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Tips & Advice Personnel

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Absenteeism

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In the most recent issue you'll find advice on...

Year 26 - issue 16 - 12.09.2024

DISCIPLINARY HEARINGS

Was Jermaine Jenas fairly dismissed?

Jermaine Jenas (J) has been dismissed by the BBC following complaints about his workplace conduct. However, is his dismissal likely to be procedurally fair?

HOMEWORKING

Should you be concerned about “hushed hybrid”?

“Hushed hybrid” is where managers covertly allow their staff to work from home despite official return to the office mandates. Is there a problem with this and how can you stop it?

PAY & CONDITIONS

New legal requirements for fair distribution of tips

The Employment (Allocation of Tips) Act 2023 comes into force on 1 October 2024, requiring employers to pay tips, gratuities and service charges to staff in full and to allocate them fairly and transparently. What steps should you be taking now?

MINIMUM WAGE

Holiday savings scheme results in minimum wage breach

The Employment Appeal Tribunal has ruled that an employer’s holiday savings scheme for its employees breached the rules relating to the national minimum wage. Why was this and what could the employer have done differently?

BENEFITS

Paying discretionary annual bonuses

It’s common for employers to provide an annual bonus for staff in addition to their basic salary, but usually this is expressed to be discretionary rather than a guaranteed contractual right. How must you exercise your discretion and what is the key risk?

DISABILITY DISCRIMINATION

Failure to allow resignation retraction was discrimination

An HR director has won her claim for disability discrimination after she was denied her request to withdraw her resignation which was submitted to her employer almost three weeks earlier. Why did this amount to unlawful discrimination?

DISCIPLINARY PROCEEDINGS

Who should conduct a disciplinary investigation?

One of the first stages in conducting a formal disciplinary process is to decide who’s going to investigate the misconduct allegations that have been made against the employee. How should you go about choosing an appropriate investigator?