• Enforcing National Minimum Wage
  • Just a reminder to employers who pay their staff less than the national minimum wage:   The revised National Minimum Wage naming scheme came into force in February 2014.     This scheme has been simplified so that the Government can “name and shame” employers who chose not to pay their staff the national minimum wage. The penalty…

  • Data Subject Access Requests – do you know what to do?
  • All organisations hold personal information about their employees, but do you know what your obligations are under the law? Employees have been able to submit data subject access requests since the Data Protection Act 1998 became law.  Recently the Information Commissioner’s Office has recently updated its guidance to employers on how to deal with such…

  • Calculating Redundancy Payments (when you don’t have a policy)
  • There may come a time in a business when redundancies need to be considered.  Redundancies aren’t always a sign that a business has taken a down-turn.  Businesses often have to make redundancies as there is a need to restructure to meet the growing demands of the business.  For example a job role that you needed…

  • Is an employer vicarious liable for the actions of an employee towards a customer?
  • There has been a recent case which has explored this issue. Mohamud v Morrison Supermarkets. In March 2008, Mr Khan was an employee of a Morrison’s supermarket  in Birmingham. A customer visited the store and asked Mr Kahn to print off some documents from a USB stick.  Mr Khan became abusive to the customer, to…

  • Is your employee is considered disabled?
  • A key fact that an Employment Tribunal considers when dealing with disability discrimination claims is whether or not the employer knew that their employee was considered to be disabled. Many companies use Occupational Health providers, and they will give an employer advice on the likelihood as to whether a particular employee would be considered disabled…

  • Can you count previous disciplinary warnings?
  • A recent court case has looked at the issue of dismissing an employee who had a previous disciplinary warning on their file. The employee had been issued a first written warning for misconduct – a warning which was to remain “live” on their file for 12 months.   Within those 12 months another, unrelated misconduct incident…

  • Redundancy Headcount and Fixed Term Contracts
  • An employer is required by law to complete the BIS HR1 form and undertake associated  collective redundancy consultation if they are planning to make more than 20 employee’s redundant.  Sometimes there is a lack of clarity around how many staff are considered to be “at risk” during the proposed redundancy programme and how this should be…

  • Changes in Employment Law in 2014
  • Like previous years, there are lots of changes to Employment Law to look forward to in 2014!.  A key summary is below. 31st January 2014 TUPE:  new regulations come into force on 31st January.  I will be posting about these changes over the next few weeks. April 2014 Flexible working:   All employees with more than…

  • Religious Festivals and Holidays Calendar
  • Happy New Year! One festive season finishes and as we look forward into 2014 DLA has produced an excellent interactive Religious Festivals and Holidays Calendar so that you and your employees can continue celebrating through-out the year.  This is an excellent interactive website is useful for all businesses. You can access it here    

  • Free Occupational Health website
  • In the course of our work we meet with different Occupational Health providers. It was during a conversation with an Occupational Health nurse the other day that I was shown the Health 4 Work website. As is states itself, it is a website with “Free advice and information for your organisation on all health issues…