Unfair Dismissal: The ACAS Code of Practice Episode 4
The Employment Law & HR Podcast
In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you...
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Unfair Dismissal: The Reasonableness of Dismissal Episode 3
The Employment Law & HR Podcast
In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable...
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Unfair Dismissal: Potentially Fair Reasons
The Employment Law & HR Podcast
In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 224 I will cover: What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason...
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Unfair Dismissal: What is unfair dismissal?
The Employment Law & HR Podcast
This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I will cover: The history of unfair dismissal How unfair dismissal started in the early 1970’s What...
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Holiday pay and holiday entitlement changes 2024
The Employment Law & HR Podcast
In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024. In this episode of the podcast we cover: The definition of irregular hour worker The definition of part year worker How statutory holiday entitlement is accrued for irregular hour and part year workers How you can deal with carry over of leave How to calculate holiday pay Rolled up holiday pay is now permitted for irregular and part year workers Examples of what to consider when calculating holiday Why it is important...
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What Employers & HR should learn from Bates v The Post Office
The Employment Law & HR Podcast
In this episode 221 of the podcast I bring you my thoughts and reflections on the case of Bates v The Post Office and whilst not directly related to employment law there are lots of lessons that all employers and HR can take from the events that took place. In this episode of the podcast we cover: Why employers and HR need to take internal investigations seriously. The key things that investigators get wrong in disciplinary and grievance investigations. The civil test of ‘balance of probabilities’ and what this means. The importance of a common sense approach to issues that arise. Why...
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Top tips for HR and people professionals
The Employment Law & HR Podcast
In this episode 220 of the podcast I bring you an interview with Fay Wallis who is a specialist career coach who helps HR and People Professionals. In this episode of the podcast we cover: What the key issues are for HR and people professionals. Tips on how to address the key issues. Time Management tools techniques and resources for HR professionals. Being pulled in different directions and how to manage this. How to deal with confidence issues and manage imposter syndrome. How to influence in your role. Fay Wallis If you work in the HR or People team and want to have a...
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The Gender Pay Gap & Equal Pay at work
The Employment Law & HR Podcast
In this episode 219 of the podcast I bring you an interview with Michelle Gyimah who is a specialist pay gap strategist. Michelle is an expert in assisting businesses and organisations to close their pay gap. In this episode of the podcast we cover: Why the gender pay gap is an important consideration for employers. Why the gender pay gap still arises. The benefits to employers of addressing the pay gap in their business or organisation. What businesses and organisations should be considering with regards to their gender pay gap. Simple steps employers can consider for equality. Other areas...
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New Sexual Harassment Laws in 2024
The Employment Law & HR Podcast
Prevention of Sexual Harassment obligations for employers are changing in 2024 In this episode 218 of the podcast I bring you an update on the new sexual harassment laws in 2024, including all the information employers need to consider. In this episode of the podcast we cover: What is the current law about workplace sexual harassment. What the Equality Act 2010 states about sexual harassment. Why there has been a change in the law. Some examples of conduct of a sexual nature that would constitute sexual harassment. How a single incident can be sexual harassment. Who can claim sexual...
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Adjustments at work for Employees with sight or hearing loss
The Employment Law & HR Podcast
How employers can assist employees with sight or hearing loss to succeed In this episode 217 of the podcast I bring you an interview with Dan Williams who is the founder of Visualise Training and Consultancy an organisation which promotes and enables inclusion, accessibility and equality for people living with visual impairment, hearing loss and other forms of disability. Dan is an expert in assisting businesses and organisations to be more accessible. In this episode of the podcast we cover: How to encourage employees to be open about their condition or disability. Creating an inclusive...
info_outlineIn this episode 202 of the podcast I bring you an update on the latest news about holiday pay and holiday entitlement following the Supreme Court Case of Harpur Trust v Brazel.
In this episode of the podcast I cover:
- Basics of holiday entitlement.
- The foundations of holiday entitlement in law.
- How to calculate holiday pay for employees and workers with regular hours and pay.
- How to calculate holiday pay for employees and workers whose hours vary.
- What to include in the calculation of the 52 week average for holiday pay.
- Why all employees and workers are entitled to 5.6 weeks paid holiday regardless of the number of hours that they work.
- Why part year workers are entitled to 5.6 weeks holiday.
- Whether you can pay rolled up holiday pay.
You can ready the full judgement in the Harpur Trust case here: JUDGEMENT.
You can listen to previous episodes on holiday pay calculations here:
Holiday Pay & Commission the Court of Appeal Decision: Episode 65
Holiday Entitlement & Pay: Episode 48
Holiday & Sickness Absence: Episode 25
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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.