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The Employment Law & HR Podcast

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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.

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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.

iTunes Ratings

7 Ratings
Average Ratings
3
3
0
0
1

Enjoyable podcast!

By Malifanz - Dec 01 2017
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As an American employer lawyer, I appreciate hearing about the differences between US and UK employment law.

Great podcast

By 1R3L& - Nov 26 2017
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Listening to Alison has been extremely helpful in understanding all of the intricacies of employment law. I always enjoy the topics and find them to be very informative.

iTunes Ratings

7 Ratings
Average Ratings
3
3
0
0
1

Enjoyable podcast!

By Malifanz - Dec 01 2017
Read more
As an American employer lawyer, I appreciate hearing about the differences between US and UK employment law.

Great podcast

By 1R3L& - Nov 26 2017
Read more
Listening to Alison has been extremely helpful in understanding all of the intricacies of employment law. I always enjoy the topics and find them to be very informative.
Cover image of The Employment Law & HR Podcast

The Employment Law & HR Podcast

Latest release on Dec 24, 2019

Read more

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.

Rank #1: Why dealing with conduct issues now can save you time (& stress) later

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It is easy to let things slide & have an easier life, BUT it can be costly later on 

In this weeks' episode I explain the importance of addressing issues and having those difficult conversations when they occur rather than letting it go and trying to deal with it later on. In the last few months I have been advising a few employers who for one reason or another have reached the end of the line with an employee because of a culmination of small issues. However, because these small conduct issues have not been addressed when they arose it is almost impossible to rely on them later.

In this episode I will cover:
  • The importance of dealing with conduct issues as they arise, regardless of how uncomfortable or time consuming it may be;
  • Why it is difficult to rely on historic conduct issues to dismiss an employee;
  • The importance of setting out your rules and requirements of employees in a Handbook or set of rules;
  • Why it is important for employees to have been told the rules and requirements you have of them;
  • How to implement new rules and standards of conduct for existing staff;
  • Why it is important to tailor your documents, contracts and handbook to your business.
Action Points
  1. Review your Handbook and/or rules to ensure they cover the points that are important to your business;
  2. Make sure staff are aware of the Handbook and/or rules and seek evidence to confirm this;
  3. Consider an annual requirement for all staff to confirm they are aware of the rules and procedures;
  4. Deal with minor issues of misconduct when they arise and make a note of your conversation on the employee's personnel file;
  5. Seek advice and assistance if you are unsure of what to do with a disciplinary or dismissal issue;
  6. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
 Useful Links & Case References

Episode 26 of the Podcast - Reasonableness of a decision to dismiss

Episodes 34 - 39 - Unfair Dismissal Focus

Episode 36 - the Reasonableness Test

Mar 20 2017

20mins

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Rank #2: Family Rights at Work: Episode 3 Maternity & Adoption Leave & Pay Additional Considerations

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Employee Rights: Some Additional Considerations

This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this third episode in the series I round off with some final information employers will need to know with regards to employees who take maternity or adoption leave.

In this episode I will cover:
  • What you need to consider and be aware of with regards to redundancy.
  • Why you must offer a suitable alternative vacancy to an employee on maternity or adoption leave first.
  • What happens to an employee's holiday entitlement when they are on maternity or adoption leave.
  • Why it is important to include details about holiday in a contract or policy.
  • The additional protection from detriment that employees have when taking maternity or adoption leave.
  • The additional protection from dismissal because of exercising or intending to exercise the right to take maternity or adoption leave.
  • Recovery of statutory maternity and adoption pay via HMRC.
Action Points
  1. Ensure you include the details of any holiday requirements for employees taking or about to take adoption or maternity leave in your contracts or holiday policy;
  2. Ensure your managers and staff understand that employees have protection from detrimental treatment because they are taking maternity or adoption leave;
  3. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
   The Guardian Article

The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here

Featured in:

Dec 11 2016

13mins

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Rank #3: Wrongful Dismissal & Breach of Confidentiality: Episode 46

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Mr M Farnan v Sunderland Association Football Club
A claim for wrongful dismissal in the High Court

In this episode of the Podcast I bring you the detail and Judgement from a claim brought by a former employee of Sunderland FC which emphasises the need to have good provisions and policies for confidentiality in your employment contracts and Handbooks.

In this episode I will cover:
  • What the facts were leading to Mr Farnan's claim
  • Why Mr Farnan alleged that Sunderland FC were in breach of contract
  • What the High Court Judge considered to be serious breaches of confidentiality
  • What the High Court Judge considered in respect of an allegation that Mr Farnan had sent an offensive Christmas Card from his work email address
  • What you need to do to ensure you are covered in the event you take action against an employee in similar circumstances
  • How to protect your  confidential information
 Action Points

Review your contracts and handbooks to ensure that you have specific clauses regarding your expectations of confidentiality. If you want to prevent employees from sending emails to their personal emails and from 'banking' confidential information then you need to include an express provision to this effect.

Helpful Links

Full case report Farnan v Sunderland Association Football Club

 HR Harbour

Employment Law & HR Update Event

14th January 2016 at The Point, Eastleigh.

5pm for 5:30pm start

£4.90 per ticket

Get your ticket today as they are limited.

Jan 11 2016

28mins

Play

Rank #4: When is additional pay a reasonable adjustment for a disabled employee?: Episode 62

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In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the requirement to make a reasonable adjustment for an employee who is disabled and who took a different job role, as a reasonable adjustment, which would normally have 10% less pay. Case name G4S Cash Solutions (UK) Limited v Powell

In this episode I will cover:
  • The facts of the case and why the employee was arguing for more pay;
  • The background to the requirement to make reasonable adjustments for a disabled employee;
  • Why it is important to consider what is 'reasonable' in the particular circumstances;
  • Why full sick pay is not a reasonable adjustment;
  • Why the Employment Appeal Tribunal decided it would be reasonable for the employer in this case to continue to pay at the employees previous rate of pay;
  • Why you should take care in deciding what reasonable adjustments should be made for a disabled employee.
Resources

You can read the full judgement for the case here

You can find lots of examples of reasonable adjustments on the Equality & Human Rights Commission Website here

Action Points
  1. If you have a disabled employee or someone you suspect could be disabled you need to consider if any adjustments are needed;
  2. Seek advice if you are not sure about whether they would be a disabled person for the purposes of the Equality Act;
  3. Seek advice about specific adjustments for the circumstances;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
 Remember getting advice from a Solicitor need not be expensive or difficult!

Sep 05 2016

19mins

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Rank #5: Interview with Dr Julia Shaw: Documenting harassment & discrimination

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In this episode of the podcast I interview Dr Julia Shaw about Spot, which she has co-founded to help employers and employees with harassment and discrimination recording and reporting.

About Dr Julia Shaw

In 2017 Dr Julia Shaw co-founded the memory science and artificial intelligence start-up Spot.

Spot helps employees report workplace harassment and discrimination, and empowers organisations to build a more inclusive and respectful work environment.

Dr Shaw is also a psychological scientist at UCL, and is best known for her research in the areas of memory and criminal psychology.

Dr Shaw also consults as an expert on legal cases, particularly cases involving historic allegations.

Spot

Useful Links

https://www.drjuliashaw.com/

https://en.wikipedia.org/wiki/Julia_Shaw_(psychologist)

Julia's TedX Talk

https://talktospot.com/

Sep 17 2019

35mins

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Rank #6: Employee Grievances: Part 1 An introduction

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This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:
  • Why it is important to identify a grievance even when it may not be obvious!
  • The importance of handling grievances well.
  • The impact and potential legal consequences of failing to deal with grievances correctly.
  • The starting point for any employer when considering grievances.
Action Points
  1. Have a good internal grievance procedure;
  2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  
Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Apr 16 2018

16mins

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Rank #7: Disability Discrimination & a Premier League Football Club: Episode 53

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In this weeks' episode I bring you a recent case about a premier league footballer who has successfully pursued a claim for disability discrimination against his former employer, Newcastle FC.

In this episode I will cover:
  • The facts of the case;
  • Why the case is interesting & rare in the Employment Tribunal;
  • What an employers obligations are to an employee who is diagnosed with cancer;
  • Different types of disability discrimination;
  • Why you need to seek specialist advice before taking any action regarding a disabled employee.
Action Points
  1. Ensure that your managers and supervisors have at least some basic training on the Equality Act;
  2. Check that you have an Equality and Diversity policy in your staff handbook ;
  3. Get advice about any tricky issues that may arise alison@realemploymentlawadvice.co.uk .
Helpful Information & Links

The Equality Act 2010

 

Need Software for recording your HR information? Check out the  HR Harbour for more information

Apr 18 2016

12mins

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Rank #8: Having Difficult Conversations: Top Tips

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In this episode of the podcast I discuss the importance of managing difficult or contentious conversations successfully.

In this episode I will cover:
  • What difficult conversations are.
  • Why we avoid having them.
  • The dangers of avoiding these conversations.
  • My top tips on how to carry out these conversations successfully. 
Action Points
  1. It should not be a surprise - Ensure that you are holding regular conversations about the required standards and performance.
  2. Conquer your fears - The conversation in your mind is always worse than that of reality.
  3. Change your mindset - A difficult conversation tends to go best when you think about it as just a normal conversation.
  4. Be prepared - You need to ensure that the evidence backs up what you are trying to achieve.
  5. Be positive - Spin your questions with a positive approach to open the lines of communication and have a positive dialogue.
  6. Handle reactions with care - Acknowledge emotions and respond with kindness and empathy.
  7. Cut out all distractions - Give your whole, undivided attention to the conversation.
  8. Be consistent - Hold all your employees accountable to the same performance expectations.
  9. Keep it confidential - Builds trust and confidence.
  10. Summarise your understanding and agree a way forward - Encourage your employee to come up with the solution.

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Etienne Boulanger on Unsplash

Aug 20 2019

17mins

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Rank #9: Sexual Harassment at Work: Episode 88

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What is Sexual Harassment? & How does the law protect people in the UK?

Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to  ensure the culture in your workplace does not allow this kind of behaviour to take place.

In this episode I will cover:
  • The law in the UK regarding sexual harassment;
  • The legal test for establishing sexual harassment;
  • Some case examples of what constitutes sexual harassment at work;
  • Some tips and hints to prevent issues arising;
  • How to ensure that this culture does not develop in your organisation.
Action Points
  1. Act quickly if faced with allegations or suspicions of such behaviour;
  2. Be clear on the type of behaviour that is acceptable in your organisation;
  3. Have a clear policy on acceptable behaviour and methods or reporting;
  4. Deal with any allegations or issues seriously.
Useful Links

BBC 5 Live survey Results & Report: Here

Equality Act 2010

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Oct 30 2017

17mins

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Rank #10: Mental Health & Work: Mini Series Episode 4

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Mental Health: An interview with the experts 

Mental Health of employees is a difficult subject for employers to tackle and there are a number of implications of getting it wrong. In this mini series I will be focusing on Mental Health at Work and providing some hints, tips and legal advice for employers. This is the final episode in the series and I interview Ian Smith and Gill Hepburn from the italk Employment Team who are specialists in providing support and guidance to employees having difficulties at work as a result of or related to mental health conditions.

In this episode we will cover:
  • What the italk service is and who they help;
  • Guidance and tips for employers and employees;
  • Why mental health training for managers and supervisors is important;
  • Causes of issues at work;
  • Tips for employees who have mental health conditions;
  • Discussion on why more employees are diagnosed with mental health conditions as a result of work;
  • Why employers should know what their own policies and procedures say about mental health at work;
  • Resources and ideas for employers.
Resources for you
  1. www.italk.org.uk
  2. italk Employment Service
  3. Mindful Employer - www.mindfulemployer.net
  4. Mind - Free resources for Employers
  5. Find Psychological Therapies near you
  6. Legal and practical help for employers is available from the Real Employment Law Team why not give us a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

May 30 2017

23mins

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Rank #11: Taking on your first employee Part 1: Planning - Episode 54

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Taking on your first employee: Part 1Planning

In this weeks' episode I bring you the first episode in a miniseries focusing on taking on your first employee and theconsiderations which apply with taking on any new employee.

In this episode I willcover:
  • Planning and why you should focus on what you want the employeeto achieve, the outcomes before your recruit;
  • Why you should think carefully about all of the costs includingthe hidden costs of taking on an employee;
  • The importance of budgeting correctly when considering salaryand hours;
  • How you can find the right person;
  • How are you going to decide who is the right person for thejob;
  • What references and pre-employment checks you are going tomake;
  • Why an offer letter is important and what to include.
ActionPoints
  1. Brainstorm and plan what youwant before advertising;
  2. Look at your budget;
  3. Ensure that those who are dealing with recruitment have atleast some basic training on the Equality Act;
  4. Outsource all or some of the process. Contact us for a fixedfee quote alison@realemploymentlawadvice.co.uk .
Helpful Information &Links

The Equality Act 2010

May 03 2016

25mins

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Rank #12: A Guide to Wrongful Dismissal: Episode 108

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A guide to Wrongful Dismissal: What is it and when is it applicable?

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

In this episode I will cover:
  • The basis in law for a claim for wrongful dismissal.
  • The difference between unfair dismissal and wrongful dismissal.
  • The time limits for bringing a claim for wrongful dismissal.
  • The potential damages/compensation an employee could receive.
  • Why it is important to ensure that your disciplinary procedure is not contractual.
  • The impact of a wrongful dismissal claim on post-termination restrictions.
Action Points
  1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
  2. Seek advice before dismissing an employee without notice;
  3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.
Useful Links

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Oct 02 2018

26mins

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Rank #13: When is an employer liable for the actions of an employee?

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In this weeks' episode I bring you a case regarding vicarious liability, where an employer is liable for the actions or omissions of an employee which causes harm to another. The case is a rather interesting one on the facts; Mohamud v WM Morrison.

In this episode I will cover:
  • The background to vicarious liability
  • The history of how the law has developed
  • Details of previous cases
  • The facts of this case
  • What you can do to try to mitigate the risks for your business
Action Points
  1. Ensure that you carry out good due diligence and pre-employment checks on new recruits.
  2. Deal with any issues of inappropriate conduct immediately.
  3. Ensure you have risk assessments and procedures in place.
Helpful Links

Mohamud v WM Morrison [2016]

Lister v Hesley Hall Limited  [2001] 

Rose v Plenty [1976]

Boson v Sandford [1691]

 HR Harbour

Mar 07 2016

21mins

Play

Rank #14: Employment Cases in the News August/September 2017: Episode 84

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Employment Law & HR issues in the news

Normally when I talk about a case on the podcast it is because it has importance from a legal perspective, usually it has been reported in legal journals and websites and the main issue covered is the point of law. This week there have been three employment issues in the popular press which I thought you may be interested to hear about.

They do not bring anything 'new' from a legal perspective but the facts are interesting and they provide good examples for employers on how not to deal with issues that arise.

In this episode I will cover:
  • A first for McDonald's staff who have taken the decision to strike at two restaurants in the UK;
  • Two male police officers who between them have been awarded £96,000 compensation for victimisation;
  • A Royal Mail worker who successfully claimed constructive dismissal when his hours were changed without his agreement.
Action Points

1. Ensure that your staff and managers have training about equality and diversity issues;

2. Take care when changing employee hours particularly if it impacts on their childcare or caring responsibilities;

3. Seek advice when you receive a flexible working application before making the decision;

4. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

5. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Sep 05 2017

19mins

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Rank #15: Will an employee's refusal to accept an alternative role in a restructure situation mean that they forego a redundancy payment?

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Restructure and redundancy: When do you have to pay redundancy pay if there is alternative employment available?

In this episode of the podcast I cover a question from a listener which follows on nicely from the last episode when I answered a question about changing employee hours and redundancy. In this episode I tackle the difficult issue for employers regarding suitable alternative employment and the impact of an employees refusal on their right to redundancy pay. 

In this episode I will cover:
  • The legal position in the Employment Rights Act about redundancy payments.
  • What an employer should consider when deciding if a role is a 'suitable alternative' or not.
  • How an employer should make an offer of alternative employment and what to include.
  • The circumstances in which an employee can generally refuse an offer and when that refusal will be reasonable.
  • Practical steps for employers to take when considering alternative employment.
  • How to try to resolve potentially difficult issues with employees.
Action Points
  1. If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles.
  2. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective.
  3. Discuss any objections with the employee and see if you can reach an agreement.
  4. Seek advice if you are unsure whether you are required to make a redundancy payment or not.
Useful Links

Devon Primary Care Trust v Readman - Court of Appeal

Claim for redundancy pay or other payments where the employer is insolvent

Redundancy Mini-Series

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

May 28 2019

25mins

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Rank #16: The Government Legal Service v Brookes - Reasonable adjustments in recruitment: Episode 79

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An interview with Terri Brookes 

In this weeks' episode I interview Terri Brookes who applied for a job as a trainee solicitor with the Government Legal Service (GLS) and requested a reasonable adjustment as a result of her aspergers. When the GLS refused to make adjustments to their recruitment process Terri made a claim in the Employment Tribunal. After winning her case in the Employment Tribunal the GLS appealed to the Employment Appeal Tribunal and Terri successfully defended her claim.

In this episode I will cover:
  • The facts of the case;
  • The reasons why Terri pursued the case;
  • Helpful guidance on reasonable adjustments that are required and should be considered in the recruitment process;
  • Why you need to treat each person with disabilities individually in the recruitment process;
  • Key points about cases in the Employment Appeal Tribunal.
Action Points
  1. If you are recruiting and you have tests or assessments then consider how these may impact those with disabilities;
  2. Consider how you would provide information and application forms, for example, if you had a candidate with a disability;
  3. Seek advice if you are unsure or you are presented with an unusual situation;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
 Useful Links & Case References

The Government Legal Service v Brooks - Employment Appeal Tribunal

Read the full judgement here

You can read my case summary and comment: click here

You can connect with Terri on Twitter - @TIBrookes 

Jun 12 2017

47mins

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Rank #17: Supreme Court Ruling on Employment Tribunal Fees: Episode 83

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No more fees in the Employment Tribunal

Undoubtedly you will have heard in the news or online about the Supreme Court decision that the introduction of Employment Tribunal fees for employees to make a claim is unlawful and as a result effective immediately employees will not have to pay the £160 or £250 fee for making a claim. In this episode of the Podcast I bring you a summary of the decision and my views on the outcome and the future for the Employment Tribunal.

In this episode I will cover:
  • Background into the introduction of fees and reason for them;
  • The impact of fees on employees and the number of claims;
  • Why Unison challenged the introduction of fees;
  • Summary of the Supreme Court reasons for the decision;
  • What is currently happening with employment tribunal claims;
  • What may happen next.
Action Points

1. Don't panic about the 'floodgates' being opened and a flurry of claims against your business;

2. Ensure that you stay informed of the latest developments, you can sign up below for our free newsletter;

3. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

4. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

 

Useful Links & Case References Update article on this subject - Read here   You can read the full judgement here: Read here 

Aug 07 2017

19mins

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Rank #18: The Employment Tribunal Process for Employers: Episode 92

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What happens when an employee makes a claim against you in the Employment Tribunal?

In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim.

In this episode I will cover:
  • The first notification stage - when you will find out if there is a claim against you;
  • The time limit for returning your defence;
  • How the Tribunal issue directions for preparation;
  • The type of preparation required;
  • The timing for preparation in advance of the final hearing.
Action Points
  1. If you receive a claim form or notification from the Tribunal do not delay;
  2. Seek advice and ensure that you meet the Tribunal deadlines and timetable. 
Useful Links

ACAS Early Conciliation explained: Episode 3 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

     Sign up for my fortnightly newsletter  Email Address * First Name Last Name * indicates required 

Please do not worry we will not send you spam!

We only use your email address for the purpose of sending you our fortnightly newsletter.

 

  Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

Feb 05 2018

22mins

Play

Rank #19: Early Conciliation Timing: Episode 64

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Does the Early Conciliation process apply to claims that happen after the certificate is issued?

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group,  argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.

In this episode I will cover:
  • The background to the Early Conciliation process and requirements;
  • How Early Conciliation works;
  • The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements;
  • Why the Employment Appeal Tribunal consider that a wide view should be taken of 'matter' when considering Early Conciliation;
  • Why you should take care in submitting your defence to a claim in the Employment Tribunal.
Resources

Case name: Compass Group v Morgan - Employment Appeal Tribunal. You can read the full judgement for the case here

You can start the ACAS Early Conciliation process here

Action Points
  1. If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution;
  2. Seek advice before submitting your defence to a claim in the Employment Tribunal;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
   Remember getting advice from a Solicitor need not be expensive or difficult!

 

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Oct 03 2016

21mins

Play

Rank #20: When does sleeping time count for the National Minimum Wage? Episode 104

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Do you have to pay the National Minimum Wage for time an employee is sleeping?

In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.

In this episode I will cover:
  • Background to the National Minimum Wage Regulations.
  • Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations.
  • Why this case provides much needed clarity on the issue.
  • The facts of the case.
Action Points

1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.

2. If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.

3. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Jul 23 2018

14mins

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What to look forward to in 2020 with Employment Law & HR

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In this episode of the podcast I bring you a brief update on what will be coming in 2020.

In this episode I will cover:

  • Changes to Section 1 Statements for employees.
  • The requirement to provide a Section 1 Statement to Workers.
  • Changes to the reference period for calculating average pay for holiday payments.
  • New IR35 rules for medium and large businesses.
  • Parental Bereavement Leave and Pay.
  • Guidance on planning for the National Minimum Wage changes.

Action Points

  1. Review your contracts of employment to ensure they comply with the post April changes.
  2. Review your on-boarding process for new employees and workers to ensure contracts are ready to be issued from day 1.
  3. Speak to your accountant or payroll provider about changing the calculation of holiday pay for employees who have irregular pay.
  4. Check if the new IR35 rules apply to you.
  5. Review your figures and project the impact of a rise in the National Minimum Wage from 5%-10% so you can plan for the change likely to take place from April 2020.

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

Photo by Jude Beck on Unsplash

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Dec 24 2019

16mins

Play

Christmas Party Guidance for Employers

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In this episode of the podcast I bring you the normal seasonal warning that comes from employment lawyers and HR professionals, about the party season with the pitfalls and perils of office party shenanigans!

In this episode I will cover:
  • Why employers need to be concerned about what happens at work social events and parties.
  • What the risks are to your business if things go wrong.
  • Practical steps you can take to reduce the risk.
  • Why you may also have liability for 'post-party' parties or 'after parties', as illustrated by a particularly serious case in the Court of Appeal.
Action Points
  1. Issue a statement to all staff reminding them of acceptable conduct at the party (you will find an example here – feel free to copy and use this for your business/organisation).
  2. Remind staff about the usage of social media and what is and is not acceptable – remind them that not all colleagues would like their picture on social media, and that they should ensure all persons pictured consent before posting online.
  3. Designate a sober manager or senior person to attend the party.
  4. Make sure arrangements have been made for safe travel home from the venue, office or event.
  5. Deal with any incidents or complaints in a timely manner, ensuring you follow your internal procedures.
  6. Ensure that you consider anyone who does not want to join in with the party, for whatever reason. Make sure they feel included and are not isolated. Perhaps consider offering two alternative festive activities for staff.

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Dec 10 2019

16mins

Play

Legitimate Management V Bullying - where's the line?

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In this episode of the podcast I bring you my thoughts on the line between legitimate management of conduct and performance verses bullying. This is an issue that comes up regularly when advising both employers and employees and in my view it can be resolved with a few changes.

In this episode I will cover:
  • Why employees often claim they are being bullied when a manager addresses performance issue. 
  • How managers get it wrong. 
  • Steps employers can take to set the relationship up appropriately from the start. 
  • How to manage an employees expectations. 
  • Techniques managers can use to manage issues effectively. 
Action Points
  1. Consider preparing a message for all new starters about how you will address any issues if they arise.
  2. Give all employees a job description and targets or set of expected behaviours. 
  3. Train your managers to manage people. 
  4. Lead by example - good practice should start at the top. 
  5. Seek advice if you are unsure.

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Frank Busch on Unsplash

Nov 26 2019

23mins

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Are comments made about not recruiting someone who is homosexual contrary to EU law - even if there is no recruitment process ongoing?

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In this episode of the podcast I bring you the Judgement from a European Case which provides an interesting look at what happens if someone makes comments outside of the context of recruitment and employment but which are negative to the LGBTI community and in turn would put off applicants in the future.

In this episode I will cover:
  • A background to the law.
  • The facts of the case.
  • Why business owners and HR professionals need to be cautious of comments they make about those with 'Protected Characteristics'.
  • Why the Court of Justice of the European Union took the decision they did in this case.
Action Points
  1. Ensure any spokespersons or senior people in your business have training on the equality act and discrimination principles.
  2. Ensure that all staff understand the impact of making public statements in any form, radio, TV, social media etc which are discriminatory.
  3. Create a culture which is fair and reasonable and within which equality is promoted.
  4. Have a written policy in place setting out your approach to equality.
  5. Seek advice if you are unsure.
Resources

NH v Associazione Avvocatura per i diritti LGBTI 

The Equality Act 2010

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Nov 12 2019

19mins

Play

Top tips direct from Employers: Bonus Episode

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Top Tips on being a GREAT Employer direct from businesses on the Isle of Wight

In this short bonus episode of the podcast I bring you a recording made at the IOW Chamber Breakfast meeting at the Garlic Farm in October 2019.

I asked several attendees from businesses on the Isle of Wight to give me their Top Tips on how to be a great employer. 

In the episode you will hear from: 

Zoe Findon - Purple Patch PMO

Fiona Jeffery - Brightbulb Design

Cindy Newnham - Lifeline Fire and Security

Sandra Knowles - Hillbans Pest Control

Emma Wilson - WRS Systems 

Andrew Nordbruch - Wight Computers 

Tracey Hill - Osel Enterprises 

Jeri Williams - Smooth Accounting

Alistair Dickinson - MyCRM & Mapsimise 

Simon Poole - Wightfibre

Kathy Lockwood - Real Employment Law Advice 

Albert Bargery - Real Employment Law Advice 

What is your favourite tip from those given on the episode?

Do you have any tips you would add?

Nov 07 2019

7mins

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Discrimination: The Basics

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In this episode of the podcast I bring you a brief overview of the basics of discrimination. This episode is ideal if you are new to HR, management or you just want a refresher of what discrimination is.

In this episode I will cover:
  • A background to the law.
  • What you need to know as an employer or HR professional. 
  • What protected characteristics are.
  • The different types of discrimination.
  • Discrimination claims which are unique to disability. 
  • The key steps an employer needs to take.
Action Points
  1. Where possible provide some training to all staff on the principles of equality.
  2. At the very least ensure managers are aware of the key principles and elements of the Equality Act and discrimination.
  3. Create a culture which is fair and reasonable and within which equality is promoted. 
  4. Have a written policy in place setting out your approach to equality. 
  5. Seek advice if you are unsure.
Resources

The Equality Act 2010

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Oct 15 2019

21mins

Play

Can a vegetarian claim discrimination under the Equality Act 2010?

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In this episode of the podcast I cover a recent case decided by the Norwich Employment Tribunal as to whether a vegetarian employee could claim protection from discrimination on the grounds of vegetarianism.

In this episode I will cover:
  • A background to the law. 
  • How the employment tribunal determine a 'philosophical belief'.
  • Why it is a 'hot topic' currently. 
  • How it is related to a similar case about veganism. 
  • What you should take from this case as an employer.
Action Points
  1. Create a working environment where differences and beliefs are celebrated and accepted.
  2. Behave fairly and reasonably to all employees regardless of your views on their beliefs. 
  3. Have your rules and codes of conduct and behaviour set out in writing and communicated to all employees. 
  4. Seek advice if you are unsure.
Resources

Conisbee v Crossley Farms Limited & Others - Employment Tribunal 

Article on Philosophical Beliefs and the Vegan Case

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Simon Matzinger on Unsplash

Sep 30 2019

17mins

Play

Bonus Episode: Interview with Alison Colley

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In this bonus episode of the podcast I bring you the audio from a recent interview on the YouTube channel for a business based locally to me on the Isle of Wight.

I was very pleased to have been invited onto the Business & Technology Show from MyCRM and I hope you find it interesting!

You can learn a bit more about me and why I started the business, including why my favourite film is Back To The Future.

Sep 27 2019

48mins

Play

Interview with Dr Julia Shaw: Documenting harassment & discrimination

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In this episode of the podcast I interview Dr Julia Shaw about Spot, which she has co-founded to help employers and employees with harassment and discrimination recording and reporting.

About Dr Julia Shaw

In 2017 Dr Julia Shaw co-founded the memory science and artificial intelligence start-up Spot.

Spot helps employees report workplace harassment and discrimination, and empowers organisations to build a more inclusive and respectful work environment.

Dr Shaw is also a psychological scientist at UCL, and is best known for her research in the areas of memory and criminal psychology.

Dr Shaw also consults as an expert on legal cases, particularly cases involving historic allegations.

Spot

Useful Links

https://www.drjuliashaw.com/

https://en.wikipedia.org/wiki/Julia_Shaw_(psychologist)

Julia's TedX Talk

https://talktospot.com/

Sep 17 2019

35mins

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Subject Access Request: The Basics

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In this episode of the podcast I cover the basics which employers need to consider with regards to Subject Access Requests when received from employees. 

In this episode I will cover:
  • A background to the law. 
  • What you need to consider at the outset. 
  • The time limit for responding. 
  • The type of data you have to search for. 
  • What you have to provide to the employee. 
  • Exemptions when you do not have to disclose the data. 
Action Points
  1. Have a person or persons within your organisation who are responsible for data and compliance with subject access requests. 
  2. Create a checklist or utilise the resources from the ico to create a workflow to follow if someone makes a request. 
  3. Seek advice before rejecting a request or requiring a fee to be paid. 
Resources

https://ico.org.uk/

Right of Access for Employees

GDPR Overview for Employers

GDPR Privacy Policy

GDPR: Action List for Employers – episode 90

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Sep 03 2019

25mins

Play

Having Difficult Conversations: Top Tips

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In this episode of the podcast I discuss the importance of managing difficult or contentious conversations successfully.

In this episode I will cover:
  • What difficult conversations are.
  • Why we avoid having them.
  • The dangers of avoiding these conversations.
  • My top tips on how to carry out these conversations successfully. 
Action Points
  1. It should not be a surprise - Ensure that you are holding regular conversations about the required standards and performance.
  2. Conquer your fears - The conversation in your mind is always worse than that of reality.
  3. Change your mindset - A difficult conversation tends to go best when you think about it as just a normal conversation.
  4. Be prepared - You need to ensure that the evidence backs up what you are trying to achieve.
  5. Be positive - Spin your questions with a positive approach to open the lines of communication and have a positive dialogue.
  6. Handle reactions with care - Acknowledge emotions and respond with kindness and empathy.
  7. Cut out all distractions - Give your whole, undivided attention to the conversation.
  8. Be consistent - Hold all your employees accountable to the same performance expectations.
  9. Keep it confidential - Builds trust and confidence.
  10. Summarise your understanding and agree a way forward - Encourage your employee to come up with the solution.

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Etienne Boulanger on Unsplash

Aug 20 2019

17mins

Play

The importance of nutrition and well-being at work

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In this episode of the podcast I interview Kate Cook, a corporate nutrition coach and we discuss how nutrition and well-being are important in the workplace and for employee happiness and business success.

About Kate Cook

The Business of Wellness – inspiring healthier lifestyles for better business.

Kate Cook gives talks and workshops to business clients empowering their staff to adopt healthier lifestyles. Fresh, creative and practical information is delivered in an interactive style that encourages involvement and engagement.

Kate is passionate about making nutritional change easy and effective. She is a highly experienced international speaker and her successful practice methods have secured extensive TV appearances, publishing deals, magazine features and commissions as an international keynote.

As founder and director of the Harley Street clinic The Nutrition Coach, Kate has personally worked with more than 7,500 patients face to face and written 7 books including: ‘Get Healthy for Good’ (Whole Health), ‘Drop a Dress Size’, ‘Shape Up Your Life’ and most recently ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’. TV appearances include UKTV’s ‘The Truth About Beauty’. Kate has also delivered a TedX Fidelity International talk on ‘Dishing The Dirt’.

Clients Over her 20 year career, Kate has delivered nearly 800 sessions to many top level corporate companies some of whom are listed below:

Accenture, Bank of England, Bank of New York Mellon, Christie’s Fine Art Auctioneers, Coutts (Zurich), Discovery Channel Europe, EDF Energy, Gardiner and Theobold, Jack Wills, Jones Lang LaSalle, JP Morgan, Land Securities, Landor, London Underground Ltd., Network Rail, Ogilvy & Mather, Origins, Overbury, Oxford University Press, Pret A Manger, Skanska, Time Warner, The White Company.

Competition

Kate has very kindly offered a copy of her latest book ‘Positive Nutrition – Strategic Eating to Upgrade Your Health and Energy’ to one lucky listener.

All you need to do is leave a comment in the show notes which can be found at www.adviceforemployers.co.uk/podcast/127 between Thursday 25th July 2019 - Thursday 8th August 2019. The winner will be picked at random on Friday 9th August 2019. 

Useful Links

www.thecorporatenutritioncoach.co.uk

www.katecook.biz

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Jul 24 2019

41mins

Play

The Women and Equalities Committee: report on non-disclosure agreements

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Harassment and discrimination

In this episode of the podcast I analyse the report commissioned by the Women and Equalities Committee  into whether the use of non-disclosure agreements in harassment and discrimination cases is unethical, and how they should be dealt with in the future.

In this episode I will cover:
  • The 12 recommendations discussed in the report.
  • My critical analysis for each recommendation.
  • How to ensure your business is using non-disclosure agreements correctly.
  • Why having a robust process for dealing with harassment and discrimination is essential for a successful business.
Action Points
  1. Non-disclosure agreements and confidentiality clauses in settlement agreements must not be used to pressure those who have suffered from discrimination or harassment at work to keep silent.
  2. Ensure you have the appropriate procedures in place to prevent discrimination and harassment at work
  3. Ensure  management are trained in how to deal with complaints of this kind and that staff are trained to identify such behaviour and to report it
  4. Seek legal advice before making any decisions.
Useful Links

You can read the full report HERE

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

    Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

HR Isle of Wight | HR Salisbury | HR Eastleigh

Jul 09 2019

34mins

Play

Is it harassment and discrimination to suspend someone due to a consequence of their disability?

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Harassment and disability discrimination

In this episode of the podcast I summarise the facts and law concerning a case involving a trainee teacher who was suspended due to the fact that he could not write for more than a couple of minutes. The employee, who had been diagnosed with dyspraxia, claimed disability discrimination, harassment and constructive unfair dismissal.  

In this episode I will cover:
  • Section 26 of the Equality Act 2010 which covers the law regarding harassment.
  • A breakdown of the considerations that will be made by the Employment Tribunal when assessing harassment.
  • The conclusion of the Employment Tribunal and Employment Appeal Tribunal in this case.
  • Assurance for employers that you can have difficult conversations with employees who are not capable of undertaking the job as a result of a disability.
  • Why obtaining an occupational health report is essential at an early stage.
  • Why making a decision in respect of the adverse effects of a disability does not constitute direct discrimination.
Action Points
  1. if you have concerns about an employees fitness for work then seek medical advice as soon as possible.
  2. If an employee has a disability then you will need to make adjustments and consider what can be done to assist them.
  3. Understand the any decision making with regards to disabled employees carries a risk, regardless of their length of service.
  4. Seek legal advice before making any decisions.
Useful Links

Ahmed v The Cardinal Hume Academies - Employment Appeal Tribunal

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Jun 24 2019

23mins

Play

What are the benefits of implementing flexible working in your business?

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In this episode of the podcast I give an overview of and my thoughts on implementing flexible working arrangements in your business. Whether for individual employees or as a wholesale change to the way you work, could this be the future for your business? 

In this episode I will cover:
  • Examples of businesses who have already made changes for more employee flexibility.
  • Different types of arrangements that you could consider.
  • An overview of the legal right to request flexible working.
  • The advantages of being open minded about flexible working.
  • The disadvantages and potential issues that could arise.
Action Points
  1. Consider surveying employees or creating a poll to find out if flexible working would be of interest to staff.
  2. Think about the types of arrangements that may work for your business.
  3. Consider trialing the changes first.
  4. Seek advice if you are unsure what to do and how to implement.
  5. Don't forget to take advantage of the publicity and promotion that could come with making changes to your business. If you are the first in your industry or you are trying something radical why not create a press release about it.
Useful Links

The right to request flexible working - The legal position - Episode 1 of the podcast

Article about the legal firm who have switched to a 4 day week

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Jun 12 2019

22mins

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Will an employee's refusal to accept an alternative role in a restructure situation mean that they forego a redundancy payment?

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Restructure and redundancy: When do you have to pay redundancy pay if there is alternative employment available?

In this episode of the podcast I cover a question from a listener which follows on nicely from the last episode when I answered a question about changing employee hours and redundancy. In this episode I tackle the difficult issue for employers regarding suitable alternative employment and the impact of an employees refusal on their right to redundancy pay. 

In this episode I will cover:
  • The legal position in the Employment Rights Act about redundancy payments.
  • What an employer should consider when deciding if a role is a 'suitable alternative' or not.
  • How an employer should make an offer of alternative employment and what to include.
  • The circumstances in which an employee can generally refuse an offer and when that refusal will be reasonable.
  • Practical steps for employers to take when considering alternative employment.
  • How to try to resolve potentially difficult issues with employees.
Action Points
  1. If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles.
  2. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective.
  3. Discuss any objections with the employee and see if you can reach an agreement.
  4. Seek advice if you are unsure whether you are required to make a redundancy payment or not.
Useful Links

Devon Primary Care Trust v Readman - Court of Appeal

Claim for redundancy pay or other payments where the employer is insolvent

Redundancy Mini-Series

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

May 28 2019

25mins

Play

When does a change in an employee's hours amount to a redundancy situation? How should you deal with employee conduct in group chats?

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Redundancy and restructure & Why you should be concerned with staff group chats

In this episode of the podcast I cover two topics that employers should be aware of; the first comes from a listener question about redundancy and changing terms of an employee's contract and the second topic is inspired by the front page of my local newspaper, The County Press.   

In this episode I will cover:
  • The definition of redundancy and how it relates to a restructure.
  • When changing terms of employment can trigger a redundancy situation.
  • What you need to consider as an employer.
  • The case of Fauchon v Packman Lucas Associates which deals with this issue.
  • Why employers need to give consideration to what employees are sharing and sending to one another on group chat services.
  • Why I believe group chats are high risk for employers from an internal perspective and a risk to reputation.
  • The key points to consider to try to direct employees on the usage of group messaging services such as Facebook Messenger and WhatsApp.
Action Points
  1. If you are considering reducing staff hours or making internal changes consider whether there is a potential redundancy.
  2. If you are unsure give consideration to your obligations to consult with staff individually and potentially under collective consultation rules.
  3. Implement a 'group chat' policy either as a separate policy or as part of your social media policy - A policy will be available to download in our DIY document shop shortly but in the meantime if you would like a policy please contact alison@realemploymentlawadvice.co.uk
  4. Educate staff on the appropriateness and risks of communications with colleagues.
  5. Outline your rules and expected behaviour in communications amongst staff.
  6. Seek advice if you are unsure.
Useful Links

Fauchon v Packman Lucas Associates - Employment Appeal Tribunal

The Isle of Wight County Press 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

HR Isle of Wight | HR Salisbury | HR Eastleigh

May 14 2019

20mins

Play

When is on-call time 'working' time for the purposes of the National Minimum Wage?

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If there is no requirement to undertake work, but merely to be available for work, would it be 'working time' for the purposes of the National Minimum Wage?

In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are 'on-call' with varying requirements on their time and whether they are entitled to the National Minimum Wage for the 'on-call' time.  

In this episode I will cover:
  • The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal.
  • The facts of the case and how they differ to the Mencap case regarding sleep-ins.
  • The principles of the National Minimum Wage Regulations on the issue of 'working time'.
  • The key points to note if you have staff working 'on-call' shifts.
Action Points
  1. If you have staff who work 'on-call' shifts for you then you should review how you are paying them.
  2. Consider dividing the 'on-call' time up if the requirements upon them vary during that time.
  3. Seek advice if you are unsure.
Useful Links

Podcast Episode 104 covering the Royal Mencap Case

Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal

Royal Mencap Society v Blake - 2018 - Court of Appeal 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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 how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Apr 30 2019

17mins

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Can you proceed with a disciplinary if an employee is absent due to sickness?

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How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary?

In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing .  

In this episode I will cover:
  • Your options when this happens.
  • What the ACAS code says about an employee not attending a disciplinary meeting.
  • What are the requirements of 'natural justice'.
  • Principles of a fair dismissal for misconduct known as the 'Burchell' test.
  • The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice.
  • Reasonableness and range of reasonable responses test.
  • Reductions to compensation known as 'Polkey' deductions.
Action Points
  1. Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen.
  2. Obtain medical advice and evidence wherever possible.
  3. Only proceed in the absence of the employee in exceptional circumstances.
  4. Obtain advice before making a decision about how to proceed.
Useful Links

BHS v Burchell

Polkey Case

ACAS Code of Practice

Khanum v Mid Glamorgan Area Health Authority

Unfair Dismissal Mini Series Episode 1

Unfair Dismissal Mini Series Episode 2

Unfair Dismissal Mini Series Episode 3

Unfair Dismissal Mini Series Episode 4

Unfair Dismissal Mini Series Episode 5 

Unfair Dismissal FAQ's

Apr 01 2019

14mins

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What are an employers obligations with regards to time off for public duties?

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What do employers need to be aware of when an employee wants to take time off for public duties and volunteering?

In this episode of the podcast I answer a question from a listener about employers legal obligations when an employee requests time off to undertake public duties or volunteering.  

In this episode I will cover:
  • The circumstances in which employees have the legal right to time off for public duties.
  • The consequences for failing to allow an employee time off in these circumstances.
  • When you can exercise your discretion for volunteering roles such as school governors or charity trustees etc.
  • Why allowing your employees time off on occasion for volunteering and/or community roles can be beneficial to your business.
  • What you need to consider if an employee is called for jury service.
  • Legal obligations and consequences when you have reservists within your employment.
Action Points
  1. Put in place a 'Time off for public duties' policy or at least consider what your position would be in the event that an employee makes a request.
  2. Understand what the legal obligations are in respect of public duties as set out in section 50 of the Employment Rights Act.
  3. Review the guidance on employing reservists and consider applying for the armed forces covenant.
Useful Links

Armed Forced Covenant

Employing Reservists

Employers Toolkit for Reservists

Section 50 Employment Rights Act 1996

Legal Updates from Real Employment Law Advice

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006. 

Mar 18 2019

21mins

Play

iTunes Ratings

7 Ratings
Average Ratings
3
3
0
0
1

Enjoyable podcast!

By Malifanz - Dec 01 2017
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As an American employer lawyer, I appreciate hearing about the differences between US and UK employment law.

Great podcast

By 1R3L& - Nov 26 2017
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Listening to Alison has been extremely helpful in understanding all of the intricacies of employment law. I always enjoy the topics and find them to be very informative.