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Other than in Northern Ireland, there is no statutory right for an appeal to a dismissal, however the ACAS Code of Practice on disciplinary and grievances procedures suggests an appeal should be provided against a decision made by the employer. Normally this would be reflected in a well drafted dis…
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As is often the case employers must deal with incidences where the conduct of their staff might involve a criminal investigation as well as their own internal investigations. Some examples of that are theft, assault, or some other serious conduct that warrants a police investigation.
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Due to the expansion of social media and technology, employee’s work and private lives are increasingly becoming blurred. Sometimes, it is not clear whether employee’s work and personal lives are separate. This raises issues for employers when acting on managing misconduct outside of work.
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The Equality Act 2010 protects your employees from discrimination in the workplace. The act covers 8 protected characteristics; Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Race, Religion or Belief, Sex and Sexual Orientation.
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Since the introduction of the new European law a year ago - General Data Protection Regulation (GDPR), employers now broach the topic of data differently. Though the concept still remains very similar to the old Data Protection Act, GDPR guidelines has broken down individual rights succulently. In…
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Should employers be paying employees for time travel to a customer’s site? When does the clock start ticking? What counts as working time? Does this apply to employees? Mobile workers? Self employed?
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From time to time there may be occasions where children are on your work premises, whether they are accompanying their parent who is a staff member, a pupil / student (including work experience), there for a particular event or if in a public place just passing through. Many family friendly business…
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From 1st April 2019, the national minimum wage and national living wage rates increased, and employers have the responsibility to ensure their employees are receiving the correct rates of pay within their pay reference period.
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ACAS has recently published some guidance to help employers manage neurodiversity. There are increasing number of employers that has a neurodiverse workforce without realising. Neurodiversity refers to the different ways the brain can work and interpret information.
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The process of mediation has been used in HR for decades. It is particularly common in grievance and disciplinary situations as a way to resolve (or to control) employee conflict within the work place.
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Under the Working Time Regulations (WTR), an adult worker is entitled to a rest break if their daily working time exceeds six hours. A rest break is a period of at least 20 minutes unpaid break which the adult worker is entitled to spend away from their workstation and should be taken within the six…
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Mental Health Awareness Week 2019 runs from 13th May to 19th May. This year the focus is on body image (#bebodykind). 1 in 6 people suffer from mental health problem every year (source: Mind 2019). Common symptoms of mental health include stress, depression and anxiety however mental health can be…
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The HSE have recently put out a safety alert around platform lifts (the type that are primarily used for those with impaired mobility). It has been noted that occasions of door locks / latches are inadequate or have been tampered with leading to a risk of falling from height as the lift is able to o…
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To acquire the right to make a claim for unfair dismissal an employee must have been continuously employed for a minimum of two years. The exceptions to this rule include any claims brought under the Equality Act 2010 for discrimination under one of the protected characteristics; sex, sexual orient…
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TUPE – "Transfer of Undertakings (Protection of Employment) Regulations 2006" allows employers to transfer staff from one employer to the next without breaking the terms and conditions of employment. TUPE also applies to service provision when a contractor takes over the activities from another i.e…
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The HSE’s Fee For Intervention (FFI) scheme was launched in 2012, with the objective of placing the burden of the HSE’s costs on any business in which the HSE have had to intervene due to a material breach in health and safety legislation, and thus reducing the cost to the taxpayer for such action.
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Do Employers have to pay staff for doing "a bit extra" before or after work? The employment tribunal decision in the case of Fitz v Holland and Barrett 2019 gives employers some guidance on such matters.
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An essential part of the redundancy process is trial periods. They apply where the person at risk is given the opportunity to trial working in a different role so that both parties (employer/employee) can decide whether the role is suitable or not.
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Since the UK Supreme Court abolished tribunal fees in July 2017 employment tribunal (ET) claims have continued to increase quarter on quarter. The Ministry of Justice (MOJ) have recently published the latest figures for the quarter October 2018 to December 2018. There has been an increase of 23…
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As part of a disciplinary process, whether to suspend an employee who is under investigation is a common query raised at Quest HR. The judgment of the Court of Appeal in London Borough of Lambeth v Agoreyo 2019 now provides authoritative guidance on such disciplinary suspensions.
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