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The Employment Law & HR Podcast

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.

Weekly hand curated podcast episodes for learning

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Having Difficult Conversations: Top Tips

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 It should not be a surprise - Ensure that you are holding regular conversations about the required standards and performance. Conquer your fears - The conversation in your mind is always worse than that of reality. Change your mindset - A difficult conversation tends to go best when you think about it as just a normal conversation. Be prepared - You need to ensure that the evidence backs up what you are trying to achieve. Be positive - Spin your questions with a positive approach to open the lines of communication and have a positive dialogue. Handle reactions with care - Acknowledge emotions and respond with kindness and empathy. Cut out all distractions - Give your whole, undivided attention to the conversation. Be consistent - Hold all your employees accountable to the same performance expectations. Keep it confidential - Builds trust and confidence. 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

17mins

20 Aug 2019

Rank #1

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

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 Review your contracts of employment to ensure they comply with the post April changes. Review your on-boarding process for new employees and workers to ensure contracts are ready to be issued from day 1. Speak to your accountant or payroll provider about changing the calculation of holiday pay for employees who have irregular pay. Check if the new IR35 rules apply to you. 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

16mins

24 Dec 2019

Rank #2

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

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 Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen. Obtain medical advice and evidence wherever possible. Only proceed in the absence of the employee in exceptional circumstances. 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

14mins

1 Apr 2019

Rank #3

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Should you suspend employees pending criminal proceedings?

What are an employers options when an employee is charged with a criminal offence? Should they suspend indefinitely?  Following the last episode in which I covered suspending employees I have been contacted by a listener who raised some great questions about suspending employees when there are criminal allegations either related to work or behaviour outside of work to take into consideration. This is certainly an issue that arises fairly frequently and often employers do not know what to do and feel that they have no choice but to suspend the employee on full pay pending the outcome of the criminal case. In this episode I will cover: The difference in approach depending on the facts of the case; Why it may not be appropriate to suspend and/or dismiss an employee for criminial conduct outside of work; The importance of following a fair and reasonable internal disciplinary procedure; What to do if an employee refuses to answer questions or is advised not to attend an investigation meeting; Circumstances in which you do not have to wait for the employee to attend a disciplinary meeting; General principles for suspension and disciplinary decision making. Action Points Seek advice about the particular circumstances, every case is different; Review the suspension checklist before suspending, in the same way as you would for any other conduct issue; Take care not to make snap decisions or judgments; Listen to the unfair dismissal mini series which you can find here: 36 and 37 Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk 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

16mins

1 Oct 2017

Rank #4

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Employee Grievances: Part 1 An introduction

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 Have a good internal grievance procedure; Ensure that managers and HR personnel are aware of how to spot and deal with grievances. 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

16mins

16 Apr 2018

Rank #5

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Coronavirus: Guidance for Employers

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 1) Issue a notice to all staff requiring them to inform you immediately if they are at risk because of travel to a location deemed by the Home office to be a risk. 2) Issue a notice to all staff reminding them of the requirement to properly wash their hands and contain any coughs and sneezes. 3) Encourage good hygiene in the workplace and consider increasing cleaning and providing additional sanitising equipment and materials. 4) If your business is such that customers and visitors come onto your premises, display additional notices about hand washing, provide sanitiser and put up notices asking customers to inform you if they have been to one of the affected areas in recent weeks. 5) If you intend to implement a policy of minimum time between returning from holiday to returning to work, notify all staff and inform them how you plan on dealing with this time. If you are going to require them to take holiday for example for these extra days make it clear that you are doing so and refer to the relevant part of your contracts and/or procedures. 6) Review your business continuity plan. 7) Consider your ability to work from home and explore what resources are available to you to enable your business to continue to operate as smoothly as possible. 8) Assign one or two senior people in the business as responsible for monitoring the situation on the www.gov.uk website and within the business. 9) If in doubt seek advice. We are talking to businesses on a daily basis about these issues and we can share best practice, latest advice and support with you. 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-Dimitri-Karastelev-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 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 | Solicitors Portsmouth HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

11mins

10 Mar 2020

Rank #6

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Can you start a disciplinary procedure for an issue that has already been dealt with? Can you bring up historic misconduct? - Episode 110

What are your options with disciplinary action & double jeopardy In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue?  In this episode I will cover: The risks if you dismiss an employee for an issue that has previously been dealt with informally. A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed. A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair. The test of reasonableness and why it is relevant to disciplinary decisions. Why the manager's behaviour in this scenario could be seen as bullying. What you should consider if you are in similar circumstances. Double jeopardy or res judicata in respect of employment issues. Action Points Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time; Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place; Seek advice if you are unsure about the situation. We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance. Useful Links Sarkar v West London Mental Health NHS Trust 2010 Christou and another v London Borough of Haringey 2013 Williams v Leeds United Football Club Episode 108  of the Podcast Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions. 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 Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

24mins

30 Oct 2018

Rank #7

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Supreme Court Ruling on Employment Tribunal Fees: Episode 83

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 

19mins

7 Aug 2017

Rank #8

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Legitimate Management V Bullying - where's the line?

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 Consider preparing a message for all new starters about how you will address any issues if they arise. Give all employees a job description and targets or set of expected behaviours.  Train your managers to manage people.  Lead by example - good practice should start at the top.  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

23mins

26 Nov 2019

Rank #9

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

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

19mins

5 Sep 2017

Rank #10

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Employee Grievances: Part 2 Investigation

Employee Grievances: Part 2 Investigation This episode of the podcast is the second in a mini series focusing on Grievances and how to deal with them. There will be at least a further 2 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: How to approach the grievance process. Things to consider when assigning a grievance investigator. The importance of planning and setting out the scope and purpose of the investigation. The principles of reasonableness, objectivity and fairness of the investigation. The importance of confidentiality and why it is tricky to manage. How to plan and prepare for meetings with employees and witnesses. Why evidence gathering is essential in assisting you reach the right outcome. How to shape the investigation report and resources available to help. Action Points When you receive a grievance from an employee act quickly and assign an investigator. Ensure that the investigator has appropriate training or resources at hand to assist with the investigation. Seek advice and expert support at the earliest opportunity if a dispute arises.   Useful Links ACAS Code of Practice Here ACAS Guidance Here ACAS Guidance on conducting workplace investigations 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

21mins

30 Apr 2018

Rank #11

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What can you do if you find out an employee has a criminal conviction? Episode 105

What can you do about undeclared convictions of existing employees? In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage. In this episode I will cover: The different rules that apply between Spent and Unspent Convictions. When some job roles are exempt from the Spent conviction rules. What you need to consider and the risks of dismissing an employee? Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction. Considerations if you do employ someone with a previous conviction. Action Points Consider if any of the job roles in your business fall under the Exceptions Order.  Look at how the vetting process works and fits in your organisation. Consider what steps you take to undertake checks and background information about candidates. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001 Useful Links  Rehabilitation of Offenders Act 1974 – Guidance  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

21mins

5 Aug 2018

Rank #12

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A speedy resolution to disputes and difficult situations with employees: Episode 95

What can an employer do to resolve issues without lengthy procedures?  In this episode of the podcast I run through the procedure for trying to resolve issues with employees without the need for lengthy procedures particularly when you have not already done anything about it previously. In this episode I will cover: The options available; What 'protected conversations' are and how they work; Why you may wish to make a settlement payment to an employee; Questions to consider before starting the 'protected conversation'; How to start a settlement conversation with an employee; What paperwork to produce and when; How allowing the employee paid leave can be a good tactic; How long you should give the employee to decide; An example of the type of scenario that can arise. Action Points Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay; If you have delayed or failed to address issues and you want to bring an issue to a conclusion without a lengthy process consider settlement discussions; Seek advice and expert support at the earliest opportunity.  Useful Links Episode 28 of the Podcast - Settlement Agreements 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

20mins

19 Mar 2018

Rank #13

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Health & Safety at Work: An Overview - 106

In this episode of the podcast I deal with a suggested topic from a podcast listener who emailed to say: "Really enjoy listening to your podcasts. Could I ask that you consider health and safety at work, workplace danger and Section 44 of the ERA 1996 as a future topic as it's a interesting subject?"   In this episode I will cover: The protection from detriment provided by Section 44 of the Employment Rights Act 1996. Unfair dismissal protection for employees who raise health and safety issues. Basic health and safety obligations as set out in the Health & Safety at Work Act 1974. Minimum legal requirements. How individual Directors, business owners and managers can be liable for health and safety breaches. Considerations in respect of mental health and protecting from risks to mental health safety. Action Points Check to ensure that you comply with the minimum requirements of the Health and Safety Act Work Act 1974. Review your procedures and policies to ensure they are fit for purpose. Undertake any risk assessments. Ensure that your managers have training and a good understanding of the legal requirements. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001 Useful Links Health & Safety Executive Website 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

23mins

21 Aug 2018

Rank #14

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Can a vegetarian claim discrimination under the Equality Act 2010?

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 Create a working environment where differences and beliefs are celebrated and accepted. Behave fairly and reasonably to all employees regardless of your views on their beliefs.  Have your rules and codes of conduct and behaviour set out in writing and communicated to all employees.  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

17mins

30 Sep 2019

Rank #15

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Supreme Court Decision in the 'Gay Cake' Case: Episode 109

A summary of the decision in the Supreme Court Discrimination case of Lee v Ashers Baking Company Limited In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment.  In this episode I will cover: The basis in law for the claim. The facts of the case. A summary of the supreme court decision. My thoughts on the case and why this judgement was the outcome. Comparison from a 'similar' case in Colorado in the US. Action Points Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees; Get some specific training for staff in Equality & Diversity and update regularly; Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act. We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance. Useful Links Lee v Ashers Baking Company Limited - Supreme Court Judgement  BBC Report on Case Masterpiece Supreme Court Case from Colorado - CNN news piece Please do leave any comments or observations you have on this case 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 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 Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

22mins

15 Oct 2018

Rank #16

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What can a manager do when an employee has raised a grievance about them? Episode 94

What can a manager do to assert their authority and continue to manage an employee who has a grievance against them?  In this episode of the podcast I attempt to answer a great question from a listener about the practicalities of managing someone who has raised a grievance against you in response to your addressing performance or capability issues. An interesting question and a scenario that arises all too frequently. In this episode I will cover: My advice on how to avoid a grievance scenario in the first place; Why employees often feel aggrieved when performance or capability issues are raised; Why communication is the key in managing employees; My thoughts on grievance procedures and why they do not need to be long drawn out processes; Tips on how best to continue to proactively manage an employee even when there is a grievance process. Action Points Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay; Ensure that managers and supervisors who have line management responsibilities have some form of management training; Give your managers and supervisors support with difficult employees and play a hands on role to resolve the issues; Do not drag on grievance processes unnecessarily, there is no reason why it has to take months to investigate; Seek advice and expert support before a dispute arises.  Useful Links As part of our HR Harbour annual subscription service for employers we provide guidance and support for managers, which can include training on being a better manager and having difficult conversations. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £150 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

22mins

5 Mar 2018

Rank #17

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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?

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 If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective. Discuss any objections with the employee and see if you can reach an agreement. 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 Redundancy Part 1: An Introduction (Episode 040) Redundancy Part 2: Consultation (Episode 041) Redundancy Part 3: Selection (Episode 042) Redundancy Part 4: Alternative Vacancies (Episode 043) Redundancy Part 5: Redundancy Pay (Episode 044) Redundancy Part 6: FAQs (Episode 045) 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

25mins

28 May 2019

Rank #18

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Gender equality in the workplace

A reflection on Gender Equality in the lead up to International Women's Day 2019 In this episode of the podcast I reflect on some of the issues facing women in the workplace including the challenges and statistics of the number of women who are leading the way in FTSE companies.  In this episode I will cover: Why inequality is part of our recent history and some of the issues women have overcome at work in only the last 100 years. Recent statistics on the numbers of women leading FTSE 100 and FTSE 350 companies. Some of the most shocking reasons why women are not making it onto the Boards of these 'leading' companies. Why having a gender balance is actually good for business. Some top tips on how you can start to address the imbalance in your business or organisation. The Equality Act provisions on positive action and when it is permitted. Action Points Track and measure so that you understand statistics on gender equality in your business or organisation. Tailor and target your recruitment marketing for women. Set up mentoring and ensure that the female leaders in your business or organisation are visible to others. Address and explore unconscious bias and preconceived ideas that may have developed at a senior level. Develop a strategy for what you want to achieve and get buy in to this at all levels. Ensure that all managers and senior staff have training in respect of equality and diversity. Look at the culture in your business and make changes where the culture does not reflect your strategy. Address complaints and issues quickly and take them seriously. Be proactive and build confidence of staff who have ambition or talent to be a future leader. Introduce a clear salary structure based on tangible measure. We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance. Useful Links Article written by Alison Colley 'Gender Equality in the Workplace: Still and Issue?' November 2018 Worst explanations for not appointing women to Boards Equality Act Section 158 and 159

25mins

4 Mar 2019

Rank #19

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Suspension at work: Case Examples - Episode 87

Examples of cases involving suspension at work Following the last two episodes in which I covered suspending employees, I have compiled some cases involving suspension at work to give you some examples of the facts and circumstances. In this episode I will cover: Camden and Islington Mental Health and Social Care Trust v Atkinson UKEAT/0058/07 Gogay v Hertfordshire County Council - Court of Appeal 2000; Mezey v South West London & St George's Mental Health Trust - Court of Appeal; Milne v The Link Asset & Security Company Limited - Employment Appeal Tribunal; Shipstone v Leicestershire County Council - Leicester Employment Tribunal. You can review Employment Tribunal Judgement that have been published here: https://www.gov.uk/employment-tribunal-decisions Action Points Seek advice about the particular circumstances, every case is different; Review the suspension checklist before suspending, in the same way as you would for any other conduct issue; Take care not to make snap decisions or judgments; Listen to the two earlier episodes on suspension here 85 and 86. Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk 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   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.

17mins

16 Oct 2017

Rank #20