How far should employers go in meeting their obligations to make reasonable adjustments for disabled workers? What does the law mean by "provision, criterion or practice"? What factors should employers take into account when deciding what adjustments to make? Drawing on examples from case law, we discuss some key do's and don'ts when making reasonable adjustments. In particular, we discuss how the duty extends to job applicants as well as current employees; the practicalities of making adjustmen...
Dec 17, 2019•14 min
Should the same punishment be handed down to everyone when there are multiple culprits? Can an expired warning be taken into account? Can a disciplinary sanction be increased on appeal? We discuss some common dilemmas for employers when deciding on disciplinary penalties.
Dec 03, 2019•17 min
Kate Upcraft , payroll consultant and lecturer, joins us to discuss proposed reform of IR35 (intermediaries legislation) in the private sector that will have an impact on off-payroll working, and that is anticipated to take effect in April 2020. Kate explains what the new rules will mean for employers that engage consultants, and the practical steps that organisations will need to take to ensure compliance. Kate also discusses further changes that are anticipated for public-sector employers....
Nov 19, 2019•33 min
Nick Chronias , partner at DAC Beachcroft LLP, joins us to share his guidance on when you can take issue with an employee's use of social media, and the benefits of having a social media policy that reflects the needs and culture of your organisation.
Nov 12, 2019•17 min
Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, joins us to discuss the legal and practical issues related to covert recordings at work. We consider the challenges employers are likely to face including the recording of disciplinary proceedings by employees, and dealing with evidence covertly obtained to support harassment allegations. We also discuss what employers should know before making a covert recording, and how policies and procedures can be best drafted to mitigate common risks...
Oct 29, 2019•24 min
Senior HR practice editor Noelle Murphy discusses the trends in sickness absence and labour turnover rates - including rates among employees with less than 12 months' service - and considers what these changes mean for HR and the wider business.
Oct 15, 2019•14 min
Over two years on from the abolition of employment tribunal fees, we discuss the latest figures for tribunal claims and look at the impact on employers of severe delays in cases being heard.
Sep 30, 2019•14 min
Naomi Goldshtein, compliance manager at Fragomen, joins us to discuss what employers need to know about the right to work in the UK. This includes the key points often overlooked by employers when it comes to the prevention of illegal working in the UK, documentation required, and outlines the process that should be followed.
Sep 17, 2019•20 min
Naeema Choudry, partner at Eversheds Sutherland, joins us to discuss the EAT decision of Kelly v Royal Mail Group which highlights common issues and dilemmas associated with long-term poor attendance, including constructive knowledge of disability and the weight to attach to occupational health advice. We also discuss how a decision to dismiss for poor attendance may fall within the band of reasonable responses, even where it was acknowledged to be harsh.
Sep 03, 2019•16 min
Handling difficult conversations is an essential skill for line managers but it doesn't come easily. Gary Bates and Sarah-Jane Georges, both account directors at behaviour change company Steps, discuss the best ways to develop line manager confidence and competence in having such conversations. This includes the key principles around having effective and productive conversations when the subject matter is difficult or potentially upsetting for the employee, and offers examples using role play....
Aug 06, 2019•28 min
Matthew Perry, a solicitor at Wedlake Bell, joins us to discuss the benefits of embedding effective whistleblowing arrangements in your organisation, and guides you through the steps to take should you receive a whistleblowing complaint.
Jul 23, 2019•16 min
Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, joins us to discuss the legal and practical issues that employers need to think about when contemplating positive action.
Jul 09, 2019•25 min
Getting the right dress code in place for your organisation means not falling foul of the law in this area. Beverley Sunderland , managing director of Crossland Employment Solicitors, joins us to set out what employers need to take into account and to provide practical guidance on rolling out a dress code policy. Sarah Byrne, HR practice editor, also joins us to discuss our latest research in this area.
Jun 25, 2019•16 min
Louise Haycock, director at Fragomen, takes us through the implications of Theresa May's resignation and the new proposed Brexit date of 31st October 2019.
Jun 11, 2019•11 min
Issues that can arise during maternity leave range from the mundane, such as keeping lines of communication open, to the dramatic, such as putting an employee at risk of redundancy. We are joined by principal employment law editor Stephen Simpson to discuss common scenarios during maternity leave, and how to deal with them.
May 28, 2019•21 min
Almost one year on from the introduction of the GDPR, we discuss its continuing importance for HR and the potential impact of Brexit on transfers of personal data. We are joined by senior employment law editor Susie Munro to go through some current data protection issues of interest to HR. We look at: potential enforcement action and the importance of staff training; the use of artificial intelligence in the recruitment process; data protection impact assessments; and the transfer of data betwee...
May 14, 2019•14 min
XpertHR's annual survey of HR roles and responsibilities covers HR priorities over the coming year, budgets for carrying out activities and ratio of HR practitioners to employees. Senior HR practice editor, Noelle Murphy, takes us through latest findings, key points of note from the research and identifies trends over time. Recruitment challenges for the HR profession and the impact of Brexit are also discussed.
Apr 30, 2019•12 min
Handling disciplinary and grievance situations is a perennial issue for HR, and having robust procedures in place is the cornerstone of a fair process. Max Winthrop, head of employment law at Short Richardson and Forth LLP, joins us to discuss some of the key points you need to have in mind, including how recent updates to the Acas guidance on disciplinary and grievance situations may impact your approach.
Apr 14, 2019•11 min
Settlement agreements form an essential part of an employer's toolkit, providing a means to terminate employment on mutually acceptable terms without the risk of tribunal claims. Their success, however, depends on effective negotiation with the employee and compliance with technical rules. Nick Chronias , partner at DAC Beachcroft LLP, joins us to discuss the key features of the settlement process including the following: starting a conversation with an employee around termination; the differenc...
Apr 05, 2019•22 min
How should employers approach political discussions at work? Can employers prevent employees from displaying pro- or anti-Brexit paraphernalia at work? What about staff campaigning or protesting outside working hours? Will employers making redundancies because of Brexit really choose leave voters as the first to go? We are joined by principal employment law editor Stephen Simpson to discuss five scenarios related to Brexit and political opinions at work.
Mar 21, 2019•12 min
With 29 March fast approaching, we talk to Louise Haycock, a director and immigration solicitor at Fragomen, about what employers should be doing to prepare for all Brexit scenarios. Louise discusses the potential implications for employers of the various parliamentary outcomes, including the following: the impact on EU citizens working in the UK and vice versa; managing international assignments and business visitors; carrying out recruitment checks; using the settled status scheme; the status ...
Mar 07, 2019•15 min
The recent decision of Awan v ICTS (UK) Ltd highlights the risk of dismissing an employee who is in receipt of permanent health insurance payments. Laurie Anstis , director with Boyes Turner LLP, explains the implications of the decision and the steps you can take to mitigate against the substantial financial risk of getting it wrong. Presenter Laura Merrylees is joined by Laurie Anstis.
Feb 19, 2019•14 min
Employee wellbeing is high on the HR agenda, given its relationship with improved business performance. We explore XpertHR's latest research based on the experience of over 400 HR practitioners around initiatives in five key areas: health; job-related financial security; working environment; work-based relationships; and job purpose. We look at the top three reasons for organisations running wellbeing initiatives, how you can get it right and the challenges you might expect to meet along the way...
Feb 07, 2019•11 min
The #MeToo movement has become a global phenomenon and is rarely out of the news. But what should employers be doing to combat sexual harassment in the workplace? Kelly Thomson , legal director at law firm RPC and XpertHR contributing author, gives us some top tips on the steps that employers can take to prevent sexual harassment. Kelly also gives her insight into how employers should deal with complaints of sexual harassment in the workplace and the key pitfalls that they should avoid. Presente...
Jan 24, 2019•20 min
Which employment cases will have the biggest impact on HR in 2019? We assess the likely impact on employers of upcoming cases on: the national minimum wage, shared parental leave, holiday pay, restrictive covenants, collective bargaining, covert CCTV, and employment status. The 2019 cases that we discuss pose the following questions: Are sleep-in care workers entitled to the national minimum wage while asleep? Is it sex discrimination for employers to enhance maternity pay but not shared parenta...
Jan 10, 2019•25 min
In this roundtable podcast, members of the XpertHR editorial team reflect on the key employment law developments of 2018 and the impact of these for HR, including: Brexit; the GDPR; the apprenticeship levy; pay reporting; parental bereavement leave; and family-friendly policies. 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. Presenter Laura Merrylees is joined by S...
Dec 13, 2018•30 min
Charlotte Billot-Taylor, Leader - Employee Relations, Policy & Advice at PwC, discusses her organisation's approach to flexible working and transparency around family-friendly policies. She shares the experience of PwC in introducing new initiatives designed around various flexible working patterns, and offers advice for any organisations looking to evaluate or modify flexible working policies or practice for employees. Presenter Noelle Murphy is joined by Charlotte Billot-Taylor.
Nov 29, 2018•12 min
Laurie Anstis, director with Boyes Turner LLP and updating author at XpertHR, focusses on how employers can avoid unfair dismissals when going through a redundancy exercise. Laurie covers when to seek volunteers, how to go about the consultation process, identifying and applying selection criteria, scoring those at risk of redundancy, avoiding redundancy problems and dealing with appeals against dismissal. Presenter Noelle Murphy is joined by Laurie Anstis.
Nov 15, 2018•24 min
Employers have awarded only modest pay rises over recent years, but what do they have in store for 2019? XpertHR managing editor for pay and HR practice Sheila Attwood joins us to discuss what organisations are planning on the pay front in 2019, including the likely level of pay awards and the factors that are putting pressure on organisations to make higher or lower increases. Presenter Laura Merrylees is joined by Sheila Attwood. Edited and produced by Chris Bryant.
Nov 01, 2018•10 min
XpertHR reward consultant Penne Cecil-Hutton joins us to share her insight into the steps employers are taking to address or improve the gender pay gap within their organisations, and the most common queries that employers have with preparing or interpreting gender pay gap figures. We also round up what employers need to do to prepare for the next date of publication of gender pay gap reports in 2019.
Oct 18, 2018•18 min