Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Employment case law update May 2020
A number of key employment law cases of significance for employers have recently been decided. Pregnancy discrimination Camara v East London NHS Foundation Trust A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. The claimant (Camara) had worked as an […]
How to unfurlough staff
If you are currently receiving financial assistance for furloughed workers through the Coronavirus Job Retention Scheme (CJRS), you may be looking at how to unfurlough staff in preparation for the return to work, and ahead of the scheme’s closure in October 2020. The process of bringing workers back from furlough carries both legal and HR […]
Fit note guidance for employers
The following fit note guidance will help you as an employer to understand the rules relating to fit notes, and how you can use the information from a fit note to most effectively help your business and your employees when absent from work through illness. As an employer or line manager, the fit note can […]
Custom and practice in employment contracts
The relationship between an employer and their employees is typically considered to be set out in the employment contract between the employer and each employee. However, while a vital component of the employment relationship, the individual employment contract is not the only source of the parties’ rights and duties. Implied terms, including those arising as […]
Notice pay for furloughed workers?
If employees have agreed to accept 80% of their salary while on furlough, is their notice pay also paid at 80%, or does it revert to 100% under the usual employment law rules? As a result of the COVID-19 pandemic and the ability to furlough workers under the Coronavirus Job Retention Scheme, various legal issues […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]
6 horrible hiring mistakes & how to avoid them!
Hiring mistakes can be extremely costly for organisations of all sizes. Recruiting new staff comes at a considerable cost in terms of both time and money, with some studies suggesting bad hiring decisions can cost an organisation between 20 and 30 percent of an employee’s annual salary. An awareness of common pitfalls will help you […]
Holiday pay on termination of employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on termination […]
Suitable alternative employment: HR help!
One aspect of the redundancy process that employers can find challenging in practice is the requirement to offer suitable alternative employment to employees at risk of being made redundant. An employer undergoing a redundancy exercise must offer suitable alternative employment to any employees who are at risk of redundancy if such a position is available […]
