It is likely that most managers will have to deal with a disciplinary matter at some point in their career. It is important that a fair procedure is followed otherwise they risk any subsequent dismissal being classed as unfair. In our two-part blog series we look at the factors to be considered by employers when dealing with a disciplinary matter. Here we look at how a disciplinary investigation should be conducted.

The first thing employers must do is familiarise themselves with the Acas Code of

The ability to manage cancer in the workplace is becoming increasingly relevant for many employers and employees. More than 100,000 people of working age are diagnosed with cancer each year, in addition to the 700,000 people of working age living with cancer. There are also an estimated 500,000 carers of people with cancer working in the UK. This means that employers should understand their obligations to these employees, helping them through a difficult and stressful time.

People with cancer are protected from discrimination by law.

Another week, another football story which gives rise to some interesting employment law questions, including employee demotion. This time, it involves Jose Mourinho and his public criticism of the Chelsea team doctor and physiotherapist after they ran on to the pitch during stoppage time of a match against Swansea to treat a player. After the criticism by Mourinho, it was widely reported that both employees would have their role substantially changed so that they would no longer be on the bench during matches. This made

Do you have a social media policy for employees? Employee use of social media is on the increase and so too are the number of cases going to employment tribunals on this area! The Employment Appeal Tribunal (EAT) has held in a recent judgement that it was fair for an employer to dismiss an employee that made derogatory comments about his employer on Facebook.

In the recent case of British Waterways Board v Smith, the EAT considered whether it was fair to dismiss an

On the 14^th July, the Government launched a consultation on the implementation of gender pay gap, 'Closing the Gender Pay Gap'. This gender pay gap consultation is important for a number of reasons.

Section 78 of the Equality Act 2010 contains a power for the government to require private and third sector employers with more than 250 employees to publish information relating to the differences in pay between male and female employees.

Guidance on the "Think, Act, Report" framework has also been re-published. This

The Chancellor George Osborne delivered the first Conservative Budget in almost 20 years this week and there were some interesting announcements which will have employment implications.

Here is a summary of the main points:

• A new National Living Wage will be introduced for all workers over the age of 25. This will replace the current National Minimum Wage, and it will be at the rate of £7.20 an hour from April 2016, rising to £9 an hour by 2020. It is estimated that this will

An opinion was given in a case before the European Court of Justice (ECJ) which will interest a number of our clients who have workers who travel regularly as part of their role. The Working Time Directive (the Directive), defines "working time" as any period during which the worker is working, is at the employer's disposal and is carrying out his activity or duties. The Directive defines "rest period" as meaning any period which is not working time. The Directive is implemented in UK law

A question which I am often asked is, "how do we deal with an employee who has raised a counter grievance during disciplinary proceedings?" This is a common occurrence and an issue which many employers are faced with.

Having received notification that they are subject to disciplinary proceedings, many employees react to this news by raising a counter grievance. This grievance could relate to a number of things including the disciplinary process itself or to a completely separate matter. However, unlike grievances which are raised

Her step-daughter Kim Kardashian had hoped to be the one to break the internet but Caitlyn Jenner's well-publicised photo shoot with Vanity Fair magazine, her first magazine shoot as a woman, allowed her to trump her famous offspring for that title. Are there implications of employment issues with gender reassignment?

The great news following this article, was the outpouring of public support for Jenner and her family. We look at the employment law implications for employers of individuals going through gender reassignment, as well as

At the end of May 2015, sections of the Small Business, Enterprise and Employment Act 2015 came into force, including the provision which makes the use of exclusivity clauses in zero hour contracts unenforceable.

A key part of the Conservative's election campaign was a promise to ban clauses in zero hours contracts requiring exclusivity from the worker and they have been quick off the mark in bringing this piece of legislation into force.

A zero hour contract is traditionally used for casual working, it does

A number of our clients either have employees that work alone or are lone workers themselves. Therefore the question of safety regarding lone workers comes up a lot. This blog outlines the main safety tips for lone workers for employers and workers to think about.

Working alone is not in itself against the law and will often be safe to do so. It is important that employers understand what they need to do to comply with their legal duties towards lone workers under the Health

The number of zero hours contracts has increased rapidly in the past few years. Although these types of contracts can bring benefits both to employers and workers, a recent employment tribunal case involved a zero hours contract worker and her fear of reporting allegations of sexual harassment, in case her hours of work were limited. So just what are a zero hours workers legal rights?

The claimant in S v. Britannia Hotels Ltd and another worked in a hotel bar on a zero hours contract.

This blog will briefly look at the obligation on employers in making reasonable workplace adjustments for any employees with a disability.

The definition of disability is found in Section 6 of the Equality Act 2010 and states that a person has a disability if:

1. they have physical or mental impairment; and
2. the impairment has a substantial and long term adverse affect on their ability to carry out normal day to day activities.

The duty to make reasonable adjustments applies in recruitment and during all stages

A recent Northern Ireland Industrial Tribunal (Bickerstaff v Butcher) made a unanimous decision that the claimant was disabled and upheld his claim of harassment. So how does this affect obesity and disability discrimination?

Mr Bickerstaff worked at Randox Laboratories in Co Antrim where he said he was harassed by colleagues, in particular Mr Butcher, because of his weight. Mr Bickerstaff brought an employment claim against Mr Butcher for harassment.

In one instance, Mr Butcher had said that the claimant was 'so fat he

The Department for Work and Pensions has finally publishing guidance for employers about the long awaited Fit for Work service. Here we look at what the service provides and what it will mean for employers and employees.

Presently, more than 130 million days annually are lost to sickness absence at a cost to the economy of around £15 billion. Employers face an annual bill of around £9 billion for loss of production and sick pay costs, and individuals face a loss of earnings of £4

As January is the time for making resolutions and setting goals in our personal lives, it might be an idea to do the same in our professional lives. So many things go to the bottom of a to-do list and can be forgotten easily. So what are your employment and HR New Year resolutions?

We have suggested a few targets which you might wish to set yourself over the coming 12 months:

1. Put in place an effective appraisal system

This is something which can bring

As we approach the end of what has been a very busy year for employment law, it is time to start thinking about what changes are coming in employment law in 2015.

1. As mentioned in our previous blog parents of children born on or after the 5 April 2015 will be able to share their parental leave depending on their own individual requirements. This change will have a potentially huge impact for employers who will have to manage employees? requests and respond to them appropriately.

The list has been made, the shopping has begun and Band Aid has become a familiar song in our lives once more. It can only mean one thing: Christmas is coming! However, all too often the festive season can put many employees and some employers, on Santa's naughty list as a result of their behaviour at office Christmas parties or failure to address Christmas party problems.

Here are some handy hints to think about before heading off to the office party and to let you

New rights for employees who are parents to take shared parental leave (SPL) in the first year of their child's life come in to force on 1 December 2014. The scheme will apply in relation to children whose expected week of childbirth begins on or after the 5 April 2015 or who are placed for adoption on or after 5 April 2015. This blog sets out some information for employers to think about and what steps they should take next.

For births, a mother who

Do you have an employers winter checklist? With the clocks turning back a few weeks ago and the mornings and evenings getting darker, it seems an appropriate time to start thinking about an employer's obligations towards employees during winter.

Many people will remember the extreme weather conditions that the country suffered in the past and it is important that during any period of adverse weather an employer has thought ahead and has an understanding of what is needed in order for the business to continue

Overtime and holiday pay - do you currently consider overtime when processing holiday pay? Earlier this week the Employment Appeal Tribunal handed down the decision in the case of Bear Scotland Ltd v Fulton and found that employees' holiday pay may now need to be calculated to include any overtime.

Before this ruling, voluntary overtime was not typically included when calculating a workers' rate of holiday pay. This judgement has clarified that workers should have voluntary and compulsory overtime taken into account when they are

Managing sickness absence during pregnancy - the recent news stories about the Duchess of Cambridge suffering from severe morning sickness in her second pregnancy have brought to mind the issue for employers and employees of sickness during pregnancy. Although Catherine is unlikely to face any disciplinary issues or be required to attend a back-to-work interview when she is feeling better, many employees are met with such things in the course of their pregnancy. In this blog I will look at some things for employers and

October 2014 brings with it a number of employment law changes for you to be aware of. We look at them in detail here.

1. National Minimum Wage increases

From the 1 October 2014, the national minimum wage increases from £6.31 to £6.50. The youth rate increases from £5.03 to £5.13 per hour. This is in line with the Low Pay Commission?s recommendation to the Government.

2. Equal Pay audits

Where an equal pay claim is submitted, and the employment tribunal finds that there has

Do you know the rights of expectant fathers and partners from 1 October 2014?

An expectant father, or the partner of a pregnant woman, will be entitled to take unpaid time off work to accompany her to a maximum of two of her antenatal appointments.? We take a look at how this change will affect employers and how best to plan for more frequent requests.

The Government is aiming to achieve greater involvement of both of the child's parents in the earlier stages of pregnancy.

Do you know what happens' at an Employment Tribunal?

The Employment Tribunal procedure is designed to deal with claims brought against employers by employees, which have not been resolved by informal discussions or through the mandatory ACAS Early Conciliation procedure. Although Employment Tribunal hearings are not as formal as court hearings, attending an Employment Tribunal can be a daunting experience for claimants, respondents and witnesses. Here we have a look at what to expect on the day.

Who will hear the case?

If the case

The Government made an announcement that they will be clamping down on the use of zero hours contracts and putting an outright ban on the use of exclusivity clauses within these contracts in the Small Businesses Bill which will be pushed through before the general election in 2015.

The term zero hours is not defined in legislation but is generally understood to be an employment contract between an employer and a worker, which means the employer is not obliged to provide the worker with any

Following on from my previous blog on the subject of flexible working requests, changes to request flexible working requests come into place on the 30 June 2014. When they took office, the Coalition Government made it part of their agenda to introduce flexible working for all employees. What are these changes and how might they affect you?

The change to flexible working affects more than working parents and carers alone. The right to flexible working will now apply to all employees with 26 weeks' continuous

The recent European Court Justice (ECJ) decision made a number of employers sit up and take notice due to the way in which the ECJ dealt with the calculation of holiday pay and commission. Are you getting it right?

Employers will know that the Working Time Regulations (WTR) state that all workers receive 5.6 weeks paid annual leave throughout the year. However, it does not specify how statutory holiday pay should be calculated. Theoretically, this is left to national legislation or practice. For each week

Dismissing employees: What can we learn from the very public sacking of Manchester United manager David Moyes? This has made me think about the manner in which many employers dismiss their staff. Although it can often seem like the best for both parties if the employment relationship can come to an end swiftly, it is important that any dismissals of employees are done so in line with correct procedures.

Although such quick and public dismissals are sadly seen as the norm in footballing circles, employers

Although it may not seem like it, with the endless supply of grey skies, but the summer of sport is here! And this summer is shaping up to be an exciting one in terms of sporting events. The Commonwealth Games, Ryder Cup, Wimbledon and the World Cup are taking place, to name but a few, with the former two events happening on home turf! But what could this mean for employers?

Whilst these events are exciting, it is important for employers to think of how

Some recent discussions has brought the matter of flexible working requests to the forefront of my mind, in particular how employers can get this wrong when a request is made.

The key points around flexible working requests are:

• Employees must have 26 weeks continuous employment at the date the application is made.
• Employers have statutory duty to consider applications.
• Once agreed it becomes a permanent change to the contract of employment.
• An employee has the right to appeal if necessary against the outcome.
• An agreement

Are you ready for Acas' mandatory early conciliation service that launches on the 6^th April 2014 and will change the way in which individuals raise an Employment Tribunal claim?

Employees contemplating raising an Employment Tribunal claim, when issues cannot be resolved in the workplace, will be required to contact Acas first and engage in mandatory early conciliation (EC) with Acas and their employer.

Currently when a claim is made to the Employment Tribunal, the secretary of the Tribunal notifies Acas of the claim and

Can an employer reject the decision of an appeal panel? A decision of the Employment Appeal Tribunal (EAT) has confirmed that there will be circumstances where it is fair for an employer to reject the decision of an appeal panel and proceed to dismiss an employee. We take a look at the case and how this may affect employers in a similar situation.

In the case of Kisoka v Ranpinyotip T/A Rydevale Day Nursery, the claimant was suspected of starting a fire in her workplace.

As many people will be aware, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are in place to provide employees with protection when their employment is transferred to another employer. The coalition government recently carried out a consultation regarding alterations to TUPE and various proposals to change the regulations were recommended. On 31 January 2014 these changes will be introduced via the Collective Redundancies and Transfer of Undertaking Regulations 2014, although not all of the changes will take effect on that date. Outlined

With the countdown to Christmas already started, it might be an idea to look at how to avoid the potential employment law issues at Christmas parties. Without wanting to be viewed as the 'Scrooge' of the party season, we think that it is helpful to set out some useful tips before entering into the party season and heading for that next glass of mulled wine.

Employees should continue to be aware that when on a work Christmas lunch or dinner, they are still employed by

Baby it's cold outside! Extreme weather conditions such as those experienced a few years ago, can wreak havoc across the country meaning some workplaces come to a standstill and this can have an adverse effect on both employers and employees. As we creep into winter here are some things to think about.

It is important as an employer that, during any period of adverse weather, you are in control and have an understanding of what you need for your business to continue as normal. It

Are you up to date with the changes in TUPE regulations? In November 2011, the Department for Business, Skills and Innovation (BIS) published a call for evidence, seeking views on the effectiveness of the current TUPE regulations. This was on the basis that it was thought that the regulations 'gold-plated' the EU Directive.

Following this call for evidence, the Government announced how the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 will change. After deciding not to go ahead with two significant changes it

Do you know your rights regarding maternity rights and holidays? I am regularly asked this question by both employees and employers.

Legislation states that all contractual terms (except pay) survive during both ordinary maternity leave (OML) and additional maternity leave (AML). Women are therefore entitled to accrue statutory and contractual leave while on maternity leave.

If they can't take all the leave they're entitled to during a particular year, they can carry it over to the following year. Many employers allow employees to add all

Large employers such as Sports Direct, McDonalds and even Buckingham Palace have recently been 'exposed' as using zero hours contracts. So what are zero hours contracts?

What are zero hours contracts?

Zero hours contracts are generally contracts of employment between employer and worker with no minimum hours for the worker, and no obligation on the employer to provide any hours. It also means, in theory, that the worker is not obliged to accept the hours which are offered to them.

Workers are entitled to be

29 July 2013 marks a dramatic change to employment tribunals (ET) as we have known them, with the introduction of employment tribunal fees. Under these new rules, claimants will be required to pay an upfront fee when submitting their claim to the ET and a further 'hearing fee' 21 days before their hearing takes place.

From 29 July, claimants wishing to submit a claim to the ET will be required to pay £160 or £250 to lodge a claim with a further charge of either

Individuals in employment are protected against discrimination based on age under the Equality Act 2010. This includes harassment and victimisation and age discrimination can apply to youngsters too.

Age harassment occurs when there is unwanted conduct related to age and this conduct has the purpose, or effect, of violating the dignity of the employee, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

In the case of ?Roberts v Cash Zone (Camberley) Ltd and Another an employment tribunal found that a

Most of us have days at work where we feel under pressure because of deadlines. However there are many people whose work and personal lives are adversely affected by the stress in the workplace. Further to a recent blog on workplace stress audits, we take a brief look at the legal implications for employers in relation stress in the workplace.

Under health and safety law employers must assess and take measures to control risks from work-related stress. There is also a common law duty to

There are at least 3 reasons why we need to take the issue of stress at work seriously and show the importance of a stress audit:

1. The Business Reason:

The 2012 CIPD Absence Management Survey identified stress as the top cause for long term absence in manual and non-manual workers. As absence is estimated to cost employers in the region of £600 per employee per year, this shows how stress actually costs money. Stress also can affect the productivity of staff who remain, so

Constructive dismissal has become 'sexy' following the highly publicised tribunal decision in the case of Stella English v Amshold Group Limited. Miss English (2010 winner of The Apprentice), brought a claim of constructive dismissal claim against her employer, Lord Sugar's company, stating that she had no choice but to resign as she had no real role at the company.

Following the unanimous dismissal of Miss English's claim, Lord Sugar praised the tribunal and saw it as a victory against the so-called 'claims culture'.

So

With the announcement that football management royalty, Sir Alex Ferguson, will be hanging up his gaffer's hat and settling down to a life of retired bliss, my thoughts turned to the employment aspects of retirement and how an organisation can support an employee during this period.

Unless it can be objectively justified by your organisation, it is no longer permissible to dismiss someone on the grounds of retirement. Like Sir Alex, older workers can voluntarily retire at a time they choose and draw any occupational

Following three re-drafts by the Government, a consensus was finally reached on employee shareholder legislation. In April 2013, the House of Lords and the Government agreed on wording of the Growth and Infrastructure Bill which introduced a new employment status employee shareholder.

First proposed by the Chancellor George Osborne at the Conservative Party Conference last October, the original proposals saw a new employment status of employee shareholder that would see employees who were employed under this contract between £2,000 and £50,000 worth of shares, in

Should employers have a social media policy? The potential employment risks around social media was highlighted this month after the resignation of the first Youth Police and Crime Commissioner, Paris Brown, following racist tweets on her Twitter account. Although the tweets were sent before she applied for and accepted the job, they were there to be scrutinised by her future employers and the media.

It is taken for granted that everyone now has some sort of online presence  be it for business, pleasure or both.

We are often asked by employers to advise on disability discrimination.

Equality Act 2010 states 'a person has a disability if he has a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to day activities'. Long term means the impairment has lasted, or is likely to last:

• at least 12 months
• or for the rest of a person's life
• or, if it is in remission, is likely to recur

The guidance

The case of Christou(C) and Ward(W) v Haringey Council focused on internal disciplinary procedures and involved an appeal to the Court of Appeal by two social workers. They were found to be at fault in the handling of the Baby P case.

C was a team leader responsible for a number of social workers, including W. W had specific responsibility for Baby P who was on the child protection register. They had been disciplined under the Council's simplified internal disciplinary procedures and given a written

In February 2013, the Children and Families Bill was introduced in the House of Commons. It implements, among other things, the family-friendly proposals contained in the government's Consultation on Modern Workplaces. The Bill will introduce a shared parental leave scheme.

Under this system, an eligible mother will continue to receive 52 weeks' maternity leave as a day one employment right. Following the completion of the two weeks of compulsory maternity leave post birth, the mother can choose to end her leave early and share the