This is a quick summer message as I am taking a short break from the podcast for some rest and family time. The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer. Thanks for listening. Alison
In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal. In this episode I cover: What Constructive Unfair Dismissal is? How the law came about Why we have the legal right to claim constructive unfair dismissal How constructive unfair dismissal differs from unfair dismissal The leading case and judgement from Western Excavating v Sharp An employee can claim an employer has breached both express and implied terms The implied term of trust and co...
In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction. In this episode I cover: What a warning is. Why some managers use warnings inappropriately. When a warning should be used. The procedure for issuing a warning. Why it is important to follow the correct procedure when issuing a warning. How long warnings should last for. What you should consider if you want to give an indefinite warning. When you can take in...
In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees. In this episode I cover: My own and my colleagues first hand experience of the delays in the employment tribunal. A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are ...
In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay. We cover the key points employers, employees and HR professionals need to know, including: Why it is important to calculate leave entitlement and pay separately. How to calculate annual leave entitlement for a regular employee with guaranteed or set hours. How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker. What you...
In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth. We cover the key points employers, employees and HR professionals need to know, including: What neonatal care leave is and who will be eligible How the statutory leave and pay will work in practice The qualifying conditions for employees The likely impact on employers and pay requirements Practical step...
In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE. This is episode 5 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover the following questions Can you change employee terms so that they are the same as your existing employees? When can you make changes to employee contracts? Can you make changes to terms if...
The Employers obligation to provide information to employees In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer. This is episode 4 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The requirement to provide empl...
In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment. This is episode 3 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The additional protection from unfair dismissal as a result of a transfer. When the automatic unfair dismissal right applies. The required length of service to bring a claim for ...
In this episode 243 of the podcast I bring you a run down of the key employee rights under TUPE when there is a transfer of their employment. This is episode 2 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The automatic transfer of employment principle. How to determine which employees fall into the organised grouping that transfer. Employee right to object to the transfer. What happens when an employee objects to the transfer. Wh...
In this episode 242 of the podcast I bring you an introduction to the law on the transfer of undertakings (protection of employment) regulations, also known as TUPE. This is episode 1 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: What TUPE is. The background to the legislation. The purpose and effect of TUPE regulations. When TUPE will apply. What a Business Transfer is and how to identify if TUPE applies. What a Service Provision...
Dealing with toxic or negative employees can be time consuming and tricky. In this episode 241 of the podcast I discuss what it is like to have toxic or negative employees on your team. Those employees who bring everyone down, and in some cases relish making life difficult for their manager, supervisor or employer, are very tricky to deal with and require really strong management and proactive management even when it is difficult. In this episode of the podcast we cover: How to identify those to...
In this episode 240 of the podcast I bring you a rundown of when you may be able to recover your costs if you are successful in making a claim or defending a claim in the Employment Tribunal. In this episode of the podcast we cover: What you need to know to avoid having a costs order made against you. When you may be at risk of having to pay the other party’s costs. When a costs award may be made What the Employment Tribunal will consider when they are deciding whether to make a costs award. If ...
In this episode 239 of the podcast I bring you a reminder of the without prejudice rules and section 111A protected discussions and the importance of following a process when you are making an offer to an employee. Equally if you are an employee engaged in discussions why your behaviour can also come under scrutiny. The case we are covering is Gallagher v McKinnon’s Auto and Tyres . In this episode of the podcast we cover: What the common law ‘without prejudice’ rules are and when they apply. Wh...
In this episode 238 of the podcast I bring you a rundown of the key employment law changes from 2024 as well as a look ahead to what is to come in 2025. It is important that all employers are aware of the changes and take steps to ensure compliance now. In this episode of the podcast we cover: Holiday entitlement calculations for irregular hours, zero hours and part-year workers. Holiday pay changes. Expansion of flexible working rights. Introduction of carer’s leave. Paternity leave changes. Ch...
In this episode 237 of the podcast I bring you an interview with Steve Phillip founder of The Jordan Legacy an organisation founded following his life-changing experience after the death of his son Jordan. In this episode of the podcast we cover: What employers need to be aware of with regards to suicide. Tips on how to manage conversations about suicide. Why every employer has a role to play in preventing suicide. Resources that all employers can access. Managing employee wellbeing and mental h...
In this episode 236 of the podcast I bring you my tips and ideas on how to have effective one to one and supervision meetings with staff. One of the things that many managers struggle with when managing people is maintaining regular meaningful communications with staff. In this episode of the podcast I cover: What is a one to one and supervision meeting. What is the difference between a one to one and a supervision meeting. Why it is important to incorporate in your management of staff. Why it d...
In this episode 235 of the podcast I bring you all the detail about a recent case decided by the Employment Appeal Tribunal, Hunter V Carnival plc in which the Appeal Tribunal considered the protection provided by regulation 10 of the Maternity and Parental Leave Regulations 1999. In this episode we cover: The protection provided to women on maternity leave by regulation 10 of the Maternity and Parental Leave Regulations 1999. The analysis of a suitable alternative vacancy in the context of mate...
On the 10th October 2024 the biggest reform of employment law for many years was published in the form of the Employment Rights Bill. In this episode 234 of the podcast I bring you all the detail about the changes to employment law. In this episode we cover: Sexual Harassment ‘all’ steps prevention Employees who make a sexual harassment disclosure will become a ‘protected disclosure’ for whistleblowing protection Employers will be liable to third party harassment Removal of the unfair dismissal ...
From the 26th October 2024 a new proactive duty to prevent sexual harassment comes into force and will apply to all employers regardless of size. In this episode 233 of the podcast I bring you all the detail about the change in the law as well as my advice and recommendations on what employers should be doing to ensure compliance. In this episode we cover: What the new legal obligation means. The consequences of not complying with the new obligation. The steps that employers should take to ensur...
We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer. Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers. In this episode 232 of the podcast I bring you a run down of the key ...
In this episode 231 of the podcast I bring you an interview with Alice Derbyshire who is a specialist coach and speaker and who works with parents and employers on making the transition back to work as easy as possible. In this episode of the podcast we cover: What the key issues are for HR and managers to consider. Tips on how to reintegrate new parents back to the workplace. Why communication is key to a successful return to work. Why both employee and employer have a role to play in making it...
We are often called upon by employers and managers to advise on situations where issues with performance arise with employees, and the manager/employer has reached the end of their patience with the individual. We are also regularly asked by employers about how to manage employees who do not do what is required or are not up to standards. Whilst we can advise and resolve issues using a formal performance management process it is much better to head off the issues at an early stage and avoid the ...
In recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment. In this episode 229 of the podcast I bring you a run down of the employment rights that apply to directors who are employees of the business. I also cover my tips on avoiding disputes and how to resolve them quick...
Episode 6: Listener questions answered about disciplinary issues & unfair dismissal In this weeks’ episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In th...
In this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 227 I will cover: What the remedies are for unfair dismissal. What the difference is b...
In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are...
In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reason...
In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 224 I will cover: What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swea...
This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I w...
