No Fault Divorce Bill Set to Go Before Parliament
The Ministry of Justice has announced that the so-called ‘no fault’ divorce Bill is to be one of the first bills tabled in the new Parliament. In news welcomed by the national family justice body, Resolution, the Divorce, Dissolution and Separation Bill is being reintroduced into Parliament on 7th January having first been promised by […]
Capital Gains Tax on Second Property (What You Need to Know!)
For owners of multiple properties, it’s important to understand the tax liabilities that arise on the disposal of residential property assets. But the rules for capital gains tax on a second property can seem daunting, not least because the capital gains rules differ between your main home and any additional properties you own. Where the […]
ETO TUPE & making workforce changes
Under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulation, employees are afforded certain protections when their employment is transferred to a new employer. If your organisation is planning or has recently undertaken a business transfer, it will be important to understand how the law operates in this context, from the transaction itself and the […]
Agency Workers Regulations 2010: employers’ guide
As an employer, it will be important to understand the employment rules that apply to agency workers, compared to workers or employees who have been hired directly by you. The Agency Worker Regulations 2010 were introduced to remove discrimination facing agency workers in areas such as pay, holiday entitlement and working time conditions. The following […]
Good Work Plan: what you need to know
The following guide looks at the three main strands of the Government’s Good Work Plan, including what steps UK employers should be taking to assess and amend their current working practices to ensure they are compliant with the law. Background to the Good Work Plan Having been invited to develop proposals to improve the working […]
Recording conversations at work: HR guide
Is making a covert recording in the workplace sufficiently serious to justify instant dismissal? As the likelihood and occurrence of secret recordings in the workplace grows, it has become good risk management practice for employers to take pre-emptive measures to deter secret recordings and to provide clarity to the workforce on the organisation’s expectations and […]
Whistleblowing: employer guidance
Whistleblowing in the workplace is dealt with under the Employment Rights Act. The following guide looks at the law on whistleblowing at work, from what protection a whistleblower may be afforded to what an effective whistleblowing policy should include. What is a whistleblower? A whistleblower is an individiual who reports certain types of wrongdoing, typically […]
Employee shareholder status FAQs
An individual’s employment status will help to determine their rights within the workplace, as well as your responsibilities towards them as their employer. Below we look specifically at employee shareholder status, with guidance for employers on what this means and what conditions must be met to acquire this status – including the nature of the […]
Implied terms of employment: rules for employers
The contract of employment is a legally binding agreement between employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities. By understanding the nature of the employment contract, together with its constituent parts, not least the express and implied terms of employment, this will […]
Working Time Regulations (A Guide!)
The Working Time Regulations 1998 introduced, for the first time, rules of general application limiting working hours and providing for rest breaks and holidays. [toc] What are ‘workers’? The WTR only protects “workers”, defined as all those working under: A contract of employment; or Any other contract whereby the individual undertakes to perform any work […]
Employee rights during probation
The following guide for employers focuses on employee rights during probation. We look at how to manage probationary periods in the context of employee’s statutory and contractual rights, from setting targets and goals for new employees, as well as how to address any performance or conduct issues that may arise during the period of probation. […]
Notice period to change employment contract terms
Changing an employee’s contract of employment is not something you can usually do without their consent. Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient […]
Employees’ relocation rights: HR guide
Whether organisations are moving to bigger premises, for financial reasons or to be nearer to customers, the relocation process is invariably complex, carrying a number of risks and challenges for human resource teams. The priority should be retaining key personnel and maintaining a positive and productive workforce through the relocation process, while reducing legal risk […]
Disciplinary Meeting: How Employers Should Prepare
The disciplinary meeting is a critical stage in an organisation’s disciplinary procedure, as stipulated by ACAS in its Code of Practice. Even in seemingly straightforward cases where there is perceivable compelling evidence against an employee, a fair process must be followed. Where an employer fails to meet the required standards, they risk allegations of unfair […]
Types of disability discrimination
It is unlawful to discriminate against an individual in the workplace by reason of disability. Discrimination issues typically relate to flawed or inconsistent organisational policies, procedures or practices that have failed to accommodate people’s physical or mental impairments as required by law. Understanding and recognising different types of disability discrimination can help employers take a […]
Capability dismissal: guide for HR
Capability dismissal refers to an employer terminating an employment contract on the basis of poor performance where they have a reasonable belief that the employee is unable to carry out the duties required of them to the expected standards. Employers are permitted to lawfully dismiss employees by reason of poor performance and capability, but they […]
Dismiss for poor performance: steps to take
Before an employer can lawfully dismiss an employee for poor performance, they must first show they have followed a process to allow the employee the opportunity to improve and meet the standards required in their role. The Acas Code of Practice provides guidance to help employers ensure their obligations towards their employees are met during […]
Disciplinary hearing: guide for employers!
Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary hearing with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully. We look at how employers should prepare […]
Sexual Harassment at Work (A Guide!)
Sexual harassment at work is an unlawful form of discrimination involving unwanted behaviour of a sexual nature. Employers are under a legal duty to prevent sexual harassment in the workplace. The Equality Act 2010 states that a person’s conduct amounts to sexual harassment if it is either meant to, or has the effect of, violating […]
Law of Evidence – What is it?
The law of evidence encompasses the rules and legal principles that govern the proof of factual matters in both criminal and civil proceedings. It is the evidence that helps the parties prove or disprove their case and, in turn, assist the court in fairly determining the outcome of those proceedings. Below we examine the different […]