On this week's XpertHR Weekly, which is the second part of a two-part interview with special guest Max Winthrop, we continue our journey through a typical employment tribunal hearing. Max, an employment partner at Short Richardson & Forth LLP, explains what happens after both parties have given their evidence. He covers closing submissions, how the tribunal will deliver its judgment and deal with remedies, the recovery of costs and the lessons that can be learned from both victory and defeat...
Jan 12, 2017•14 min
On this week's XpertHR Weekly, we tell you how to prepare for, and what to expect at an employment tribunal hearing. We are joined by special guest, employment partner at Short Richardson & Forth LLP and XpertHR employment law manual updating author, Max Winthrop. He prepares you for what happens at a typical tribunal hearing starting from what do when you arrive at the tribunal on the morning of the hearing all the way through to what to do when the tribunal delivers its judgment. Presenter...
Jan 12, 2017•29 min
In this week's podcast, we discuss the issues that can arise when a job offer is made but subsequently has to be withdrawn. We look at how a job offer can result in an employment contract being formed and ways in which employers can limit their liabilities in the event that they need to withdraw a job offer because, for example, the job applicant has failed to meet certain required conditions or the employer's financial situation has changed. Presenter Laura Merrylees is joined by Clio Springer....
Jan 12, 2017•11 min
In this week's feature-length podcast, we discuss the key legislative developments affecting employers in 2017, including: gender pay gap reporting; the apprenticeship levy; public-sector exit payments and changes to statutory rates. With many of the changes likely to affect employers of all sizes and in differing sectors, we consider what employers need to do to prepare and plan for the year ahead and beyond. Presented by Laura Merrylees and Ellie Gelder.
Jan 05, 2017•21 min
In this week's podcast, we discuss the latest trends and challenges in a competitive recruitment market, including skills shortages and the time and cost to hire. We also look at candidate attraction and job application methods, as well as the role of line managers. Presenter Ellie Gelder is joined by Jo Jacobs.
Dec 15, 2016•7 min
In this week's podcast, we predict the key cases for 2017. We explain why employment status in the gig economy will be a big talking point, and flag up a major equal pay case against a private-sector employer. We also explain how case law on the definition of "in the public interest" in whistleblowing is expected to develop, and look forward to Unison's final bid to have employment tribunal fees ruled unlawful. We finish by flagging up two European cases on religious discrimination in dress code...
Dec 08, 2016•11 min
In this week's feature-length podcast, Sarah Thompson, employment lawyer and Certified Information Privacy Professional, explains the key features of the General Data Protection Regulation (2016/679 EU) (GDPR) and guides employers through the practical steps that they will need to take to ensure compliance. Presenter Laura Merrylees is joined by Sarah Thompson.
Dec 01, 2016•21 min
We discuss practical steps that employers can take to avoid bad behaviour, such as sexual harassment and fighting, at their workplace Christmas party. We also look at attendance and absence issues involving: unauthorised absence; refusal to work overtime; annual leave requests; and attendance allowances.
Nov 24, 2016•26 min
In this week's feature-length podcast, our special guest, payroll consultant Kate Upcraft, explains the pensions auto-enrolment requirements and the impact that they have on employers' duties in relation to pension provision. Presenter Clio Springer is joined by Kate Upcraft.
Nov 17, 2016•21 min
In this week's feature-length podcast, we are joined by special guest, HR consultant Debra Cadman, to explore the process of managing an HR change, such as the introduction of a new policy or a new system for recording sickness absence. Presenter Bar Huberman is joined by Debra Cadman.
Nov 10, 2016•10 min
In this week's podcast, we look at flexible working requests focusing on issues that may arise when women returning from maternity leave request a change to their working hours. We discuss two recent employment tribunal decisions, Whiteman v CPS Interiors Ltd and Smith v Gleacher Shacklock LLP, and consider what practical steps employers can take to deal with flexible working requests in the required reasonable manner. Presenter Jeya Thiruchelvam is joined by Fiona Cuming.
Nov 03, 2016•15 min
In this week's podcast, we discuss pay award levels in 2016 and the likely level of employee pay increases in the year ahead. We take a look at the factors influencing employers' pay award decisions and other ways to engage employees through reward. Presenter Susan Dennehy is joined by Sheila Attwood.
Oct 27, 2016•7 min
In this week's podcast, we discuss sickness absence rates for 2015 and the associated costs, and the sickness absence trends that have emerged. We also look at the steps that employers can take to successfully manage sickness absence. Presenter Ellie Gelder is joined by Noelle Murphy and Sarah Anderson.
Oct 20, 2016•15 min
Matthew Lewis, employment partner at Squire Patton Boggs, explains the key features of the apprenticeship levy, due to come into force in April 2017. We discuss what it is and how it will impact on levy-paying and non-levy paying employers. We also offer practical guidance on what employers can do to get the most out of the levy. Presenter Laura Merrylees is joined by Matthew Lewis.
Oct 13, 2016•18 min
In this week's feature-length podcast, Nicky Stibbs, freelance employment law writer, and Max Winthrop, employment partner at Short, Richardson & Forth LLP, answer key questions around disciplinary investigations and hearings, and dismissals, including: the Acas code of practice on disciplinary and grievance procedures; reliance on past warnings; the role of HR in the disciplinary process; the right to be accompanied; probationary employees; and automatic unfair dismissals. We also discuss m...
Oct 06, 2016•22 min
In this week's feature-length podcast, employment lawyer and part-time employment judge Laurie Anstis provides an update on the key legal developments affecting employers from October 2016 and beyond, including: changes to the national minimum wage rates; reforms to employment tribunals; public-sector exit payments; important case decisions to look out for; the Trade Union Act 2016; and the apprenticeship levy. Presenter Ellie Gelder is joined by Laurie Anstis.
Sep 28, 2016•24 min
The introduction of employment tribunal fees has had a major impact on employment tribunal claims. We discuss the latest figures for tribunal claims and look forward to the future of employment tribunals, including plans to make all first-instance tribunal decisions available online and the possibility that employment tribunals will be replaced by an Employment and Equalities Court within the civil court structure. Presenter Ellie Gelder is joined by Stephen Simpson.
Sep 22, 2016•12 min
If an employee loses the right to work in the UK, the employer needs to take action or risk civil and criminal penalties. However, the employer must also consider its employment law obligations towards the individual. In this week's podcast, we discuss how employers should deal with a situation in which an employee no longer has the right to work in the UK. Presenter Laura Merrylees is joined by Clio Springer.
Sep 15, 2016•8 min
The "gig economy" has received considerable media attention recently, with a number of public protests taking place by gig economy contractors and several high profile employment tribunal claims underway. In this week's podcast, we consider the employment law issues raised in these cases. We also discuss how to address the risks faced by organisations that hire freelancers through web applications. Presenter Bar Huberman is joined by Qian Mou.
Sep 08, 2016•12 min
There are a number of different family-friendly rights and it can be difficult to keep on top of them. We discuss the various types of family-friendly leave, including: who is entitled to the leave; the amount of leave available; any requirements for the leave; and whether or not it is paid. We also touch on the Government's plans to extend shared parental leave and pay to working grandparents. Presenter Ellie Gelder is joined by Sarah Anderson.
Sep 01, 2016•12 min
This week's podcast focuses on recruitment. We look at the results of our recent survey on graduate recruitment, including the starting salaries organisations are paying graduates and trends in how organisations attract graduate candidates. We also give an overview of probationary periods, including dismissal during or at the end of a probationary period. Presenter Ellie Gelder is joined by Michael Carty and Susie Munro.
Aug 25, 2016•13 min
Various issues can arise when employees take holiday. An employee may fail to return to work when due, or the employer may not have granted the leave in the first place. We discuss how employers can limit and deal with this type of unauthorised absence, as well as the steps that employers can take if employees fail to make arrangements for vital work to be covered in their absence. We also consider if it is reasonable for employers to contact employees while they are on holiday. Presenter Laura ...
Aug 18, 2016•11 min
Drug and alcohol misuse in the workplace can be a sensitive topic. We discuss how employers can support employees with substance misuse issues and respond to drug- or alcohol-related incidents in the workplace. We also provide guidance on drug and alcohol testing and discuss recent employment tribunal cases in this area. Presenter Ellie Gelder is joined by Qian Mou.
Aug 11, 2016•10 min
Five years on from the abolition of the default retirement age, we highlight four key retirement issues that have come before the tribunals and courts. Presenter Laura Merrylees is joined by Stephen Simpson.
Aug 04, 2016•11 min
Worker representation is in the news after the Prime Minister promised to put workers on the boards of large companies as part of her plan to reform boardroom governance. We discuss the structures currently available for worker representation in the workplace, the role of works councils, the relevant law and the practical implications for employers. Presenter Ellie Gelder is joined by Fiona Cuming.
Jul 28, 2016•10 min
Consultant editor Darren Newman joins us to discuss the implications of the Trade Union Act 2016 for both public- and private-sector employers. Darren explores the likely impact of the Act, including the following key features: new rules on ballot thresholds and ballot mandates; electronic balloting; notice periods for industrial action; picketing; and changes to the check-off procedure and facility time in the public sector.
Jul 19, 2016•26 min
The Court of Appeal heard Lock and another v British Gas Trading Ltd, on commission in holiday pay, on 11 July. We round up where we are with holiday pay case law and flag up the key arguments that were discussed before the Court of Appeal in the Lock case. Presenter Ellie Gelder is joined by Stephen Simpson, and also Qian Mou and Fiona Cuming who attended the Lock hearing.
Jul 14, 2016•8 min
We provide a mid-year round-up of the key legal developments for employers, including the Trade Union Act, gender pay gap reporting, public-sector exit payments, the apprenticeship levy and the latest position on holiday pay cases. Presenter Ellie Gelder is joined by Laura Merrylees and Sheila Attwood.
Jul 07, 2016•21 min
Eversheds partner Naeema Choudry joins us to discuss how the Fit for Work service can benefit employers, even if they already have their own occupational health provision. The Fit for Work service can provide free assessments for employees on sickness absence and can recommend steps to help them to return to work. We look at the referral and assessment process and the role of the return-to-work plan as part of an employer's absence management procedure. Presenter Susie Munro is joined by Naeema ...
Jun 30, 2016•16 min
We discuss a number of recent cases that concern NHS employers but that could also apply more widely. We look at the implications of the cases and steps that employers can take to help avoid the type of situations that arose. Presenter Clio Springer is joined by Susan Dennehy.
Jun 22, 2016•11 min
