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...

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...

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...

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...

In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024. In this episode of the podcast we cover: The definition of irregular hour worker The definition of part year worker How statutory holiday entitlement is accrued for irregular hour and part year workers How you can deal with carry over of leave How to calculate holiday pay Rolled up holiday pay is now permitted for...

In this episode 221 of the podcast I bring you my thoughts and reflections on the case of Bates v The Post Office and whilst not directly related to employment law there are lots of lessons that all employers and HR can take from the events that took place. In this episode of the podcast we cover: Why employers and HR need to take internal investigations seriously. The key things that investigators get wrong in disciplinary and grievance investigations. The civil test of ‘balance of...

In this episode 220 of the podcast I bring you an interview with Fay Wallis who is a specialist career coach who helps HR and People Professionals.   In this episode of the podcast we cover: What the key issues are for HR and people professionals. Tips on how to address the key issues. Time Management tools techniques and resources for HR professionals. Being pulled in different directions and how to manage this. How to deal with confidence issues and manage imposter syndrome. How to...

In this episode 219 of the podcast I bring you an interview with Michelle Gyimah who is a specialist pay gap strategist. Michelle is an expert in assisting businesses and organisations to close their pay gap. In this episode of the podcast we cover: Why the gender pay gap is an important consideration for employers. Why the gender pay gap still arises. The benefits to employers of addressing the pay gap in their business or organisation. What businesses and organisations should be...

Prevention of Sexual Harassment obligations for employers are changing in 2024 In this episode 218 of the podcast I bring you an update on the new sexual harassment laws in 2024, including all the information employers need to consider. In this episode of the podcast we cover: What is the current law about workplace sexual harassment. What the Equality Act 2010 states about sexual harassment. Why there has been a change in the law. Some examples of conduct of a sexual nature that would...

How employers can assist employees with sight or hearing loss to succeed In this episode 217 of the podcast I bring you an interview with Dan Williams who is the founder of Visualise Training and Consultancy an organisation which promotes and enables inclusion, accessibility and equality for people living with visual impairment, hearing loss and other forms of disability. Dan is an expert in assisting businesses and organisations to be more accessible. In this episode of the podcast we...

This case illustrates when an employee can qualify for protection from discrimination due to menopause symptoms In this episode 216 of the podcast I bring you a summary of a case that was decided by the Employment Tribunal in regards to the issue of whether an employee was treated less favourably due to menopause symptoms and whether her employer was under an obligation to make a reasonable adjustments. The case is Mrs M Lynskey v Direct Line Insurance Services Ltd. In this episode of the...

In this episode 215 of the podcast I bring you an interview with Jan Brookes who is the CEO of a local Isle of Wight Charity, Isle Access. Jan is an expert in assisting businesses and organisations to be more accessible. In this episode of the podcast we cover: The number one thing that all employers can do, with no expense, to assist their staff with long term health conditions. Ways in which employers can make reasonable adjustments. Why it is important to give meaningful consideration...

In this episode 214 of the podcast I bring you a summary of a case that was decided by the Employment Appeal Tribunal in regards to the issue of whether an employer was under an obligation to make a reasonable adjustment to their recruitment process for an applicant with regards to his dyspraxia. The case is AECOM Ltd v Mr C Mallon. In this episode of the podcast we cover: Why businesses need to ensure that they are open to reasonable adjustments in the recruitment process. The facts of...

This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting work In this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP. In this episode of the podcast we cover: Why businesses need to ensure that agreed terms are set out in writing at the outset. How the...

Workplace mediation is a critical tool for resolving disputes in the future of work In this episode 212 of the podcast I bring you an interview and discussion with my colleague Jo Carley, who is an experienced workplace mediator and strong advocate for alternative dispute resolution in workplace disputes. In this episode of the podcast we cover: What is workplace mediation. When workplace mediation is appropriate. When employers should be considering workplace mediation. Why it should be...

In this episode 211 of the podcast I bring you a run down from a case decided by the Employment Appeal Tribunal where the issue of making a change to employee contract terms was considered in the context of the employee’s eligibility for an enhanced redundancy payment. The case we are covering is Jackson v The University Hospitals of North Midlands NHS Trust [2023]. In this episode of the podcast we cover: The options available to employees if they disagree with a change to contract...

What should employers consider when employing care leavers or care experienced people In this episode 210 of the podcast I am joined by Ali Steele from Wight Oak Youth Services to discuss the importance for employers to think purposefully about employing care leavers and to consider the individual requirements of those who are care experienced. In this episode of the podcast we cover: Why it is important to consider care experienced employees. What steps you can take to show support for...

Procedure and Tips for employers about disciplinary investigations In this episode 209 of the podcast I will explain why getting the disciplinary investigation process right is critical to successfully defending a claim for unfair dismissal and the steps that you need to take. In this episode of the podcast I cover: Why assigning the right person to investigate is crucial. The steps that you need to take to set the scope of the investigation. When you should notify the ‘accused’ of the...

In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take. In this episode of the podcast I cover: What is gross misconduct? The legal test for determining a fair dismissal for gross misconduct The difference between misconduct and gross misconduct Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or...

The reasons cases arise and steps you can take to prevent them In this episode 207 of the podcast I bring you the most common reasons for Employment Tribunal claims to arise in our experience and ways you can reduce the risk of a claim arising. In this episode of the podcast I cover: The most common type of legal claim in our experience at this time. The reasons why claims arise. The fact that untrained managers and/or decision makers create the highest risk. How following a simple process...

In this episode 206 of the podcast I bring you a run down of the proposed changes to employment law announced by the government on the 10th May 2023. The gift that keeps giving….covid and furlough employment cases. In this episode of the podcast I cover: The change announced in regard to the sunset bill. The fact that EU laws will be retained unless specifically revoked (for the time being at least). Some welcome changes to working time rules. Changes to holiday pay and calculations....

In this episode 205 of the podcast I bring you my thoughts and guidance on the appraisal process and how to ensure that you are getting it right. In this episode of the podcast I cover: Why employers undertake appraisals. Why employers think they should undertake appraisals. Why I hate the scoring system in an appraisal process. The things that can go wrong. How to prepare for a good appraisal process. The process to follow. How to deal with issues that may arise in the meeting. Why follow...

Disability discrimination for something arising from the disability In this episode 204 of the podcast I bring you details of a case recently decided by the Employment Appeal Tribunal which deals with the issue of behaviour arising from disability. In the case of McQueen v General Optical Council the Tribunal and Employment Appeal Tribunal considered the reasons for the employers actions. In this episode of the podcast I cover: Section 15 of the Equality Act 2010. The legal test for...

In this episode 202 of the podcast I bring you an update on the latest news about holiday pay and holiday entitlement following the Supreme Court Case of Harpur Trust v Brazel. In this episode of the podcast I cover: Basics of holiday entitlement. The foundations of holiday entitlement in law. How to calculate holiday pay for employees and workers with regular hours and pay. How to calculate holiday pay for employees and workers whose hours vary. What to include in the calculation of the...