Substantive delays in the Employment Tribunal & the impact this has on employers and employees
The Employment Law & HR Podcast
In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees. In this episode I cover: My own and my colleagues first hand experience of the delays in the employment tribunal. A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are currently in the system. Some real life cases where judgements have been issued and published...
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Understanding Annual Leave Entitlement & Holiday Pay: A Guide for Employers and HR Managers
The Employment Law & HR Podcast
In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay. We cover the key points employers, employees and HR professionals need to know, including: Why it is important to calculate leave entitlement and pay separately. How to calculate annual leave entitlement for a regular employee with guaranteed or set hours. How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker. What you need to consider when calculating holiday pay for all employees. When you can pay the standard or...
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Neonatal Care Leave and Pay – What You Need to Know
The Employment Law & HR Podcast
In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth. We cover the key points employers, employees and HR professionals need to know, including: What neonatal care leave is and who will be eligible How the statutory leave and pay will work in practice The qualifying conditions for employees The likely impact on employers and pay requirements Practical steps to prepare for the new legislation Whether you’re an employer, HR advisor, or employee...
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Transfer of Undertakings: Frequently Asked Questions
The Employment Law & HR Podcast
In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE. This is episode 5 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover the following questions Can you change employee terms so that they are the same as your existing employees? When can you make changes to employee contracts? Can you make changes to terms if a couple of years have passed? What happens to employee holiday entitlement when they transfer?...
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Transfer of Undertakings: The duty to inform and consult with employees
The Employment Law & HR Podcast
The Employers obligation to provide information to employees In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer. This is episode 4 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The requirement to provide employee liability information for the incoming employer. When you may have to provide employee...
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Transfer of Undertakings: Automatic Unfair Dismissal
The Employment Law & HR Podcast
In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment. This is episode 3 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The additional protection from unfair dismissal as a result of a transfer. When the automatic unfair dismissal right applies. The required length of service to bring a claim for automatic unfair TUPE dismissal. The defence to a claim for automatic unfair dismissal under TUPE....
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Transfer of Undertakings: Employee Rights under TUPE
The Employment Law & HR Podcast
In this episode 243 of the podcast I bring you a run down of the key employee rights under TUPE when there is a transfer of their employment. This is episode 2 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The automatic transfer of employment principle. How to determine which employees fall into the organised grouping that transfer. Employee right to object to the transfer. What happens when an employee objects to the transfer. What happens to employee continuous service on transfer. How to deal with employee terms and...
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Transfer of Undertakings: Introduction to TUPE
The Employment Law & HR Podcast
In this episode 242 of the podcast I bring you an introduction to the law on the transfer of undertakings (protection of employment) regulations, also known as TUPE. This is episode 1 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: What TUPE is. The background to the legislation. The purpose and effect of TUPE regulations. When TUPE will apply. What a Business Transfer is and how to identify if TUPE applies. What a Service Provision change is and how to identify when TUPE will apply to a Service Provision Change. Sexual...
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How do you deal with 'toxic' employees?
The Employment Law & HR Podcast
Dealing with toxic or negative employees can be time consuming and tricky. In this episode 241 of the podcast I discuss what it is like to have toxic or negative employees on your team. Those employees who bring everyone down, and in some cases relish making life difficult for their manager, supervisor or employer, are very tricky to deal with and require really strong management and proactive management even when it is difficult. In this episode of the podcast we cover: How to identify those toxic employees. What you do with employees who are constantly negative. The impact these...
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Can you get your costs back if you win in the Employment Tribunal?
The Employment Law & HR Podcast
In this episode 240 of the podcast I bring you a rundown of when you may be able to recover your costs if you are successful in making a claim or defending a claim in the Employment Tribunal. In this episode of the podcast we cover: What you need to know to avoid having a costs order made against you. When you may be at risk of having to pay the other party’s costs. When a costs award may be made What the Employment Tribunal will consider when they are deciding whether to make a costs award. If costs can be awarded against someone who does not have a legal representative. If costs will be...
info_outlineIn recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment. In this episode 229 of the podcast I bring you a run down of the employment rights that apply to directors who are employees of the business.
I also cover my tips on avoiding disputes and how to resolve them quickly in the event of a dispute arising.
In this episode of the podcast we cover:
- When a director is also an employee.
- The rights of directors who are also employees.
- Why you need to have an employment contract and clear terms in place at the outset.
- The importance of company documentation.
- Why you need to have targets and goals for directors that are measurable.
- Why you should caution against dismissing a director from their employment merely because they are no longer able to be a director.
Training for your Team
Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email [email protected]
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
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