Dismissing an employee fairly
Dismissing an employee is sometimes unavoidable, either because an individual is behaving badly or underperforming at work, or the business simply cannot afford to maintain its current levels of staff. As an employer, even where you have a clear and legitimate reason for letting someone go, it remains important that you approach any dismissal in […]
Employment case law update August 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal Phoenix Academy Trust v Kilroy The claimant was a teacher who was dismissed from his role following disciplinary proceedings. The claimant appealed the disciplinary decision. The decision was subsequently overturned and he was reinstated, subject to a final […]
Employing an apprentice: how-to guide
If your organisation is looking to employ an apprentice, there will be a lot to consider in relation to the type of individual you can recruit, the role they can take on, the rules on pay and other benefits, as well as making the most of the financial incentives available to employers. The Government most […]
Dismissing an employee with less than 2 years’ service
When dismissing an employee with less than 2 years service, it will be important for employers to be aware of the potential legal pitfalls. While in most cases of employment under 2 years, the employer does not necessarily need to justify their decision to dismiss, or even follow a fair procedure, there are many reasons […]
ACAS Code of Practice: quick reference guide
The ACAS codes of practice are advisory documents created by the Advisory, Conciliation and Arbitration Service (ACAS) and approved by parliament. Each ACAS code of practice sets out fair behaviour guidelines for employers and employees in five key areas of employment practice, as summarised in this guide. Employment law issues arise in all workplace environments. […]
Unfair dismissal & zero hours contracts
While zero-hours arrangements can bring flexibility and agility to an organisation, employers should be aware that those individuals engaged on zero-hours contracts do benefit from a range of employment law protections. These include rights and entitlements relating to pay, paid annual leave and rest breaks. Furthermore, individuals on zero hours contracts may also have the […]
Direct discrimination at work: HR guide
The COVID-19 ‘new normal’ working environment is one in which employers must take every possible step to safeguard the wellbeing of their staff, or risk being in breach of their statutory duty to protect the health, safety and welfare of their workforce. In taking action to meet your health and safety duties, employers should also […]
Shortlisting process: guide for HR
Shortlisting is a crucial stage within the recruitment process in which employers are required to identify the candidates from their applicant pool who best meet the essential and desirable criteria for the job opening in question. Rising unemployment levels are putting greater pressure on the recruitment, selection and shortlisting process. Employers are now handling increasing […]
Employment case law update July 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal Evans v London Borough of Brent The Employment Appeal Tribunal held that, where no compensation will be awarded but where there is a reasonable prospect of success, an unfair dismissal claim should not be struck out. The EAT […]
Redundancy when pregnant: fair dismissal?
According to studies conducted by the Equality and Human Rights Commission, and the Department for Business, Energy and Industrial Strategy, it is estimated that over 50,000 women could be losing their jobs each year because of pregnancy or maternity – and this was prior to the pandemic. With reports that the number of women seeking […]