| Briefing: Stay on the right side of new Bribery Act
By Cathy Norton
The government has just announced that the Bribery Act will come into effect on 1 July are you ready? It places a new burden on employers to ensure their employees or representatives do not engage in corruption.
Bribery Act checklist
Is there regular anti-bribery training for employees, highlighting the risks associated with specific roles?
Is there a clear, publicised anti-bribery policy (overseen by a designated person at board level)?
Are there clear policies on corporate gifts and hospitality, and are integrity and compliance built into all business processes?
Are anti-bribery clauses written into all commercial contracts?
Is there a whistleblower facility with clear, confidential channels for staff to raise concerns?
Published Apr 06, 2011 - 12:00 AM
Read more... (2107 bytes more) comments?   |
| Briefing: Top Ten Tips on Staying away from Tribunals
This Government says it is looking at ways of reducing the burden on employers, in particular by reducing the likelihood of a Tribunal. But such legislation changes are a long way off still - what can individual dealers do to protect themselves?
Published Feb 01, 2011 - 12:00 AM
Read more... (3961 bytes more) comments? |
| Briefing: TOP TEN TIPS ON AVOIDING CONSTRUCTIVE DISMISSAL CLAIMS
by Peter Stanway, BackupHR
As the market becomes more challenging employers and their staff come under more pressure. And in a difficult employment market some disgruntled ex-employees may feel they have a case for constructive dismissal to bring. Constructive dismissal is normally claimed when someone has felt forced out' because of the behaviour of their employer. And they may have good grounds if they can show the company has committed a serious 'breach of contract' which left them with no alternative but to resign. The law has developed in response to unscrupulous employers who try to their push employees out. There is much misunderstanding of the subject mainly due to the difficulty in defining it in narrow terms. Avoiding constructive dismissals claims can be difficult but if you follow the advice to follow you will improve your chances and probably have a better motivated workforce.
The Good news is that Constructive Dismissal is very hard to win, anecdotally only 20% of such claims succeed at tribunal so follow the guidance above and ask for advice on particular circumstances
Published Sep 24, 2010 - 12:00 AM
Read more... (7599 bytes more) comments? |
| Briefing: Are Fit Notes "Fit for Purpose"?
Many Dealers have told us how confusing the new Fit Note regime seems to them. Added to which, there are reports everywhere about fake Fit Notes that can be ordered straight from the web for as little as £9.99.
Published Aug 29, 2010 - 12:00 AM
Read more... (2706 bytes more) comments? |
| Briefing: Plan now for retirement law change
By Cathy Norton
The Government has announced that it plans to start phasing out the Default Retirement Age of 65 from April next year.
Age of retirement key points
The proposal to scrap the Default Retirement Age is not yet law, but almost certainly will be in 2011
From 6 April 2011, employers will not be able to issue a Notice of Intended Retirement
From 1 October 2011, enforced retirement must be objectively justifiable
Consider now employees who are over or who will reach 65 before 1 October 2011
Published Aug 11, 2010 - 12:00 AM
Read more... (1768 bytes more) comments? |
| Briefing: Last In, First Out - Be Careful
Length of service has traditionally been used as a central feature of redundancy selection exercises. However, following the introduction of the Employment Equality (Age) Regulations in October 2006 use of last in, first out, which obviously is directly linked to length of service, has been challenged in the courts. So, should employers continue to use "last in first out" as a selection criterion?
Published Mar 20, 2010 - 12:00 AM
Read more... (4473 bytes more) comments? |
| Briefing: Beware the first 12 months - Part 1, Documentation and Induction
Introduction
The way you take on, induct and develop your relationship with your employees determines largely how effective your recruitment is, and the long term future of your business. It is a crucial period that establishes the trust and mutual respect so essential to a long term relationship.
Published Mar 10, 2010 - 12:00 AM
Read more... (4100 bytes more) comments? |
| Briefing: Beware the first 12 months - Part 3, Dismissal and Grievance
Discipline
Probably the most contentious issue relating to new employees is the extent to which they are to be given the 'benefit' of the full disciplinary procedure.
We advise our clients to retain the flexibility to follow the spirit if not the letter of the disciplinary procedure during the first year of employment. This is to avoid getting bogged down in lengthy procedures when employers have the right to dismiss without any risk of an unfair dismissal claim. If the contract allows this flexibility then the risk of a breach of contract claim is substantially reduced.
Nothing in the above should be construed as legal advice and clients are advised to seek advice on any matter relating to the above
Published Mar 10, 2010 - 12:00 AM
Read more... (6726 bytes more) comments? |
| Briefing: Beware the first 12 months - Part 2, Probation
Probation
Probationary periods have virtually no legal basis whatsoever, other than in contract law. They are widely used, however, and give an employer a fig leaf to hide behind when they are terminating someone's employment during or at the end of their probationary period.
Published Mar 10, 2010 - 12:00 AM
Read more... (3535 bytes more) comments? |
| Briefing: Selecting the right selection criteria pays off
It is nice to see a case from the motor industry that is viewed as important in legal circles. Inchcape has recently won an appeal on a redundancy case that has been widely reported in the legal press and could have an important effect on employment tribunals in the future.
Published Feb 08, 2010 - 12:00 AM
Read more... (3104 bytes more) comments? |
