Employment & HR

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£340,000 for being called “a pensioner”

An employee who was labelled “a pensioner” because of his age and placed “in the relegation zone” has been awarded £340,000 in compensation by the tribunal. These are both no-nos, but where else did the employer go wrong?
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DISMISSAL - 30.11.2023

Employee speaks their mind following dismissal

In November 2023 the Prime Minister fired the Home Secretary. In response, she sent a no holds barred letter criticising his conduct. If you dismiss an employee and they react in the same way, what should you do?
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MATERNITY LEAVE - 30.11.2023

No intention to return from maternity leave

Sometimes an employee will decide that they don’t want to return to work after maternity leave. If you find yourself in this situation, can you simply draw a line under their employment, or must the employee still formally resign?
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Q&A - duty to mitigate losses

Q. We’ve been told that if we dismiss an employee and they subsequently issue an unfair dismissal claim, they’ve a duty to mitigate their losses . What does this mean? A. An employee who is dismissed for redundancy, capability or misconduct, and who wishes to issue an unfair dismissal claim is legally obliged to take reasonable steps to find alternative employment to reduce their loss of earnings. If they fail to do so the tribunal may refuse to award them their full loss of earnings, assuming their claim is successful. Where a former employee has failed to mitigate their losses , it is up to the employer to prove that this is the case; it can’t be a mere allegation. Also, the tribunal won’t automatically consider this issue - the employer has to raise it (but should only do so if there is adequate evidence which can be relied upon). ...
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LEGISLATION - 30.11.2023

Amendments to the Equality Act 2010

New Regulations. Following Brexit, certain EU-derived discrimination laws were due to be automatically removed at the end of 2023. To prevent this happening, the government has introduced the Equality Act 2010 (Amendment) Regulations 2023 which are due to come into force on 1 January 2024. Amongst other things, these Regulations: confirm that discrimination on the grounds of breastfeeding falls under the protected characteristic of sex; grant individuals the right to claim indirect discrimination by association, i.e. where a person suffers less favourable treatment because they know a person with a protected characteristic and extends direct discrimination protection to cover statements made about not recruiting people with certain protected characteristic, e.g. age or race. ...
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RECRUITMENT - 30.11.2023

How long will applicants wait for an offer?

Apparently, 52% of candidates are reluctant to attend more than two interviews when applying for a new job. How long is the average job applicant prepared to wait to find out if they’ve got the job?
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Employment & HR

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PENSIONS - 31.10.2023

Changes to pensions auto-enrolment age

New law. On 18 September 2023 the Pensions (Extension of Automatic Enrolment) Act 2023 received Royal Assent. It gives the government the power to: (1) lower the minimum age for eligible jobholders to be automatically enrolled into a workplace pension scheme from 22 years to 18 years; and (2) reduce the minimum earning threshold at which employers must contribute to an eligible jobholder’s workplace pension from £6,240 p.a. to £1 p.a. The latter will be achieved by removing the lower earnings limit threshold from pensions auto-enrolment calculations. ...
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Employee awarded £25,000 over “deadnaming”

In what’s thought to be the first case of its kind, an employee has been awarded over £25,000 in compensation after she was “deadnamed” by her employer. What is “deadnaming” and why is it unlawful?
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FIT NOTES - 31.10.2023

Updated fit note guidance for employers

More detail. On 6 October 2023 the government issued updated guidance on fit notes for employers and line managers (see The next step ). The most notable changes are the addition of: an employer’s checklist (which can be found in Annex A) and a guide which explains the sections of the fit note. The updated guidance also includes six new case studies which cover a homeworking scenario, a phased return to work, an employee with lower back problems, an employee who can’t drive and implementing professional advice. ...
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