Employment Library

  • A Brief Guide to TUPE

    The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result of the relevant transfer of a business or a part of one....
  • A General Guide to Recruiting Staff

    Getting the recruitment process right is vital to ensure that you not only select the most suitable candidate for the vacancy but also do so without falling foul of the applicable law. The Law The Equality Act 2010 is intended to eliminate...
  • A Guide to Equal Pay Audits

    Under the Equality Act 2010 , it is unlawful for an employer to discriminate between men and women in terms of their pay and conditions where they are in the same employment and are doing the same or similar work, work rated as equivalent or work of equal...
  • A Guide to Garden Leave

    ‘Garden leave’ is the term used to describe the situation in which an employee who has resigned or been dismissed is required to serve out their notice period at home, rather than reporting for work. Normally, garden leave is used as a...
  • A Guide to Preventing Disability Discrimination in the Workplace

    Under the Equality Act 2010 , which repeals all previous discrimination law and brings together the relevant legislation in one place, it is unlawful to discriminate against a worker on account of a physical or mental disability or to fail to make...
  • A Guide to Selecting Employees for Redundancy

    When an employer faces having to dismiss employees by reason of redundancy, there are certain procedures that should be followed in order to comply with the relevant law. Redundancy is a potentially fair reason for dismissal, but it may be found to be...
  • A Guide to Shared Parental Leave

    New regulations that came into force on 1 December 2014 made changes to the way in which eligible parents can take leave after the birth or adoption of a child. Shared parental leave (SPL) aims to introduce more flexible, more equal arrangements that will...
  • A Guide to Unfair Dismissal

    Only employees have the right not to be unfairly dismissed. The right does not extend, for example, to people who are self-employed, independent contractors, members of the armed forces or workers employed under an illegal contract – e.g. a bar person...
  • A Guide to the Agency Workers Regulations

    The Agency Workers Regulations 2010 (AWR) came into force on 1 October 2011. They apply to those workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer. All temporary agency workers...
  • Advice on Workplace Dress Codes

    The Advisory, Conciliation and Arbitration Service (Acas) has guidance for employers who wish to impose dress standards in the workplace. This emphasises that employers should have sound business reasons for applying a particular dress code, such as...
  • Age Discrimination - Life After the Abolition of the Default Retirement Age

    Since the abolition of the Default Retirement Age (DRA), it is no longer permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010 . This does not mean that...
  • Collective Redundancy Consultation - An Employer's Duties

    Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20 or more employees are to be dismissed at...
  • Constructive Dismissal and Affirmation of Contract

    Constructive dismissal occurs when an employee is forced to leave their job against their will because of a fundamental breach of contract by their employer. In order to succeed in a claim for constructive dismissal, the employee must show that they have not...
  • Dealing with Employee Absence

    Employee absences can be both costly and disruptive for businesses. According to the Chartered Institute of Personnel and Development's 2016 annual survey report on Absence Management , on average people were absent from work for 6.3 days in the year,...
  • Driving on Company Business

    Research by the Health and Safety Executive shows that 20 people are killed and 250 are seriously injured each week in traffic accidents involving someone driving for business reasons. The threat of employers being prosecuted for road accidents involving...
  • Drug Policy - Recognising the Signs and What to Do

    Substance abuse amongst staff can affect all areas of employment, whether it be a decrease in productivity, increased absenteeism or the increased likelihood of accidents and injuries. The failure to identify and deal with a problem is an unnecessary risk...
  • E-cigarettes in the Workplace

    Legislation under the Health Act 2006 that prohibits smoking in enclosed public places and workplaces, on public transport and in vehicles used for work does not cover the use of e-cigarettes. The devices do not burn tobacco or create smoke but work by...
  • Early Conciliation - How Does it Work?

    For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation...
  • Employee Rest Breaks

    Employers Must Be Proactive to Ensure Workers Get Proper Breaks Except in certain circumstances, an adult worker whose daily working time is more than six hours is entitled to a 20-minute uninterrupted rest break as laid down by Regulation 12(1) of the ...
  • Employees' Right to Request Flexible Working Arrangements

    Since 30 June 2014, all employees have had the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work flexibly, provided they have worked for their employer for 26 weeks continuously by the date...
  • Employment Rights - Ministers of Religion

    In President of the Methodist Conference v Preston , the Supreme Court ruled that a Methodist minister was not an employee of the Church and so could not pursue her claim for unfair dismissal. For many years, it was accepted law that ministers of...
  • Failing to Prevent Bribery - Are You at Risk?

    The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. A business can provide a defence by...
  • Graduate Recruitment

    Most businesses would like to benefit from an influx of talent, enthusiasm and fresh ideas. The challenge is to achieve it at an acceptable cost. One option is to employ a recent graduate. In the past, most graduate recruitment was undertaken by large...
  • Homeworking and an Employer's Duties

    Since 30 June 2014, all employees who have worked for their employer continuously for 26 weeks have the right to ask their employer if they can work flexibly. For many people, more flexible working arrangements could include carrying out some or all of their...
  • In Brief: Acas E-learning Modules

    The Advisory, Conciliation and Arbitration Service (Acas) offers useful electronic learning modules on a variety of topics . These include: starting work; discipline and grievance; equality and diversity; bullying and harassment; ...

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