Category: Policies and procedures

Employment law
elinabyrne

Unveiling the Truth: The HR Investigation into Huw Edwards at the BBC

Introduction The BBC has been an esteemed media institution, renowned for its objective reporting and credible journalism. However, no organisation is immune to controversy, and the allegations surrounding one of its prominent figures, Huw Edwards, triggered a comprehensive HR investigation. In this blog, we will delve into the details of this investigation, its impact on the BBC’s reputation, and the importance of transparent and fair HR procedures in addressing such matters. Who is Huw Edwards? Huw Edwards is a distinguished journalist and newsreader at the BBC, who, for many years,…
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Q. When is it too hot to work?

Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a ‘reasonable’ temperature in the workplace. They suggest that the minimum temperature in a workplace should be at least 16ºC, or if the work involves rigorous physical exertion, it can be as low as 13ºC. However, there are no laws which specify that workers can stop working if the temperature gets too hot. But every employer has a responsibility to maintain a safe working environment and…
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Q. Tell me about the up and coming changes to the Protection from Redundancy (Pregnancy and Family Leave Bill)?

The Bill aims to provide protection from redundancy during or after pregnancy, or after periods of maternity, adoption, or shared parental leave. The reason for introducing this bill was because evidence reported that new parents were facing prejudice in the workplace, with an estimated 54,000 new parents feeling they had to leave their jobs due to pregnancy or maternity discrimination each year. Under current rules, employers are obliged to offer employees on maternity, shared parental or adoption leave an available alternative post, as a priority over anyone else who is…
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Q. Do we have the right to access an employee’s WhatsApp messages if we are concerned about sexual harassment/bullying or fraud between employees via the platform?

In a recent case between FKJ (The Claimant) and RVT (Defendant), the case highlighted that parties need to consider how they approach obtaining evidence in support of their case and also how they handled the information once it was obtained, as without proper care/advice, it is possible to make an already litigious situation worse. The claimant was a solicitor that qualified in 2017 and commenced work for the Defendants in that same year. On 21 December 2017, the Claimant was dismissed by the Defendants for falsifying a timesheet. The Claimant…
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Q. How does the Carers Leave Act 2023 effect my employees?

The Carer’s Leave Act will give employees a statutory right to a week’s unpaid leave to care for a dependant. Here is what we know about the law so far…and what we don’t. The Carer’s Leave Act 2023became law on 24 May 2023. However, it requires further regulations from the government setting out precisely how the entitlement will work. One week’s unpaid leave per calendar year available to employees (not workers) from day 1 – employees to self-certify their entitlement Will be determined by the carer’s relationship with the dependent:…
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Q. Does a term-time worker have to take all their annual leave during the school holidays?

The arrangements for taking annual leave should be agreed between the term-time worker and the employer. Generally, the arrangement will require the employee to take all their annual leave during the school holidays. The employer can designate periods during the school holidays to be the term-time worker’s annual leave, in which case the employee will usually not be required to book any annual leave. Alternatively, term-time workers can be required to book their paid annual leave during school holidays. Employers should keep in mind that other employees will also want…
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Culture and change
elinabyrne

Get on yer bike!

In today’s fast-paced world, where employee wellbeing and environmental sustainability are gaining increasing importance, employers are constantly seeking innovative ways to enhance productivity, attract top talent, and contribute to a healthier work-life balance. With the 2023 Tour de France having just started in Bilbao, Spain, last weekend we thought it was about time we re-looked at a Cycle to Work scheme as an innovative solution for employers as it ticks all of the above, but because it’s been around for a long time, is often overlooked!   Promoting Employee Health…
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Q. We’ve been told that we can dismiss someone based on “some other substantial reason”, but what does this actually mean?

If an employee claims unfair dismissal, as the employer, you must show that you had a potentially fair reason for dismissing them and that you acted reasonably in all the circumstances in dismissing the employee for that reason. Under s.98 of the Employment Rights Act 1996, the potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, “some other substantial reason” which would justify the dismissal of an employee. Even where a dismissal is potentially fair for “some…
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Q. Are employees entitled to be paid their full contractual pay on keeping-in-touch days?

Employees on maternity leave and adoption leave are entitled to work during their leave for up to 10 days without their leave being brought to an end or their statutory pay being affected. Employees on shared parental leave are entitled to work for up to 20 days (in addition to any keeping-in-touch days they take during maternity or adoption leave) without their statutory leave or pay being affected. As an Employer, we would advise you to make it clear how employees will be paid for working on a keeping-in-touch day,…
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Q. When can an employer dismiss an employee on the grounds of ill health?

Lack of capability, including when assessed with reference to health, is a potentially fair reason for dismissal under s.98 of the Employment Rights Act 1996. As an employer, you must show that you acted reasonably both in treating the long-term ill health as a sufficient reason for dismissing the employee and in the procedure adopted to effect the dismissal. When you are considering dismissing an employee on grounds of long-term ill health, you should investigate the prospects of the employee being able to return to work within a reasonable time…
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