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The Employment Law & HR Podcast

Updated 5 days ago

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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 Mar 27, 2020

The Best Episodes Ranked Using User Listens

Updated by OwlTail 5 days ago

Rank #1: 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 #2: 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 #3: 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

Play

Rank #4: 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

Play

Rank #5: 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 #6: 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 #7: 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

Rank #8: A speedy resolution to disputes and difficult situations with employees: Episode 95

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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
  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. 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;
  3. 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

Mar 19 2018

20mins

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Rank #9: 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

Play

Rank #10: 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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Rank #11: 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

Rank #12: 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 #13: 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 #14: Uber drivers claim to be employees: Episode 61

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The Employment Tribunal hears a case by Uber drivers claiming to be employees

In this weeks' episode I bring you the details of a case that has just been heard by the Central London Employment Tribunal involving Uber drivers and their claim to be employees. If they are successful it will mean they and thousands of other drivers will be entitled to a number of employment benefits. It could also have wider implications for businesses who utilise staff services in a similar way. The Employment Tribunal have not issued their judgement yet and I will report on this again when the outcome is known.

In this episode I will cover:
  • Details that are known about the case;
  • Why it is important for the Uber drivers to be employees rather than self-employed persons;
  • What factors the Tribunal will consider when deciding if someone is an employee, worker or self-employed person;
  • What the top three factors are in deciding if someone is an employee;
  • Why more businesses are starting to use 'self-employed' contracts;
  • Why you should take care when deciding what 'label' to place on your relationship with staff.
Action Points
  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter at www.adviceforemployers.co.uk to ensure you get an update when the outcome is released;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

Aug 08 2016

18mins

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Rank #15: GDPR: Overview for Employers: Episode 89

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Do you know about the GDPR & your requirements as an employer? 

If you are an employer or business owner you will have undoubtedly heard the word 'GDPR' around generally, normally followed by a bit of confusion and concern. The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I begin a mini-series bringing you an overview of the GDPR from an employers perspective. Following this podcast will be at least one, possibly two further episodes on the GDPR and a free checklist for Employers.

In this episode I will cover:
  • An overview of the introduction of the GDPR;
  • The deadline for compliance;
  • The consequences of non compliance;
  • A background to its application in the UK and EU;
  • What data it applies to;
  • How you may legally justify holding and processing data;
  • How you can gain consent from employees to holding their data;
  • What information you must provide to employees about their data and data rights;
  • What an employee's rights are when it comes to their personal data;
  • Changes to the Subject Access process and rules;
  • How you must demonstrate your compliance with the GDPR;
  • Advice about appointing a data protection officer;
  • Obligations to report a data breach;
  • Where you can go for more information.
Action Points
  1. Listen to the podcast and future episodes about the GDPR;
  2. Contact us for a free checklist (available after the 20th November 2017);
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 
Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

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

Nov 12 2017

27mins

Play

Rank #16: When does an employer have constructive knowledge of disability? Episode 93

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Will an employer be expected to know an employee is disabled if the occupational health report says otherwise? 

In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer's constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.

The case is Donelien v Liberata UK Limited

In this episode I will cover:
  • The facts of the case;
  • Background to the relevant discrimination legislation;
  • The relevance of the case given the fact that it was decided under the Disability Discrimination Act;
  • The decision of the Court of Appeal;
  • Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.
Action Points
  1. If you suspect an employee may be disabled it is important to get advice;
  2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
  3. Seek advice on your legal obligations before dispute arise. 
Useful Links

Donelien v Liberata UK Limited - Court of Appeal 

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

Feb 19 2018

16mins

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Rank #17: GDPR: Questions Answered - Episode 91

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Answers to some questions you may have about the GDPR 

Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.

In this episode I will cover answers to the following questions:
  • Does the GDPR apply to information held about a business?
  • Are there extra considerations if we employ children?
  • Do all businesses need a data protection officer?
  • Who needs to know about the GDPR in my business?
  • Do I need to delete all old employee information I have?
  • If I only keep paper records does the GDPR still apply?
  • If we use software to hold employee data what do we need to do about this?
  • Is it necessary to have consent in all cases if we are holding and processing data?
Action Points
  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 
Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

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

Dec 11 2017

17mins

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Rank #18: 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 #19: What can you do if you find out an employee has a criminal conviction? Episode 105

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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

  1. Consider if any of the job roles in your business fall under the Exceptions Order
  2. Look at how the vetting process works and fits in your organisation.
  3. Consider what steps you take to undertake checks and background information about candidates.
  4. 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

Aug 05 2018

21mins

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Rank #20: Managing Sickness Absence 4: Frequently Asked Questions

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Dealing with sickness absence in the workplace

This episode of the podcast is the fourth and final part of a mini series on managing sickness absence at work and in this episode I cover some frequently asked questions and listener questions. 

In this episode I will cover answers to the following questions:
  • What if an employee is sick from one job but still working in their other job?
  • Do I have to wait for an employee's sick pay to run out before I can take action to dismiss them?
  • I have heard that there are extra requirements if the employee's absence is caused by an accident at work?
  • Can I dismiss an employee with a disability if they are off sick?
  • What if the employee gets better and has a period of time with no absence but has had lots of warnings for absence in the past?
  • How do you deal with a situation when an employee goes off on medium to long term sick leave just before a capability hearing at the end of a formal capability process? Can you pick back up with that capability hearing when it is no longer viable to just extend the period by the time the employee had off sick?
Action Points
  1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
  2. Set out from the outset the method and frequency of contact with an employee;
  3. Obtain medical advice;
  4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Other related podcasts:

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

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

Photo by Emily Morter on Unsplash

Jan 21 2019

22mins

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