, 2024
In this episode 221 of the podcast I bring you my thoughts and reflections on the case of Bates v The Post Office and whilst not directly related to employment law there are lots of lessons that all employers and HR can take from the events that took place. In this episode of the podcast we cover: Why employers and HR need to take internal investigations seriously. The key things that investigators get wrong in disciplinary and grievance investigations. The civil test of ‘balance of probabilities’ and what this means. The importance of a common sense approach to issues that arise. Why communication is important at all levels of the organisation. Why large organisations need to have in place a means of obtaining feedback from the ground level through to Board level. How setting up employee forums, committees and/or employee representatives is a good way to establish if issues are systemic. Why the freq
S1 E220 · Fri, January 05, 2024
In this episode 220 of the podcast I bring you an interview with Fay Wallis who is a specialist career coach who helps HR and People Professionals. In this episode of the podcast we cover: What the key issues are for HR and people professionals. Tips on how to address the key issues. Time Management tools techniques and resources for HR professionals. Being pulled in different directions and how to manage this. How to deal with confidence issues and manage imposter syndrome. How to influence in your role. Fay Wallis If you work in the HR or People team and want to have a successful and fulfilling career but have a challenge that’s getting in the way, I’m here to help. A qualified career and executive coach with a background in HR, here are some of the ways I can support you with building your skills, confidence, opportunities and impact at work: 𝗛𝗥 𝗣𝗟𝗔𝗡𝗡𝗘𝗥 Why not download the free conde
S1 E219 · Fri, December 15, 2023
In this episode 219 of the podcast I bring you an interview with Michelle Gyimah who is a specialist pay gap strategist. Michelle is an expert in assisting businesses and organisations to close their pay gap. In this episode of the podcast we cover: Why the gender pay gap is an important consideration for employers. Why the gender pay gap still arises. The benefits to employers of addressing the pay gap in their business or organisation. What businesses and organisations should be considering with regards to their gender pay gap. Simple steps employers can consider for equality. Other areas of pay gap for employers to consider. Some examples of how employers can make a change. Michelle Gyimah I’m a Pay Gaps Strategist. I specialise in supporting HR Directors to close their pay gaps sustainably. One of the key aspects of the work I do with organisations is provide training on how to
S1 E218 · Fri, December 01, 2023
Prevention of Sexual Harassment obligations for employers are changing in 2024 In this episode 218 of the podcast I bring you an update on the new sexual harassment laws in 2024, including all the information employers need to consider. In this episode of the podcast we cover: What is the current law about workplace sexual harassment. What the Equality Act 2010 states about sexual harassment. Why there has been a change in the law. Some examples of conduct of a sexual nature that would constitute sexual harassment. How a single incident can be sexual harassment. Who can claim sexual harassment. Compensation awarded for sexual harassment claims. New legal duty on employers to take reasonable steps to prevent sexual harassment. What practical steps employers can take now. Recommended training for managers and employees. The importance of a pol
S1 E217 · Fri, November 17, 2023
How employers can assist employees with sight or hearing loss to succeed In this episode 217 of the podcast I bring you an interview with Dan Williams who is the founder of Visualise Training and Consultancy an organisation which promotes and enables inclusion, accessibility and equality for people living with visual impairment, hearing loss and other forms of disability. Dan is an expert in assisting businesses and organisations to be more accessible. In this episode of the podcast we cover: How to encourage employees to be open about their condition or disability. Creating an inclusive culture at work. Ways in which employers can make reasonable adjustments for those with sight and hearing loss. Why it is important to give meaningful consideration to adjustments. Some examples of how employers can make a change and be more inclusive. Dan Williams “I established Visualise in 2014 with assistance from <
S1 E216 · Fri, October 20, 2023
This case illustrates when an employee can qualify for protection from discrimination due to menopause symptoms In this episode 216 of the podcast I bring you a summary of a case that was decided by the Employment Tribunal in regards to the issue of whether an employee was treated less favourably due to menopause symptoms and whether her employer was under an obligation to make a reasonable adjustments. The case is Mrs M Lynskey v Direct Line Insurance Services Ltd . In this episode of the podcast we
S1 E215 · Fri, October 06, 2023
In this episode 215 of the podcast I bring you an interview with Jan Brookes who is the CEO of a local Isle of Wight Charity, Isle Access. Jan is an expert in assisting businesses and organisations to be more accessible. In this episode of the podcast we cover: The number one thing that all employers can do, with no expense, to assist their staff with long term health conditions. Ways in which employers can make reasonable adjustments. Why it is important to give meaningful consideration to adjustments. Some examples of how employers can make a change and be more inclusive. About Jan Brookes CEO Jan is the CEO of Isle Access. Jan has had a notable career of over 40 years in nursing including holding a short service commission as a nursing officer in the RAF. She has considerable experience of caring for people with disabilities and poor mobility, and latterly worked in care home management. For a short p
S1 E214 · Wed, September 27, 2023
In this episode 214 of the podcast I bring you a summary of a case that was decided by the Employment Appeal Tribunal in regards to the issue of whether an employer was under an obligation to make a reasonable adjustment to their recruitment process for an applicant with regards to his dyspraxia. The case is AECOM Ltd v Mr C Mallon. In this episode of the podcast we cover: Why businesses need to ensure that they are open to reasonable adjustments in the recruitment process. The facts of the case and why they are rather unique as Mr Mallon had previously been employed by AECOM Ltd. How HR for the employer got it wrong and could have resolved the matter by a simple telephone call. Why someone has to be a genuine applicant for the job role in order to claim discrimination under the Equality Act. Tips for employers in ensuring that your recruitment process is inclusive, fair and reasonable. <div class="wp-block-spacer" a
S1 E213 · Fri, September 08, 2023
This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting work In this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP. In this episode of the podcast we cover: Why businesses need to ensure that agreed terms are set out in writing at the outset. How the Employment Tribunal made a determination of Mr Guler’s status. Why the Employment Tribunal decided that Mr Guler was a worker. The issues that can arise about status and remuneration if you do not set out the terms in writing. Case Reference You can read the full judgement here: <a href= "https://assets.publishing.service.gov.uk/media/64db5181c8dee400127f1c68/Mr_A_Guler_-v-Newma
S1 E212 · Fri, August 25, 2023
Workplace mediation is a critical tool for resolving disputes in the future of work In this episode 212 of the podcast I bring you an interview and discussion with my colleague Jo Carley , who is an experienced workplace mediator and strong advocate for alternative dispute resolution in workplace disputes. In this episode of the podcast we cover: What is workplace mediation. When workplace mediation is appropriate. When employers should be considering workplace mediation. Why it should be the starting point for any grievance formal or informal. Why there is always a loser in the grievance process. How workplace mediation works in practice. The steps employers should be considering to implement workplace mediation. <div
S1 E211 · Fri, August 11, 2023
In this episode 211 of the podcast I bring you a run down from a case decided by the Employment Appeal Tribunal where the issue of making a change to employee contract terms was considered in the context of the employee’s eligibility for an enhanced redundancy payment. The case we are covering is Jackson v The University Hospitals of North Midlands NHS Trust [2023] . In this episode of the podcast we cover: The options available to employees if they disagree with a change to contract terms. The potential risks for employers of implementing changes without agreement. What employer
S1 E210 · Fri, July 28, 2023
What should employers consider when employing care leavers or care experienced people In this episode 210 of the podcast I am joined by Ali Steele from Wight Oak Youth Services to discuss the importance for employers to think purposefully about employing care leavers and to consider the individual requirements of those who are care experienced. In this episode of the podcast we cover: Why it is important to consider care experienced employees. What steps you can take to show support for care experienced employees. The kinds of things that employers should be considering with regards to care leavers and care experienced persons. Why christmas celebrations and birthdays can be a trigger or particularly difficult for care leavers. Why young people from care often have higher resilience and better life skills and are more resourceful when compared to their peers. Small things that you can
S1 E209 · Fri, July 14, 2023
Procedure and Tips for employers about disciplinary investigations In this episode 209 of the podcast I will explain why getting the disciplinary investigation process right is critical to successfully defending a claim for unfair dismissal and the steps that you need to take. In this episode of the podcast I cover: Why assigning the right person to investigate is crucial. The steps that you need to take to set the scope of the investigation. When you should notify the ‘accused’ of the investigation. At what stage you should interview the ‘accused’. Getting witness accounts of events. Whether employees have the right to be accompanied at an investigation meeting. Minute taking or audio recording of the meetings. Dealing with reluctant witnesses. The frequently asked questions about disciplinary investigations. Some example scenarios to consider.
S1 E208 · Fri, June 30, 2023
In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take. In this episode of the podcast I cover: What is gross misconduct? The legal test for determining a fair dismissal for gross misconduct The difference between misconduct and gross misconduct Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or rules What is wrongful dismissal? The connection between wrongful dismissal and unfair dismissal for gross misconduct Some interesting example cases 5 key points to consider and take action in relation to gross misconduct Cases referred to : <a href= "https://www.gov.uk/employment-tribunal-decisions/mr-a-george-v-dorset-healthcare-university-nhs-foundation-trust-1405892-sl
S1 E207 · Wed, May 31, 2023
The reasons cases arise and steps you can take to prevent them In this episode 207 of the podcast I bring you the most common reasons for Employment Tribunal claims to arise in our experience and ways you can reduce the risk of a claim arising. In this episode of the podcast I cover: The most common type of legal claim in our experience at this time. The reasons why claims arise. The fact that untrained managers and/or decision makers create the highest risk. How following a simple process and keeping paperwork can reduce the risk of claim. Why creating a culture of honesty and transparency can mitigate issues from arising. The importance of addressing issues early on in a dispute or potential dispute. Why looking at alternative methods of resolving conflict, that avoid the grievance procedure is critical. Why managers should always follow up on reports made to them b
S1 E206 · Fri, May 19, 2023
In this episode 206 of the podcast I bring you a run down of the proposed changes to employment law announced by the government on the 10th May 2023. The gift that keeps giving….covid and furlough employment cases. In this episode of the podcast I cover: The change announced in regard to the sunset bill. The fact that EU laws will be retained unless specifically revoked (for the time being at least). Some welcome changes to working time rules. Changes to holiday pay and calculations. Changes to TUPE transfer requirements. Making non-compete clauses post-termination no longer than 3 months. The decision of the Employment Appeal tribunal in the case of Lovingangels Care Ltd v Mhindurwa where furlough was not considered as an alternative to redundancy. You can read the full judgement here: <a href= "https://www.gov.uk/employment-appeal
S1 E205 · Fri, April 21, 2023
In this episode 205 of the podcast I bring you my thoughts and guidance on the appraisal process and how to ensure that you are getting it right. In this episode of the podcast I cover: Why employers undertake appraisals. Why employers think they should undertake appraisals. Why I hate the scoring system in an appraisal process. The things that can go wrong. How to prepare for a good appraisal process. The process to follow. How to deal with issues that may arise in the meeting. Why follow up is critical to success. If you are introducing an appraisal process or would like guidance on refreshing your process, or training for your managers then please do get in touch and we will be happy to assist. Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for emplo
S1 E204 · Thu, April 06, 2023
Disability discrimination for something arising from the disability In this episode 204 of the podcast I bring you details of a case recently decided by the Employment Appeal Tribunal which deals with the issue of behaviour arising from disability. In the case of McQueen v General Optical Council the Tribunal and Employment Appeal Tribunal considered the reasons for the employers actions. In this episode of the podcast I cover: Section 15 of the Equality Act 2010. The legal test for determining if someone has been treated unfavourably because of something arising in consequence of their disability. The facts of this case. The outcome as decided by the Tribunal and then upheld by the Employment Appeal Tribunal. How employers should approach issues with employees who have a disability. Points to note. How to deal with aggressive behaviours at work. <div class="wp-block-spacer" aria-hidden="tr
S1 E203 · Fri, March 24, 2023
In this episode 203 of the podcast I bring you a run down on the steps you need to take to effectively manage an employee who is not performing to the level you require. I also touch upon how to address those niggly attitude or behaviour issues that seem to be coming up more and more frequently. In this episode of the podcast I cover: The starting point and self-reflection as a manager. Why it is important to go through an informal process first. What the informal performance management process looks like. Why a Performance Improvement Plan (known as a PIP) should be the last possible option with poor performance. How to go through a formal process. When you can issue warnings. How long a process should take. Answers to frequently asked questions about performance management. How to deal with poor attitude. How to address general small scale poor behaviours. <div class="wp
S1 E202 · Fri, March 10, 2023
In this episode 202 of the podcast I bring you an update on the latest news about holiday pay and holiday entitlement following the Supreme Court Case of Harpur Trust v Brazel . In this episode of the podcast I cover: Basics of holiday entitlement. The foundations of holiday entitlement in law. How to calculate holiday pay for employees and workers with regular hours and pay. How to calculate holiday pay for employees and workers whose hours vary. What to include in the calculation of the 52 week average for holiday pay. Why all employees and workers are entitled to 5.6 weeks paid holiday regardless of the number of hours that they work. Why part year workers are entitled to 5.6 weeks holiday. Whether you can pay rolled up holiday pay. You can ready the full judgement in the Har
S1 E201 · Fri, February 24, 2023
In this episode 201 of the podcast I am joined by Kate Davies, Independent Fertility Nurse Consultant, Corporate & Fertility Industry Consultancy & Podcast Host of the Fertility Podcast. I came across Kate’s details in a Facebook post shared by innocent and was inspired by the great work that she has been doing with innocent and many other businesses and organisations. <img class="wp-image-21725" src= "https://b1862538.smushcdn.com/1862538/wp-content/uploads/2023/02/Innocent-Facebook-post-1024x879.jpg?lossy=1&strip=1&webp=1" sizes="(max-width: 800px) 100vw, 800px" srcset= "https://b1862538.smushcdn.com/1862538/wp-content/uploads/2023/02/Innocent-Facebook-post.jpg?size=160x137&lossy=1&strip=1&webp=1 160w, https://b1862538.smushcdn.com/1862538/wp-content/uploads/2023/02/Innocent-Facebook-post-300x257.jpg?lossy=1&strip=1
S1 E200 · Fri, February 10, 2023
Case review of two interesting recent Tribunal cases In this episode 200 of the podcast I bring you a run down of two interesting cases that have been in the news recently. The first is the case of Glover v Lacoste & Mr R Harmon which is an Employment Appeal Tribunal case involving sex discrimination following the Employers requirement that managers must work flexibly with no set shift pattern or days of work. This is an interesting case as there seems to be a trend, particularly among retail organisations, that you have to work full time to be a manager or, like in this case, be available to work at any time. Aside from the legal implications of this type of policy it is also excluding large numbers of people from management roles and thereby narrowing the pool of talent available, at a time when recruitment is particularly difficult. You can read the full judgement here: <a href= "https://www.gov.uk/employment-appe
S1 E199 · Fri, January 27, 2023
School Closures: What are your options? In this episode 199 of the podcast I bring you some ideas for planning ahead for teacher strikes that may close schools and impact on your employees. In this episode I cover the following: Why you should plan ahead and discuss with staff asap. The impact and stress that could be caused to individuals. The importance of planning for your business continuity. Options available to you. Paid leave at your discretion. The availability of holiday. Changing hours or working flexibly. Unpaid leave under the statutory right to time off for dependents Home working. If you have any questions or would like some advice about how to handle this then please do not hesitate to get in touch, by email to alison@realemploymentlawadvice.co.uk or telephone 01983 897003. Fixed Price Adv
S1 E198 · Fri, October 07, 2022
Being a good manager means moving from being reactive to being proactive via regular dialogue with staff In this episode 198 of the podcast I bring you my tips and ideas on how to have effective one to one and supervision meetings with staff. One of the things that many managers struggle with when managing people is maintaining regular meaningful communications with staff. In this episode of the podcast I cover: What is a one to one and supervision meeting. What is the difference between a one to one and a supervision meeting. Why it is important to incorporate in your management of staff. Why it does not have to be a complicated process. Why it is effective in improving performance. The steps needed to hold effective one to one and supervision meetings. What to include in your conversation. Why follow up is critical to success How it will save you time in the long run. <
S1 E197 · Fri, September 23, 2022
An interesting case where there was no written requirement to tell the employer about bankruptcy In this episode 197 of the podcast I bring you details of the case of Pubbi v Your-Move.co.uk heard by the Employment Appeal Tribunal dealing with unfair dismissal. In this episode I cover: The facts of the case The decision of the employment tribunal Assessment of the reasonableness of the employers decision to dismiss Advice on the case Why employers need to be prescriptive of their requirements of staff Some alternative scenarios in this case The decision of the employment appeal tribunal You can read the full judgement here: https://assets.publishing.service.gov.uk/media/62c2d86b8fa8f54e81e2ce25/Mr_K_Pubbi_v_Your-Move.co.uk__2022__EAT_96.pdf
S1 E196 · Fri, September 09, 2022
Step by step guidance on the Employment Tribunal Process In this episode 196 of the podcast I bring you the sixth and final episode in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This 6th episode is about the final preparation for the hearing in the Employment Tribunal. In this episode I cover: Documents that you may be required to prepare. Documents you may find helpful to prepare. What a chronology is. What a Cast List is. What Written Submissions are. How you should prepare if you are representing yourself. Sharing the bundle with the Employment Tribunal. Video Hearings. In Person Hearings. Links you may find helpful: <a href= "https://realemploymentlawadvice.co.uk/2021/11/18/preliminary-hearing-in-the-employment
S1 E195 · Fri, July 22, 2022
In this episode 195 of the podcast I bring you the fifth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This 5th episode is about the process of preparing and exchanging witness evidence. In this episode I cover: When you need to exchange statements. How to prepare witness statements. What witnesses to call. What you need to include in the witness statement. Why the word count in your witness statements is important. Why you need to consider the number of witnesses. When to make an application to the Employment Tribunal to extend the word count or increase the number of witnesses. What to consider if you want to compel a witness to attend. Why it is important to agree the time for exchange of statement. <div class="wp-block-spacer" aria
S1 E194 · Fri, July 08, 2022
In this episode 194 of the podcast I bring you the fourth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This 4th episode is about the process of disclosure where you are required to share the evidence you have with the other party. In this episode I cover: Your legal obligation to provide documents that support and undermine your case. Why you have to provide documents that may help the other party’s case. How to prepare and where you need to check for evidence. The type of evidence that you will typically have. How to prepare the list of documents. What you should do about redacting documents. Whether you need to disclose confidential or commercially sensitive information. What you need to do if documents are missing from the other party’s list of eviden
S1 E193 · Fri, June 24, 2022
In this episode 193 of the podcast I bring you the third in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This third episode is about what happens at the Case Management or Preliminary Telephone Hearing: The purpose of the case management hearing. The preparation needed for the telephone hearing. Why it is important to complete the agenda supplied by the Tribunal. Why you should try to agree the agenda with the other party. What information you need to hand for the hearing. Why you need to know what your dates of availability are like, not just for a hearing but for the preparation required. The importance of understanding the case facts and which basis in law you are bringing your claims Why you should speak up if you do not agree or not understand somethin
S1 E192 · Fri, June 10, 2022
Step by step guidance on the Employment Tribunal Process In this episode 192 of the podcast I bring you the second in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This second episode is about what happens after the claim and defence have been filed and includes: The different process that is likely to apply based on the type of claim. If it is a more complex case then it is likely the Tribunal will set a telephone case management hearing. What happens in simpler cases, such as straightforward unfair dismissal claims. The type of Order that the Employment Tribunal will make. Why it is important to check the dates of any hearings given by the Tribunal. The importance of contacting the Employment Tribunal asap if you or any witnesses are unavailable on the date that an
S1 E191 · Thu, May 12, 2022
Step by step guidance on the Employment Tribunal Process In this episode 191 of the podcast I bring you the first in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim. This first episode is about starting the claim process and includes: ACAS Early Conciliation process Why you need to obtain a certificate from ACAS When an employer may not know that an employee has started the claim process via ACAS How to file an employment tribunal claim What you need to include in your claim What happens after you have made a claim When you will receive a copy of the claim from the Employment Tribunal How to complete your defence to a claim Methods of submitting your defence The importance of acting quickly and not delaying in filing the defe
S1 E190 · Fri, April 29, 2022
In this episode 190 of the podcast I bring you my tips and ideas on how to best handle having difficult conversations with employees. One of the most difficult parts of managing people is having uncomfortable conversations particularly about performance and behaviour. But it can be an easier process and one that you do not have to dread. In this episode of the podcast I cover: What is a difficult conversation? Examples of difficult conversations Reasons we avoid difficult conversations The dangers of avoiding difficult conversations What makes it easier to deal with My simple approach to difficult conversations Why ‘Kind Candour’ is key Why you should follow Gary Vaynerchuck’s example when dealing with employee issues that arise During the Podcast I referred to a blog post and book. You can read the blog post here: <a href= "
S1 E189 · Mon, April 11, 2022
In this episode 189 of the podcast I bring you a detailed account of how to get your recruitment process right, and why a good process is important to ensure that you get the best candidate, conduct recruitment fairly and avoid any legal claims. In this episode of the podcast I cover: What you should consider before you start a recruitment process. Best practice. Things to avoid. The importance of having objective selection criteria at every stage of the process. What you should include in your process and procedure. What to consider when making an offer of employment. How to prepare for a new starter. The importance of good record keeping. Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and
S1 E188 · Thu, March 31, 2022
In this episode 188 of the podcast I bring you a detailed account of the probation period at the start of employment or the start of a new job role. Probation periods are something that most employers use but rarely utilise in the correct manner. In this episode of the podcast I cover: What a probation period is. Why you should have a probation period. What is the purpose of a probation period. When not to bother with a probation period. How it will set up the tone of the relationship between you and the employee for the future. What to do if you need to extend the probation period. What to do if you need to terminate someones employment during or at the end of the probation period. How to deal with a probation period for an existing employee starting a new role. The importance of good record keeping. Why communication is the key to a good start to the employment relationship. <
S1 E187 · Fri, March 18, 2022
In this episode 187 of the podcast I bring you an interview with Jeri Williams, an employer who has implemented a results only working environment within her business. In this episode of the podcast we cover: What is results only working or ROWE? Why Jeri decided to implement results only working in her business? The practicalities of implementing results only working. The benefits to staff recruitment and retention. What are the teething problems or potential issues that can arise. How to set up results only working in your business. The importance of getting your contracts, policies and KPI’s right before starting results only working. Jeri Williams Jeri is the Founder and CEO of Smooth Accounting and this is from her LinkedIn bio: ‘I started an accountancy practice from my garage in 2016, won some awards, did a thing, have signed up over 600 clients, now have beautiful offices
S1 E186 · Mon, March 07, 2022
In this episode 186 of the podcast I bring you information and ideas on how best to deal with issues of alcoholism and substance abuse at work. In this episode of the podcast I cover: Why employers need to think purposefully about how to deal with alcohol and substance abuse among employees. Why alcohol and substance abuse issues may arise. Your legal duties as an employer. The impact of alcohol and substance abuse at work. How to deal with disciplinary issues that arise as a result of alcohol and substance abuse. Some practical tips for employers. You may also find the following helpful. Alcohol at work: What do you need to consider for your policy? This episode was as a result requ
S1 E185 · Thu, February 17, 2022
In this episode 185 of the podcast I bring you my observations of the critical things that employers and HR professionals should be considering and acting upon now. This is in light of things that we are seeing in practice and which I can foresee causing difficulties in the very near future. In this episode of the podcast I cover: Why thinking about mental health and wellbeing of staff is critical at this time. At a very minimum you should be developing a wellbeing strategy for employees. Why you should be considering your staff who are/will be considered as the ‘working poor’. Highlighting the issue that may arise with lower paid staff in your organisation as the cost of living continues to rise. Why you need to think carefully now about what you will do when the rules around self-isolation upon receipt of a positive covid test will change? Some suggestions on what you may wish to include in your policy/process.
S1 E184 · Fri, February 04, 2022
The importance of following a fair process in an unfair dismissal claim In this episode 184 of the podcast I bring you details of a recent case decided by the Court of Appeal in respect of unfair dismissal in a redundancy situation. The case is Gwynedd Council and S Barratt & I Hughes In this episode of the podcast I cover: The basic position with regards to unfair dismissal and redundancy dismissals. Details of the case and why the Judge at the Employment Tribunal decided the dismissal was unfair. What employer’s need to consider when going through a redundancy consultation. Why a failure to allow an appeal against dismissal is one factor to be considered by an employment tribunal in a claim for unfair dismissal. You may also find the following he
S1 E183 · Fri, January 07, 2022
In this episode 183 of the podcast I bring you an interview with Nicola Green, a specialist in helping organisations with menopause support at work. In this episode of the podcast we cover: Why it is important for employers to think meaningfully about menopause support. The benefits of putting in place good menopause support and strategy. The fact that menopausal women are the fastest growing demographic in the workplace. Why having mental health first aid in place is important. What wellbeing initiatives you can implement. How addressing this topic can help other staff and staff issues. The key things that flow through menopause support, domestic violence and childless women among many other issues. Some useful links for you <a href= "https://realemploymentlawadvice.co.uk/podcast/domestic-violence-and-abuse-what-do-employers-need-t
S1 E182 · Thu, December 09, 2021
In this episode 182 of the podcast I bring you details of the current legal right to request flexible working and what employers need to know, as well as detail about the consultation for change to the flexible working rights and requirements. In this episode of the podcast I cover: The Government’s consultation behind the proposed changes to the current arrangements for flexible working. The current flexible working request regime. The proposed changes. How will the proposed changes work in practice. Practical tips for managing flexible working requests FAQ’s about flexible working. You may also find the following helpful. Right to request Flexible Working : Episode 1 <a href="https://realemploymentlawadvice.co.uk/podcast/124/" data-type="podcast" dat
S1 E181 · Fri, November 26, 2021
In this episode 181 of the podcast I bring you my thoughts on the main changes to the world of work that employers need to be aware of. These are my views on what has caused the change and what employers have to consider moving into 2022. I would be very interested to hear your thoughts on this? Have I missed something? What do you think will be the biggest change in 2022? Please leave a comment below or email me alison@realemploymentlawadvice.co.uk . In this episode of the podcast I cover: The issue of recruitment and retention. Why recruitment and the shortage of staff and skills is critical to business and business growth. Why, in my view, there has been a ‘perfect storm’ of factors coming together at the same time. The ‘shift in power’ that has come about as a result of the recruitment and retention crisis. Wha
S1 E180 · Thu, November 11, 2021
In this episode 180 of the podcast I bring you my practical top tips for managing mental health in the workplace. These are my practical tips which I recommend all employers implement in their business or organisation. Promoting good mental health practices and wellbeing need not be difficult and in this episode I breakdown into some easy steps to follow. In this episode of the podcast I cover: How to prevent issues from arising as a result of work. The importance of being aware and well informed. How to spot the warning signs among colleagues. Why the best managers really know their staff. Why open communication about mental health is critical. How to create a culture of openness and support. Why you should give meaningful consideration to reasonable adjustments. Practical ideas you can implement with limited resources.
S1 E179 · Tue, November 02, 2021
In this episode 179 of the podcast I bring you an extract from a webinar I recently delivered for our <a href= "https
S1 E178 · Thu, October 14, 2021
In this episode 178 of the podcast I bring you a fantastic interview with Karin, Sophia and Lindsay from Gateway Women an organisation who support childless women. To quote from the podcast interview “Women in the workplace who are childless is the biggest diversity issue that HR have not heard of” and hopefully in this episode we can educate employers and HR about the issue so that at the very least awareness is raised about this issue that is affecting more and more women. In this episode of the podcast we cover: The importance of being aware of childless women in the workplace in your equality, diversity and inclusion policies and planning. The importance of applying policies in the workplace in a fair and reasonable way regardless of parental status. Why you should consider implementing a specific policy in regards to childless employees. Why you should ensure you apply flexible working policies fairly. Why employers
S1 E177 · Thu, September 30, 2021
In this episode 177 of the podcast I bring you my practical tips for managing home working. This follows episodes 174 and 175 about the introduction of hybrid working. As many employers will be continuing with home working arrangements in the long term it is important to ensure that arrangements are made for the health, safety and wellbeing of the employee, and to ensure that supervision of the employee is effective and works for the business and employee. At Real Employment Law Advice we have been home working from the start which made it much easier for us to continue working smoothly when lockdown happened, but it also means that we have several years experience to draw from on what works and what does not work. In this episode of the podcast I cover: The importance of setting up home working arrangements correctly at the outset. Why you should have clear expectations of staff who work from home. The importance of a good quality
Thu, September 16, 2021
In this episode 176 of the podcast I bring you the latest information on furlough
Fri, July 09, 2021
In this episode 175 of the podcast I am following on from the last episode on Hybrid Working and this time bring you my list of practical considerations that employers should be working through when preparing to introduce Hybrid Working. In this episode of the podcast I cover: Why it is important to consult with staff before you finalise your policy and introduce Hybrid Working. Why you should give serious consideration to having a trial period for Hybrid Working before making it a permanent change. Why stipulating the frequency of days employees can work from the office is important. How to consider what days of the week employees must work from the office and why it is important to set this as a requirement of staff. Why you should think seriously at the early stages about office space and how it will work with employees coming to the office. Whether you need to change employee contracts or merely is
S1 E1174 · Thu, June 24, 2021
In this episode 174 of the podcast I am very pleased to be joined by Kate Davis, Leadership Coach and business mentor to talk about the very timely and topical subject of Hybrid Working. In this episode of the podcast we cover: Why this is a timely and particularly important issue now. Why it is important for employers to plan ahead and really look at the steps required to implement hybrid working. Why communication is the key to successful continued hybrid working. Some of the issues that can arise and which employers need to be aware of for success. Why it is important to revisit the issues around hybrid working in the future. Some practical people management tips to be successful with hybrid working. Meet Kate Davis Kate Davis is a Leadership Coach and business mentor, helping creative business owners to create their vision, and lead themselves first to grow a successful team and business. To
S1 E173 · Fri, June 11, 2021
In this episode 173 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough. In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result. This is the last episode in the mini series and in this episode I am bringing you some case examples decided by the Employment Tribunal. In this episode of the podcast I cover: The key points that an Employment Tribunal will look at to establish if a capability dismissal is fair. The steps that you need to ensure you f
Thu, May 27, 2021
In this episode 172 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough. In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result. In this episode of the podcast I cover: When an unfair dismissal claim can arise as a result of a capability dismissal. What you need to do to minimise the risk of a claim for unfair dismissal. Why preparation and getting the process right is crucial. What happens if an employee discloses a disability during
S1 E171 · Fri, May 14, 2021
In this episode 171 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough. In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result. In this episode of the podcast I cover: How to prepare for the formal capability / performance process. The steps you need to follow with a formal process. What you should include in your ‘investigation’ into performance / capability issues. What you need to include in the letter to the employee inviting the
S1 E170 · Thu, April 29, 2021
In this episode 170 of the podcast I start a new series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough. In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result. In this episode of the podcast I cover: What issues may be arising with staff and what you need to look out for. The things to consider before you embark on a capability or performance process. Why the starting point is always looking at you as the manager/employer and what you have done to contribute or not to the em
S1 E169 · Wed, March 31, 2021
In this episode 169 of the podcast I am covering the tricky question of what you can do if an employee refuses to return to the workplace because of covid concerns. Also with the guidance about shielding changing what you need to consider when asking a formerly shielding employee to return to work. In this episode of the podcast I cover: How to avoid problems from arising when you are getting ready to bring employees back to work. What you need to consider if an employee tells you they are worried about returning to work. Reasons why an employee may be worried about returning to the workplace. Why I would not advise you to force an employee to return. Why I would not advise you to go through a disciplinary process or dismiss an employee who refuses to return. What options are available to you for employees who will not return in the short-term and longer term. You can download a free copy of our
S1 E168 · Fri, March 19, 2021
In this episode 168 of the podcast I am covering an issue that has been coming up fairly frequently of late, as employers are looking to make changes to employee terms in light of uncertainty about the economy and what business will really be like once lockdown restrictions are eased. So what do you need to consider if you are changing employment contracts. In this episode of the podcast I cover: What to consider in advance of making a change to terms of employment. When a change may not be contractual. When a change may be covered by an existing term of the contract. What you need to consider if the changes cannot be agreed. Unilateral changes to the contract terms and potential implications. Giving notice to an employee and offering to re-engage them on the new terms. Possible legal risks of making changes to contract terms. Fixed Price Advice from Real Expe
S1 E167 · Fri, March 05, 2021
In this episode 167 of the Podcast I am joined by Tony Coward, who is a coach for adults with ADHD. Tony himself has been diagnosed with ADHD which led him to seek out others with the condition and begin his journey to becoming an accredited ADHD coach. In this episode we will cover: What adult ADHD is. How to recognise and seek an assessment for ADHD. Why employers need to be aware of adult ADHD within the workforce. Adjustments that can be made to assist employees with ADHD. When ADHD can be a disability for the purposes of the Equality Act 2010. Helpful Resources Contact Tony by email: nomaddcoach@gmail.com or via his website: https://www.nomadd.coach/ https://adhduk.co.uk/ https://www.gov.uk/access-to-work
Fri, February 19, 2021
Protected discussions leading to a Settlement Agreement In this episode 166 of the podcast I am covering an issue that was raised by a listener to the podcast, namely when you can rely on Section 111A of the Employment Rights Act 1996 to prevent settlement discussions being used against you as evidence. In this episode of the podcast I cover: What a protected conversation is. What the purpose of Section 111A Employment Rights Act is. What the difference is between a protected conversation under the statutory provision and the without prejudice rules. When to be cautious about settlement discussions. When you can rely on the ‘without prejudice’ rules. Why often it is worth the risk to have the conversation despite the possibility that your discussions will not be covered by the without prejudice or Section 111A rules. Fixed Price Advice from Real Experts As part of our HR Harbour annual s
S1 E165 · Thu, February 04, 2021
In this episode 165 of the podcast I am very pleased to be joined by Ed Grey from BlueTouchPaper consulting to talk about the very timely and interesting subject of Domestic Violence & Abuse and the interrelationship with work. This episode had been in the planning stages for several months, following a timely conversation between Ed and I, but by coincidence we recorded this episode only a couple of days after the Business Minister, Paul Scully MP published an open letter to Employers on the subject of domestic violence. You can find the letter here: https://www.gov.uk/government/publications/domestic-abuse-open-letter-to-employers-on-how-to-help-workers-find-the-right-support/domestic-abuse-open-letter-from-the-business-m
S1 E164 · Wed, January 20, 2021
In this episode 164 of the Podcast I address a question which has arisen frequently since the announcement by Boris Johnson on the 4th January 2021 that schools would close the next day. What are the options for employees impacted by school closures and childcare issues. In this episode I will cover the various options available including: Time off for dependents Parental Leave Holiday Unpaid leave Furlough Temporary changes to terms and conditions In this episode I also cover some practical guidance including: Checking in with staff regularly for welfare discussions Ensuring that you are being reasonable Managing expectations of staff during this time Being mindful of potential reputation implications of your decisions <div class="wp-block-spacer" aria-hidden="true"
S1 E163 · Fri, January 01, 2021
In this episode 163 of the Podcast I reflect on all that has gone on in the last year and cover the notable changes and developments in employment law and HR. In this episode I will cover: The development of the coronavirus pandemic. Furlough and the Job Retention Scheme. Redundancy processes. Development in Equality and Diversity in the workplace in the wake of the murder of George Floyd and the Black Lives Matter movement. The extension of the ACAS Early Conciliation time from 4 weeks to 6 weeks. Developments in the Employment Tribunal process with the growing usage of video hearings. Ethical veganism as a protected characteristic under the Equality Act. Changes to requirements for employment contracts. <img class= "wp-image-5475" src= "https://754419.smushcdn.com/1862538/wp-content/uploads/2020/02/Expert.jpg?lossy=1&strip=1&webp=1" sizes="(max
S1 E162 · Wed, December 16, 2020
In this week’s episode of the Podcast I am talking about a subject that has come up in several enquiries we have received recently, and which is particularly important at this time of year when decisions are being made about end of year bonus payments. So, when is an employer able to use discretion to decide not to pay an employee a bonus? In this episode I will cover: The difference between a contractual and discretionary bonus scheme. The consequences of failing to pay a contractual bonus payment. Why the Employment Tribunal is reluctant to allow employers to have complete discretion over payment of a bonus. What you need to consider if you are an employer who includes a bonus scheme as part of your pay package for employees. Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and ma
S1 E161 · Thu, December 03, 2020
In this week’s episode of the Podcast I am pleased to say it is a break from furlough and covid related news. When you make a claim in the tribunal or if you defend a claim you need to set out in writing the details of your claims or defence. In this episode I bring you some useful tips on making or defending a claim in the Employment Tribunal following a recent decision of the Employment Appeal Tribunal. In this episode I will cover: What the case of C v D UKEAT/0132/19/RN says about making a claim and keeping it brief. Some tips on making your case. Some tips on preparing your defence. Why my colleague got a ticking off from the Employment Tribunal after the judgement in the C V D case. You can read the full judgement in the C V D case HERE F
S1 E160 · Tue, November 17, 2020
The furlough extension scheme guidance was published on the 10th November 2020 and updates followed late on the 13th November 2020. In this episode of the podcast I bring you the key information about the scheme including: Points to note that differ from the previous scheme Changes to the scheme which will come into effect on the 1st December 2020 Why you cannot claim for a period of notice after the 1st December 2020 Who employers can claim for How the scheme works with regards to holidays What the reference period is for calculating wages Action to take Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough. Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agre
S1 E159 · Mon, November 02, 2020
Despite remaining resolute that the coronavirus job support scheme, commonly known as the furlough scheme, would end on the 31st October 2020, it was announced that, along with a second lockdown the scheme would continue. This means that the level of support employers have received previously and during the first lockdown will continue, with employers claiming 80% of wages for furloughed hours. In this episode of the podcast I cover the key points to note at this time (01/11/20): Any business can use the scheme. Employers must pay 80% of wages for time not worked, i.e. when the employee is furloughed. There is no additional contribution required, the government will pay the full 80% that you must pay to furloughed employees, up to a cap of £2,500. Employers are required to pay National Insurance and Pension Contributions. Flexible-furlough is available, meaning employees can wo
S1 E158 · Sun, October 18, 2020
In this episode of the podcast I cover two important updates for employers. Firstly, changes to the Job Support Scheme to provide cover for those employers who have to close their premises due to local lockdown restrictions. Secondly, with the UK’s withdrawal from the EU looming there are important steps that Employers must consider. In this episode I cover: What the amendments to the Job Support Scheme mean for employers. How much pay will be covered for those businesses forced to close. What employers need to do about EU National employees post Brexit. Why it is important that EU nationals apply for settled or pre-settled status before the 30th June 2021. Further information about the Job Support Scheme F
S1 E157 · Wed, October 07, 2020
In this episode of the podcast I cover a run down on what we know about the Job Support Scheme currently. The new scheme aimed at supporting ‘viable’ jobs is available for qualifying employers from the 1st November 2020. In this episode 157 I will cover: Which employees an employer can claim for under the scheme. The qualifying time for an employee to be on the payroll to make a claim. That large employers will have to demonstrate their turnover has been impacted. The way the scheme will work and that costs will be split between employer, employee and government subsidy. That employees have to work a minimum of 33% of their normal hours to make a claim for them. The minimum wages an employee must receive. How the scheme will work in practice. Restrictions on making redundancies and claiming under the scheme. Steps employers must take if they are going to use the Job Support Scheme.</
S1 E156 · Tue, September 22, 2020
In light of the increasing number of covid-19 cases in the UK, and increasing number of people with symptoms who are self-isolating whilst waiting for a text result, or are doing so on advice from the NHS, many employers are once again asking “what do I pay an employee who is self-isolating?”. In this episode of the podcast I answer this common question for employers and employees, as well as tackling other employment issues. In this episode I cover: When does an employee have to self-isolate? When Statutory Sick Pay (SSP) becomes payable to employees who are self-isolating? What the covid/coronavirus SSP changes are? Why employers need to ensure employees are encouraged to follow the rules and self-isolate when notified that they should. Possible new penalties for employers who actively encourage employees to work or who ‘punish’ employees who self-isolate when required to. Update on the Job Retention Bonus s
S1 E155 · Wed, August 19, 2020
This is the seventh and final episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover answers to the following questions: I have heard some people say it is unfair to make redundancies when the furlough scheme is still available, is this true? Can I make redundancies now or do I have to wait until the end of the furlough scheme? Do I have to keep employees on furlough if there is no work for them in the future? I have heard that there is a new way to work out redundancy pay is this correct? How do I calculate redundancy pay for someone who is furloughed? How much do I have to pay for notice? Do I pay 80% or 100% for notice pay? Can I claim furlough pay back from the government if it is for the notice period? I have heard that you cannot claim under the furlough scheme if you are making someone redu
S1 E154 · Tue, July 28, 2020
The unusual situation of maternity & redundancy plus answers to some FAQ's This is the 7th episode of a mini series focusing on redundancy advice for employers and how to ensure you get things right. In this episode I will cover: How to deal with employees on maternity leave What you need to do to consult employees on maternity leave What to pay employees on maternity leave When you have to offer an alternative role to an employee on maternity leave as a priority How to deal with notice for an employee on maternity leave What to do with employees on sick leave during a redundancy consultation Points to consider when consulting with a sick employee How to calculate redundancy pay for an employee on sick leave The relevance of the ACAS code of practice The legal obligation to allow an employee to be accompanied during the redundancy process What to
S1 E153 · Tue, July 14, 2020
This is the sixth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: The eligibility criteria for a statutory redundancy payment How to calculate continuous service and when it will be extended The relevant date for calculating redundancy pay When an employee will not be entitled to redundancy pay What happens if an employee refuses to work their notice What to do if an employee commits gross misconduct after being placed on notice of redundancy How to calculate redundancy pay How to work out a ‘weeks pay’ for employees with irregular hours and wages What will happen if a dispute arises about eligibility for redundancy pay What an employee will need to do if their employer cannot afford to pay their redundancy pay Points to consider if you pay enhanced redundancy pay or a di
S1 E152 · Tue, June 30, 2020
This is the fifth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: Why you need to consider alternative vacancies within your organisation The legal obligation upon you to inform ‘redundant’ employees When you need to search for group company vacancies What you need to do if two or more employees apply for an alternative vacancy Why you must give priority to employees who are on maternity leave Trial periods for alternative employment When it will be reasonable or not for an employee to refuse an offer of a suitable alternative vacancy Action Points Ensure that you have a mechanism in place for informing employees of internal vacancies within your business. Seek advice if you are unsure of the procedure. Get all of the documents you need to complete the process here: <a
S1 E151 · Mon, June 29, 2020
This is the fourth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: Why getting the correct Pool for redundancy is so important How to ensure you select a fair Pool for redundancy When you can have a Pool of one employee How to devise a fair selection criteria What objective criteria to use in your selection Why you should stay clear of subjective criteria wherever possible What you should avoid scoring employees on What information to give to employees about the scoring Action Points Ensure that you have basic recording and measuring of employee performance, attendance and other records available when selecting. Assign one or two people to manage the process of devising pools and completing selection criteria. Seek ad
S1 E150 · Wed, June 10, 2020
In this episode of the podcast I cover the recent update to the job retention / furlough scheme following the announcement from the Chancellor on the 29th May 2020. In this episode I will cover: The key changes to the scheme which come into effect on the 1st July 2020. Details about the impact on employees who are currently on ‘family leave’ plus listen through to the end for an addition I made following the exemption published on the 9th June 2020. Recommended steps and planning ideas for employers. Practical action points for employers. Action Points 1. The number one thing that you need to consider is the future of your business. If you have not already done so it is crucial to think – what is my business going to look like in the next 2, 3, 4 – 6 months? 2. Do you need to start making cutbacks of staff now or planning for the near future? If so, will you need to start a collective redundancy consultation? <p
S1 E149 · Tue, June 02, 2020
This is the third episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: When you are required to elect employee representatives. Why it may be helpful to have employee representatives even if you do not require them for legal reasons. Collective consultation timing for the process of electing representatives. The steps of the process that employers need to follow to fairly appoint/elect employee representatives. Practical steps and ideas to use if you are going through a redundancy process. Action Points If you are considering redundancy carefully consider if you need to elect employee representatives. Put in place a plan with timings for the process. Assign one or two people to manage the process. Seek advice if you are unsure of the procedure. Get all of the documents you n
S1 E148 · Wed, May 13, 2020
This is the second episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: What the difference is with consultation for 20 or more employees. What a minimum consultation would be. How to deal with a Collective Consultation. Why consultation is vital for a fair dismissal. When you have to notify the Secretary of State. How to consult employee representatives. What the ‘Protective Award’ is. Things to consider when consulting with employees during the covid-19 pandemic. Why you should include extra time for the consultation process if staff are working from home or furloughed. Why it is important to consider timing of the process in light of the recent extension to the furlough/job retention scheme. Action Points If you are considering redundancy carefully calculate the
S1 E147 · Sun, May 10, 2020
This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right. In this episode I will cover: What the legal definition of redundancy is How to establish if it is a true redundancy dismissal Some examples of when it will be a redundancy Statutory Definition of Redundancy – Section 139 Employment Rights Act 1996 (1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to— (a)the fact that his employer has ceased or intends to cease— (i)to carry on the business for the purposes of which the employee was employed by him, or (ii)to carry on that business in the place where the employee was so employed, or (b)the fact that the requirements of that business— (i)for employees to carry out work of a particular kind, or</p
S1 E146 · Mon, April 27, 2020
In this episode of the Podcast I interview Sarah Torres-Ferrick about strategies for managing staff during the current unusual working environment created by the coronavirus pandemic. About Sarah Sarah is a human resources officer and creator of the FUN Feedback Framework. For over a decade Sarah has worked with executives at government agencies on growing and sustaining high performing workforces. Now she uses these skills to bring effective human resources solutions to small businesses. Sarah helps leaders break through the complexities of having employees, so they can advance their businesses with confidence. Sarah conducts workshops and speaks at conferences of over 300 people. What we cover In this episode we cover: Why change is difficult The importance of your ‘trust bucket’ How to create and improve trust with staff Why being honest and transparent with staff is important Strategie
S1 E145 · Tue, April 14, 2020
In this episode of the podcast I cover the recent updated guidance about the job retention / furlough scheme following the publishing of an update from HMRC late on the 9th April 2020. Also including a summary of the scheme, the three key stages of the furlough process that employers should consider and my thoughts on annual leave and furloughing. In this episode I will cover: The updated position in respect of TUPE situations and transferring employees. Reassurance that those on a work visa can be furloughed. Summary of the key elements of the scheme that employers need to be aware of. What the three stages of furlough are that employers need to consider. The position in respect of consultation and collective consultation requirements. The current position and guidance availa
S1 E144 · Fri, March 27, 2020
In this episode of the podcast I cover further detail about the job retention / furlough scheme following the publishing of guidance from HMRC late on the 26th March 2020. In this episode I will cover: The qualifying date an employee needs to have been working for you and on your payroll in order to qualify for the 80% wages grant. How to calculate wages for a zero hours employee. How to calculate wages for someone with irregular hours and pay. Your options if you were due to take on a new starter in this time. How the scheme will work in practice. What information you need to have to provide to HMRC in order to claim. How to implement with staff. Why you have to pay staff and the recover the money rather than withholding pay until you have the money from HMRC. Action Points Check
S1 E143 · Fri, March 27, 2020
In this episode of the podcast I cover the key points about the job retention / furlough scheme that were known as of Thursday 26th March. Further details have been released since this episode was recorded and will be followed with a Part 2 episode with more information. In this episode I will cover: What is furloughing and what does it mean. What is the difference between lay-off and furloughing. The purpose of the job retention scheme. The impact of furloughing on your contractual obligations. What an employee can do if you do not pay them the full 100% of salary. Process for furloughing staff and what you need to do. Employers obligation to pay employees and then recover the money from HMRC. Why you need to consider cash flow for the next two months at least. Options if you cannot make the payment of wages to staff. Holiday and other contractual benefits during the furlough period
Tue, March 10, 2020
In this episode of the podcast I cover lay-off and short-time working as possible options for employers in uncertain times. In this episode I will cover: What is lay-off and short-time working? In what circumstances can you use lay-off and/or short-time working. What guarantee pay is. When an employee can apply for a redundancy payment. The consequences of laying someone off or putting them on short-time working if you have no contractual right to do so and no agreement in place. Some options to consider. Why it is important to communicate with staff. Why it is important to plan ahead now. Action Points Check y
S141 Enull · Tue, March 10, 2020
In this episode of the podcast I cover up to date key information for employers to consider. Correct as at 09/03/2020. In this episode I will cover: .What if the Employee returns from holiday in an affected area but has no symptoms or obvious exposure? What if the employee has possible exposure from someone who is infected and is advised to remain at home by a medical professional or on medical advice issued? Closure of the workplace or requiring staff to stay away from the office due to concerns? What if an employee has the virus? What if an employee wants to stay at home because they are worried or of a nervous disposition? What if an employee refuses to stay at home? What if the employee cannot work as their child’s school or nursery is closed? Some other considerations such as insurance and alternative ways of working. Action Points <
S1 E140 · Tue, February 25, 2020
In this episode of the podcast I respond to a listener question raised about the risks of allowing alcohol consumption during lunch breaks and whilst at work. In this episode of the podcast I will cover: When an absolute ban on alcohol may be necessary. How to set parameters around alcohol levels. What to consider if you allow drinking during work time. A couple of cases where alcohol in the workplace was involved, including two cases about the employer's liability for personal injury caused by intoxicated members of staff. Guidance on shaping your own alcohol policy. The Coronavirus & the workplace In this episode I also mention briefly the coronavirus and wha
S1 E139 · Mon, February 10, 2020
In this episode of the Podcast I interview Sheryl Andrews about one of the critical skills required by great employers and managers, the ability to listen! About Sheryl Author, Speaker and Coach are just a few of the roles she holds. Sheryl has a vision of a world where everyone feels heard, understood and valued. It is her personal mission to change the way the world listens. Listening is one of those skills we are quick to criticise when it is not happening, but few invest in developing their listening skills. As; “The Listening Detective” with her famous deerstalker hat, she is well known for her fun and engaging talks sharing all aspects of listening, the good; the bad and the sad. As the Founder of Step by Step Listening and lead coach, she creates a safe to speak environment that gives individuals a
S1 E138 · Tue, January 28, 2020
In this episode of the podcast I bring you an update on some of the cases that have been in the news recently. In this episode I will cover: Veganism as a philosophical belief The impact of the Tribunal decision Equal pay in the BBC Debenhams reported settlement with a transgender job applicant Useful Links Crowd Justice Site Slater & Gordon Site with
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