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

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...

A Guide to the Gender Pay Gap Reporting Regulations

In spite of the Equal Pay Act 1970 , which prohibited less favourable treatment between men and women in terms of pay and conditions, and subsequent equality laws, there is still a significant gap between the pay of men and women in the UK. To try to...

Acas Guidance on Employment References

The Advisory, Conciliation and Arbitration Service (Acas) has guidance for job applicants and employers of the legal requirements appertaining to employment references . Where a reference is provided, it must be accurate and fair. It must not include...

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 and Retirement

Since the abolition of the Default Retirement Age (DRA) in 2011, it is not 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...

Compensation for Injury to Feelings

There are three bands that are used by Employment Tribunals when assessing the amount of compensation payable for injury to feelings in discrimination and whistleblowing cases, often called the 'Vento' bands after the 2002 case in which the Court of Appeal...

Corporate Manslaughter and Gross Negligence Manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way in which it manages or organises its...

Driving on Company Business

In 2016, 529 people were killed, 5,269 seriously injured and almost 40,000 slightly injured in collisions involving a driver or rider driving for work. The Health and Safety Executive estimates that 'more than a quarter of all road traffic incidents may...

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...

Executive Pay Ratio Reporting

The Companies (Miscellaneous Reporting) Regulations 2018 , made under the Companies Act 2006 , came into force on 1 January 2019. The Regulations introduce new corporate governance reporting requirements for UK-listed companies with an average of more than...

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...
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