Truth or myth? Employee presence at a capability meeting

This is a myth. It is not uncommon for a capability procedure to stall or even come to a complete standstill because the employee is refusing to attend a capability meeting. Without the meeting going ahead, the employer is unable to continue with the necessary stages of the process and a resolution one way or […]

Are you ready for GDPR?

A new General Data Protection Regulation (GDPR) will soon replace the old Data Protection Act (1998). The GDPR will apply in the UK from 25 May 2018. The government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.

Tribunal fees to claimants to be scrapped

In July 2013, new fees were introduced to pursue disputes against employers in the tribunal courts to defer employees from lodging unfounded claims. Type A claims for sexual harassment, unfair dismissal and discrimination cost claimants £1,200. Type B claims to recover unpaid wages or holiday pay cost the employees £390. This has had a major […]

MPs call for substantial reduction in tribunal fees

In June 2016 House of Commons Justice Committee of MPs released a report on Courts and tribunals fees. The report repeatedly chastised the Justice Ministry for not assessing the impact of the introduction of fees quickly enough. It was also highly critical of the Ministry for not making their data on the subject available to […]

Brexit – how will it affect employment law?

The big day of Brexit referendum is tomorrow 23rd June 2016. One of the popular arguments for voting to leave the EU has been excessive bureaucracy and regulation imposed on the UK by the common market. What is unclear is how things would change, should a Brexit take place. This uncertainty affects the HR field as […]

Pulling sickies is legitimate grounds for dismissal

1 in 10 employees admits to ‘pulling a sickie’ or faking an illness to avoid work. These sickies can be a nuisance at the workplace and are tricky to manage due to the contention involved in accusing someone of lying. Employers are also potentially on thin ice taking on the task of proving the employee […]

Occupational Health is not a dispute mediation service

XpertHR published an absence related employment tribunal case study (Beastall v Ministry of Defence ET/2404242/14) to do with an employee who fraudulently used sick leave to perform as a medium. He had been signed off on two separate occasions and it was found that during both episodes he had appeared publicly as an advertised medium. […]

Annual leave law update

Well it is that time of the year again, holiday season. As usual, employment law and regulations keep changing and it seems that this space is becoming more and more confusing rather than simpler. All you have to do is take one look at the legislation on shared parental leave to know what we’re talking […]