In the recent decision of Talon Engineering Ltd v Smith, the Employment Appeal Tribunal upheld an earlier tribunal finding that an employer's refusal to postpone a disciplinary hearing because of the unavailability of the employee's companion led to the employee being unfairly dismissed. Consultant editor, Darren Newman, explains the background to the case and its legal implications. We go on to discuss what employers can take from this decision and how they should be handling postponement reque...
Oct 04, 2018•15 min
Senior HR practice editor Noelle Murphy discusses the trends in key HR metrics gathered by XpertHR for over a decade. We cover movements in sickness absence rates, labour turnover - including rates among employees with less than 12 months' service - and changes in the ratio of HR practitioners to employees, and consider what these changes mean for HR and the wider business. Presenter Laura Merrylees is joined by Noelle Murphy. Edited and produced by Chris Bryant
Sep 20, 2018•15 min
Embedding an effective mental health first-aid structure in your organisation is a key step to ensuring the mental wellbeing of your workforce. Mental health first-aid instructor and management trainer, Peter Larkum, takes you through what you need to know about mental health first aid at work.
Sep 06, 2018•13 min
Louise Haycock, a senior manager at Fragomen and updating author at XpertHR, outlines where all things Brexit stand as of now for employers, what the end of free movement will mean for current and future employees from the European Economic Area and the implications of a "no deal" Brexit. Louise also covers what steps HR can take to reassure any employees who may be directly affected by the end of free movement between the UK and the EU and key dates around the process. Presenter Noelle Murphy i...
Aug 09, 2018•18 min
The right to know who holds data about you and how it is being processed has long been a fundamental part of data protection law. The GDPR has brought in a renewed focus on transparency, and employers need to be prepared to respond quickly, should an employee or job applicant make a data subject access request. We discuss the main changes in the procedure for responding to a subject access request under the GDPR regime and the practicalities of providing access to what could potentially be a lar...
Jul 18, 2018•12 min
The headlines are being dominated by "gig economy" employment status cases, but there are plenty of other important employment law cases coming up. We discuss the potential implications for employers of forthcoming rulings on whistleblowing, data protection, restrictive covenants, covert CCTV and violence at work-related social events.
Jul 05, 2018•12 min
In the recent decision in Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal opened up the question of whether or not an employer's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory. Douglas Leach, who represents Mr Hextall in the case and is a barrister at Guildhall chambers, outlines the case and explains the potential implications of the decisi...
Jun 21, 2018•17 min
With the World Cup 2018 starting on 14 June, we can safely say that football fever is about to arrive in the workplace. We discuss how employers can make the World Cup a home win by taking advantage of all the employment engagement opportunities that this event can bring. We look at some issues that might arise during the World Cup and we take a look at two employment law cases, Post Office v Liddiard and May & Baker Ltd (t/a Sanofi-Aventis Pharma) v Okerago, concerning employee conduct duri...
Jun 07, 2018•15 min
Enforcing the protection that restrictive covenants provide can be difficult and legally complex, particularly at a time when key commercial interests are at stake and emotions are running high. Special guest, Patrick Brodie, Head of Employment at law firm RPC and XpertHR contributing author, takes you through what you need to know about restrictive covenants to protect your business effectively.
May 24, 2018•18 min
Gender pay gap reports have now been published by more than 10,000 organisations. Mark Crail, content director at XpertHR including the XpertHR gender pay gap reporting service, discusses the main findings from the reports, how best to use the data internally and externally, and the dos and don'ts when preparing reports for 2019.
May 10, 2018•13 min
Managing the needs of a bereaved employee is one of most sensitive issues that HR professionals can face. Sheila Attwood, XpertHR managing editor for pay and HR practice, talks us through the support that employers can give employees at the time of a bereavement. We are also joined by Andy Langford from Cruse, a national bereavement charity, to tell us about the employee experience and how they would like to be supported by their employer.
Apr 26, 2018•10 min
With the implementation of the General Data Protection Regulation (GDPR) on 25 May 2018 fast approaching, we highlight the new and updated resources on XpertHR that will help with your GDPR preparation, whatever stage you are at. If you are just beginning to think about your GDPR compliance, we point out the practical guidance on XpertHR that will help with getting started. If you are further down the line in implementing your compliance plan, we direct you to where you can find more detailed gu...
Apr 12, 2018•12 min
People analytics is one of the most significant processes to affect the HR function - the business insight it offers can ensure HR enjoys a level of influence within organisations rarely seen before. Sjoerd van den Heuvel, a researcher and lecturer at the Utrecht University of Applied Sciences in the Netherlands, and expert in people analytics, joins us to provide some practical guidelines on the hows and whys of getting involved. Presenter Noelle Murphy is joined by Sjoerd van den Heuvel....
Mar 22, 2018•22 min
Ensuring a redundancy process stands up to inspection while minimising the impact on remaining employees is a an ongoing challenge for HR practitioners. One of our oldest employment rights carries with it a series of common pitfalls. Max Winthrop, an employment law partner at Short Richardson and Forth LLP, joins us to give us the benefit of his experience of regularly advising on redundancy exercises, including how to ensure the consultation process is meaningful and ensuring selection criteria...
Mar 08, 2018•18 min
Enabling the return to work of employees on long-term sickness absence remains an ongoing issue for employers, despite the Government's decision to close the Fit for Work assessment service, following low referral rates. Eversheds Sutherland partner Naeema Choudry joins us to discuss what the demise of the service means for employers and the options available when assessing employees on long-term sickness absence.
Feb 22, 2018•10 min
In the recent decision of The Sash Window Workshop and another v King, the ECJ opened up the risk of unpaid holiday claims being brought by "workers" treated as self-employed. Nick Chronias, employment partner at DAC Beachcroft LLP, explains the implications of the decision and the steps employers can take to mitigate against the risk. Presenter Laura Merrylees is joined by Nick Chronias.
Feb 08, 2018•15 min
The quality of leadership can distinguish a successful organisation from a struggling one. Nigel Paine, a learning and development specialist, author and broadcaster, joins us to explain why leadership development is so important and how organisations can deliver it to maximum effect.
Jan 25, 2018•15 min
Using mediation to resolve workplace conflict can be a highly effective tool for employers. Aled Davies, an expert in mediation, joins us to explain how mediation can take place at work and the benefits it can offer. Presenter Laura Merrylees is joined by Aled Davies.
Jan 11, 2018•19 min
We predict the key cases for 2018 and assess their likely impact. We explain why employment status will remain in the spotlight, and we discuss the ramifications of the ECJ's recent decision on holiday pay.
Dec 07, 2017•20 min
With organisations having already published or preparing to publish their first gender pay gap reports, Mark Crail, content director for XpertHR, takes a look at where we are now, including: the number of reports that have been published; what reports should contain; how to identify target audiences for reports; and examples of good and bad reporting. Presenter Zuraida Curtis is joined by Mark Crail.
Nov 23, 2017•10 min
Handling redundancies where affected employees include those who are pregnant or on maternity leave can give rise to some tricky issues. Understanding what the law allows you to do, including the special protections that can apply, is crucial to ensuring a fair process. Jo Broadbent, who is a professional support lawyer with Hogan Lovells, explains the key features of the law including: how the selection process operates; the duty to offer suitable alternative employment; entitlement to notice p...
Nov 09, 2017•26 min
Kate Pritchard, director of research at ORC International, joins us to discuss emerging trends in employee engagement, including: the "Engage for Success" movement; the impact of technology; survey response rates and turnaround times; the frequency of surveys, together with the use of pulse surveys; and the potential impact of the EU General Data Protection Regulation. Presenter Noelle Murphy is joined by Kate Pritchard.
Oct 26, 2017•10 min
Special guest Brad Taylor, Head of People at CIPD, joins us to discuss the findings of the XpertHR HR careers survey 2017 and provides a valuable insight into the HR profession.
Oct 12, 2017•10 min
In the second part of our two-part podcast on TUPE, special guests Patrick Brodie and Kelly Thomson clear up some common TUPE myths.
Sep 28, 2017•18 min
In part one of our two-part podcast on TUPE, we discuss how to inform and consult employees on a TUPE transfer to ensure as smooth a transfer as possible. Special guests Patrick Brodie and Kelly Thomson, TUPE specialists at law firm RPC and XpertHR contributing authors, run through their top tips on informing and consulting.
Sep 21, 2017•16 min
In the recent decision in Agoreyo v London Borough of Lambeth, the High Court held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee. Nicky Green, professional support lawyer at Capsticks, explains why this case is an important reminder of the steps an employer should take before deciding whether or not to suspend an employee. Nicky also discusses the process that an employer should follow when ...
Sep 07, 2017•10 min
Employers have a degree of flexibility when deciding how to deal with employee grievances. We look at how to take a common sense approach to grievances, including when to take informal action, what to do if employees are reluctant to get involved with a formal procedure, and the potential outcomes to consider. Presenter Qian Mou is joined by Susie Munro.
Aug 31, 2017•11 min
Employers continue to be confused by the concept of constructive dismissal. Max Winthrop, employment partner at Short Richardson & Forth LLP, explains constructive dismissal, including: what action on the part of an employer may entitle an employee to resign; the level of connection required between the employer's actions and the employee's resignation; and strategies for defending a constructive dismissal claim in the employment tribunal.
Aug 24, 2017•18 min
Employers are increasingly required to deal with employees covertly recording disciplinary and grievance meetings. With the prevalence of sophisticated recording devices, including mobile phones, this trend is likely to continue. In this week's podcast, we discuss how an employer should deal with covert recordings. In particular we look at the cases of Punjab National Bank (International) Ltd and others v Gosain and Zia and others v Brighton University Foundation Trust and others and offer pract...
Aug 17, 2017•7 min
In the recent decision in Dudley Council v Willets and others, the Employment Appeal Tribunal found that regular voluntary overtime carried out by employees should be included in the calculation of holiday pay. Nick Chronias, employment partner at DAC Beachcroft LLP, explains the legal implications of the decision for employers. We go on to discuss what employers should be doing differently as a result of the decision. Presenter Jeya Thiruchelvam is joined by Nick Chronias.
Aug 10, 2017•15 min
