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10 top tips for handling underperforming employees
Employers need their employees to perform effectively and productively in their roles. A functioning workforce is key to business success. What should you do if you have an employee who is underperforming? Here are our top tips: Make sure the employee knows what is...
Victimisation claims cannot succeed if the underlying allegation of discrimination is false and made in bad faith
In the recent case of Toure v Ken Wilkins Print, the Claimant was employed as a forklift truck driver. He raised a grievance alleging that he had been subjected to a racial slur by a colleague. His grievance was not upheld. He appealed against this finding but offered...
The importance of considering the surrounding circumstances before creating a pool of one in redundancy situations
A redundancy situation can occur where there is a reduced requirement for employees to carry-out work of a particular kind. Where there are a group of employees carrying out the work in question then the group would usually be pooled together by the employer with a...
New Paternity Leave Regulations published
After announcing proposals to make changes to paternity leave rights in summer 2023, the government have now published draft legislation in the form of the Paternity Leave (Amendment) Regulations 2024. The Regulations make the following changes: Employees will be able...
The importance of being sensitive when employees return to work following sickness
A recent Employment Tribunal case illustrates the dangers employers face if they don’t act sensitively when employees return to work following illness. In Thomas v T&R Direct Insurance, the Claimant had worked for the Respondent for several years. She took a...
Generation Z: the pariahs of the job market
The website resumebuilder surveyed 1,344 managers and found that 3 in 10 hiring managers say they avoid hiring Generation Z candidates. Generation Z refers to those born between 1997 and 2012. Hiring managers say Generation Zers ask for too much money (42%), lack...
How does a tribunal decide whether a person’s view on something amounts to a ‘belief’ which is protected from discrimination?
Religion or belief is one of nine protected characteristics covered by the Equality Act 2010. This means that those who hold a protected religion or belief have a right not to be discriminated against, suffer harassment or be victimised on grounds of that religion or...
5 facts about fit notes
Fit notes are the written notification of fitness to work which must be provided by an employee when they are absent from work due to sickness. Here are 5 things you should know about fit notes: By law, a fit note must be presented to the employer for absences...
Flexible Working to become a Day 1 right from April 2024
Employees currently have the right to make a formal flexible working request, only once they have completed 26 weeks’ service with their employer. As far back as 2022, the government indicated their intention to change this rule to make the right to request flexible...
New holiday pay rules: carry-over
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 have been published by the government and are due to come into force on 1 January 2024. One of the key areas covered in the Regulations is the question of whether accrued but...
A reminder that contractual agreements can’t be used to get around statutory employment rights
Contractual terms cannot be used to subvert or limit statutory employment rights. Disputes which have their root in statutory employment rights (such as unfair dismissal and discrimination), can only generally be settled through ACAS (using a COT3 agreement) or by...
New legislation means criminal convictions will be ‘spent’ sooner
New legislation has come into force which will mean that criminal convictions will become ‘spent’ after a shorter time, reducing the period that individuals need to declare them to their employers. Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came...
Gender pay gap reporting
The Office for National Statistics (ONS) has released annual statistics on differences in pay between women and men by age, region, full-time and part-time status and occupation - compiled from its Annual Survey of Hours and Earnings. Its analysis of the gender pay...