Wrongful Dismissal explained

Many of my clients have been unsure of the difference between unfair and wrongful dismissal.  They are in fact two entirely different concepts.  Wrongful dismissal is ‘in breach of contract’ and quite importantly there is no length of service requirement for a breach of contract claim to be submitted. If you would like to read more here is a brief guide I prepared for my clients: What is Wrongful dismissal? … Read More

Dramatic changes to health and safety & corporate manslaughter enforcement

New Sentencing Council’s definitive guidelines now published   What are the New Sentencing Council’s guidelines? At HR Support for Business I endeavour to give my clients the information of forthcoming legislation so they have time to make a plan to protect their businesses and ensure their legal compliance.   Here is an overview of  the key points I feel my clients should  be aware of with regards to the Sentencing Council’s New Guidelines.  Of course if I can help in any way please just contact me.  Published on 3 November 2015 this new sentencing guide covers health and safety, corporate manslaughter and also food safety and hygiene offences.  It … Read More

Free employers’ guide on the 2015 UK Driving licence change

The 2015 Driving Licence change   You may or may not have heard that since 8 June 2015 the paper counterpart to the photo-card is no longer valid – and will no longer be issued, or updated by the DVLA (excluding licences issued by the DVA Northern Ireland). So how do you as an employer now check your drivers’ details?  This free Employers Essential Guide will help you to easily do this. Now before anyone who only has a paper copy of their licence (like me) panics your paper driving licence is still legal (if issued prior to the photo-card … Read More

The new Shared Parental Leave – top 10 questions answered

Are you prepared for the NEW legal right to Statutory Shared Parental leave and pay? Shared parental leave and pay 2015 – Overview This new legislation was enabled by The Children and Families Act 2014 back in March 2014 and brings with it a significant change to how parents care for their child in its first year. Known as Statutory Shared Parental Leave and Pay (SSPL&P) it came into force on 1st December 2014 and is relevant to babies born or adopted post 5th April 2015. So employers can expect queries and requests for this leave from this month (January … Read More

Discrimination update – caste is now an aspect of race

Discrimination update   It has been recently announced that the Equality Act is to be amended so caste will now be an aspect of race therefore protected under current discrimination laws. The resulted from the outcome of the case Chandhok v Tirkey.  On appeal EAT had to decide whether the existing scope of the statutory definition of race covered caste discrimination. The outcome was that EAT found ‘ethnic origins’ posed wide questions in relation to descent and less favourable treatment due to ethnic origins so.  It was there decision that caste could amount to race discrimination. The Equality Act will be amended.  … Read More

e- Cigarettes – law update

E-cigarettes Is it me, or do we suddenly seem to have been taken over by people using, or stalls selling, e-cigarettes? Whatever your personal view on e-cigarettes there has now been a first tribunal case dealing with e-cigarettes at work. The case was Insley v Accent Catering. Basically a school catering assistant resigned, prior to a disciplinary hearing, for bringing the company into disrepute by smoking an e-cigarette on school premises in front of students. They resigned and placed a claim at a tribunal for constructive dismissal – which was lost. This in itself is not of great interest, but … Read More

Social Media – ‘To Tweet or not to tweet’?

Social Media – ‘To tweet or not to tweet’? That is the question. Or rather the ongoing question of exactly how much control do you, as an employer, have over an employees’ ever rising social media activity.   A recent case shed a little more light on this subject.  An employee in the UK was dismissed after posting offensive and derogatory tweets on their private Twitter account.  It is important to note that this was outside of work time and not work related. Mr Law worked for Game Retail Ltd. And another vitally important factor in this case was he did … Read More

Zero hour contracts

What to watch out for in 2015 – Zero Hour Contracts So much has been discussed about Zero Hour contracts (ZHC) (see our previous newsletters). Some arguing it is a flexible way of working for all, some an exploitation tool used by employers. Whatever your personal view, in response, the Small Business Enterprise and Employment Bill 2014-15 is due to come into force sometime during 2015. A key aim is to make exclusivity clauses in ZHC unenforceable.  But until it is published there may be other changes.  One thing for certain is that most feel there will be changes. Whatever … Read More

The Health and Safety Executive (HSE) recently published figures – a brief overview

The Health and Safety Executive (HSE) recently published figures – a brief overview I thought it may be interesting for others to have an overview of the recent proceedings, prosecutions and enforcement rates across the UK for 2013-14 There were 674 cases prosecuted for health and safety breaches.  636 of these resulted in a successful conviction with a combined fines total of £18 million.   Across England and Wales alone the HSE prosecuted 551 cases with 517 (94%) conviction success rate. Looking at Enforcement notices (Improvement, Deferred Prohibition and Immediate Prohibition Notices) these have been on the increase in 2013/14 compared with … Read More