XpertHR Weekly

Podcast: Age discrimination

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 13 Jun 2013 13:12:30 GMT

On this week's XpertHR Weekly, we discuss an age discrimination case brought by a young worker. In Roberts v Cash Zone (Camberley) Ltd and another ET/2701804/2012, the employment tribunal was required to determine, among other things, whether or not a manager's use of the words "teenager" and "kid" to describe the claimant amounted to harassment because of her age.

Podcast: Dealing with a reference request

editorial@xperthr.co.uk (XpertHR.co.uk) — Fri, 07 Jun 2013 07:29:25 GMT

On this week's XpertHR Weekly, we discuss how to deal with reference requests, including: employers' obligations to the recipient of the reference and the person who is the subject of the reference; how to comply with the duty to provide true, accurate and fair information; how to deal with negative information such as disciplinary issues; why employers should consider implementing a policy on references; and what such a policy should include.

Podcast: Information and consultation obligations under TUPE

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 30 May 2013 12:55:32 GMT

On this week's XpertHR Weekly, we discuss employers' information and consultation obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246). We also discuss the Employment Appeal Tribunal (EAT) decision in Shields Automotive Ltd v Langdon and another EAT/0059/12, in which the EAT provided guidance on how employment tribunals should assess protective awards where employers breach such obligations.

Podcast: Dishonest CVs

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 23 May 2013 11:23:04 GMT

On this week's XpertHR Weekly, we discuss Kpakio v Virgin Atlantic Airways Ltd ET/1604280/2012, a race discrimination case in which a job applicant engineered an employment tribunal claim by submitting two applications, which stated different nationalities, for a job with Virgin Atlantic. We also discuss Otigba v Consensa Care Ltd ET/3201028/2012, in which the employee lied about her age on her CV.

Podcast: Managing bank holidays; and compressed hours

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 16 May 2013 15:03:59 GMT

On this week's XpertHR Weekly, we discuss how to manage bank holidays and the entitlement of part-time employees; employees on maternity leave; and employees on long-term sick leave. We also discuss how employers should deal with a request for compressed hours (including their obligations around considering a flexible working request) and the issues around implementing a compressed hours request.

Podcast: Compensation in discrimination cases; and pay setting

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 09 May 2013 15:03:45 GMT

On this week's XpertHR Weekly, we discuss how compensation is calculated in discrimination cases and the Employment Appeal Tribunal decision in HM Land Registry v McGlue EAT/0435/11, in which it provided guidance on remedies in discrimination claims, including injury to feelings awards and aggravated damages. We also discuss the importance of setting pay at the correct level and what role salary surveys can play in the pay-setting process.

Podcast: Managing hours of work

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 02 May 2013 11:27:07 GMT

On this week's XpertHR Weekly, we provide guidance on: the limits on weekly working hours; how to calculate a worker's average working hours; the process for opting out of the 48-hour week; what a manager should discuss with a worker when requesting that he or she opts out of the 48-hour week; and the law on overtime including when a worker is entitled to receive overtime pay or time off in lieu.

Podcast: Illegality-related dismissals

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 25 Apr 2013 13:19:52 GMT

On this week's XpertHR Weekly, we discuss illegality-related dismissals. We discuss Winful v Whitbread Group plc ET/1200367/2011, in which the employer dismissed a foreign worker who lost her right to work in the UK and Cook v Wilson James Ltd ET/2204972/2011, in which the employer dismissed a security supervisor who did not have the required security licence.

Podcast: Bullying good practice

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 18 Apr 2013 15:03:38 GMT

On this week's XpertHR Weekly, we discuss bullying in the workplace, focusing on the different types of bullying and the practical steps that employers can take to create an anti-bullying culture. These steps include: obtaining insight into an organisation's culture; ensuring good value-based leadership; having an effective bullying policy that is communicated and promoted effectively; giving line managers relevant training; and appointing anti-bullying champions.

Podcast: Obesity and disability discrimination

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 11 Apr 2013 14:09:25 GMT

On this week's XpertHR Weekly, we discuss the Employment Appeal Tribunal (EAT) decision in Walker v Sita Information Networking Computing Ltd EAT/0097/12. In Walker, the EAT considered whether or not an obese employee, who suffered from multiple symptoms that could not be attributed to a recognisable physical or mental cause but were regarded as being compounded by the employee's obesity, was disabled for the purposes of disability discrimination legislation.

Podcast: 6 April legal changes; and TUPE

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 04 Apr 2013 13:10:15 GMT

On this week's XpertHR Weekly, we discuss changes to the collective redundancy consultation rules, which come into force on 6 April 2013. We also discuss two employment tribunal decisions in which employees pursued claims under reg.4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), claiming that they had suffered a substantial change in their working conditions to their material detriment following a TUPE transfer.

Budget 2013; and pay settlements

editorial@xperthr.co.uk (XpertHR.co.uk) — Wed, 27 Mar 2013 15:59:01 GMT

On this week's XpertHR Weekly, we discuss the implications for reward practitioners of the announcements made in Budget 2013, including the new tax-free childcare scheme that will be available from autumn 2015. We also look at the key considerations for pay professionals when conducting pay reviews, including how to use inflation statistics in pay setting.

Podcast: Social media related dismissals

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 21 Mar 2013 13:32:11 GMT

On this week's XpertHR Weekly, we discuss the employment tribunal decision in Trasler v B&Q Ltd ET/1200504/2012, in which the employee was unfairly dismissed for making derogatory comments on Facebook about his workplace, and the decision in Weeks v Everything Everywhere Ltd ET/2503016/2012 in which the employee was fairly dismissed after making threats on Facebook to a colleague and frequent references to his workplace as "Dante's Inferno".

Podcast: Warnings and misconduct dismissals

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 14 Mar 2013 14:25:58 GMT

On this week's XpertHR Weekly, we discuss disciplinary warnings and the decision in Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135 CA, in which the Court of Appeal reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate.

Podcast: Social media and recruitment; and parental leave

editorial@xperthr.co.uk (XpertHR.co.uk) — Thu, 07 Mar 2013 13:45:32 GMT

On this week's XpertHR Weekly, we discuss the results of the XpertHR survey on using social media in recruitment, including: how employers are incoporating social media into their recruitment strategies; the most popular social media platforms among employers; and the legal pitfalls connected to the use of social media in recruitment including in relation to its use to conduct searches on potential candidates. We also discuss the changes to parental leave that came into effect on 8 March 2013.