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Archive for the: Blog Posts category

Tesco Facing Britain's Largest Ever Equal Pay Claim

Posted by on February 8th 2018 in Blog Posts, Employment

Hundreds of women who work in Tesco supermarkets across the UK could receive back pay totalling £20,000 if a legal challenge demanding equal pay with men who work in the company’s warehouse succeeds.

According to legal representatives instructed in the case, hourly paid female store staff earn less than men employed in the supermarket’s warehouses, even though the value of the work between the two is comparable.

Reports suggest that over 1,000 members of Tesco staff have contacted lawyers, with first steps being taken for at least 100 of them. Initial claims have been submitted...

What is Strategic HR Support?

Posted by on January 26th 2018 in Blog Posts, Employment

What is Strategic HR Support?

I (Carolyn Giles) joined the employment team in 2014 as an HR consultant. Since that time, when I was delivering a very wide range of employment services including day to day advice, training, consultations etc, my role in the team has been refined. 

Strategic Human Resources sits within the HR profession, governed and guided through the Chartered Institute of Personnel & Development. I am a Fellow of the institute.

Many refer to HR as the 'dark art', it is certainly more art than science, so hopefully this will tell you a little about what I do in a practical sense. 

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Brothers at Arms: Stay-at-Home Sibling Claims for Greater Share of Mother's Estate

Posted by on January 26th 2018 in Blog Posts, Contentious Probate

Brothers at Arms: Stay-at-Home Sibling Claims for Greater Share of Mother's Estate

It is a very rare probate dispute that starts with a Will which divides an estate equally between the children, but this is what has happened in the estate of widow Rachel Heath in a case which reached the High Court in London this week.

Mrs Heath passed away in October 2015, aged 93, leaving a Will made in 1971 which divides her estate equally between her sons Jeremy (65), Timothy (62) and Dominic (53), who were also appointed jointly as executors.  The estate is worth an estimated at £1.8 million, including the family home; a Grade II listed London town...

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Posted by on January 23rd 2018 in Blog Posts, Employment

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Following the introduction of the Equality Act 2010, direct discrimination as a result of a perceived disability has always been considered a possibility, albeit there had been no case law to give guidance to employers.  

However, the EAT have now confirmed that it is indeed possible for an employer to discriminate against an employee purely because of a perception that they are disabled, even if they do not fall within the statutory definition of a disabled individual.

The dispute in question concerned a police officer who had experienced some hearing loss, although it was highlighted that it was not significant...

What is Acceptable Behaviour?

Posted by on January 19th 2018 in Blog Posts, Employment

What is Acceptable Behaviour?

In the light of recent media reports including the entertainment industry and parliament, many employers and their teams are asking the question about what acceptable behaviour is, and how to manage inappropriate behaviour in the workplace.

Every workplace has a culture and one size will never fit all. The most helpful way of tackling the subject and subsequently the behaviours is to involve those working in the organisation. If there is a staff communication or consultative body, or union representation this will be relatively easy. Staff surveys are another way of identifying where problems may arise. Ideally all those in the...

See no evil...

Posted by on January 15th 2018 in Blog Posts, Employment

The decision in the recent case of López Ribalda and others v Spain highlights the conflicting position of data protection laws which protect fundamental rights and the rights of an employer to monitor their employees and customers.

The use of surveillance cameras is common in many work places. Usually they are used for security purposes and to protect the staff and customers within the premises. However a consequence of the use of video surveillance is that employers can catch employees committing acts of misconduct that can lead to disciplinary action.

In this particular case a...

Equal Pay in the Workplace

Posted by on January 12th 2018 in Blog Posts, Employment

Equal Pay in the Workplace

Following the recent resignation of high profile BBC journalist Carrie Gracie, the issues of equal pay and gender pay gaps have once again found themselves in the media spotlight.

Gracie, who was the BBC’s China editor from 2004, posted an open letter at the start of January 2018 in which she accused the BBC of having a “secretive and illegal pay culture” in which there was a “crisis of trust”.

The comments came following the revelation that two thirds of BBC stars earning more than £150,000 were male – something which Ms Gracie has expressed her shock and disappointment with.

The news once...

Cohabitation: Property Ownership Rights Following a Break Up

Posted by on January 8th 2018 in Blog Posts, Family

Cohabitation: Property Ownership Rights Following a Break Up

It is a common myth that couples who live together for a long period of time have the same rights as married couples, this is often referred to as a ‘common law marriage’. In fact the concept of ‘common law marriage’ has no legal validity in the UK, you are either married or you are not. So where do cohabiting couples property rights stand following the breakdown of a relationship?

Unmarried couples have no guaranteed rights to ownership of each other’s property. Where a relationship breaks down and the couple are unmarried the court has to resolve questions of property ownership...

Bereavement Damages - Battle Won for Unmarried Couples

Posted by on January 8th 2018 in Blog Posts, Family

Jakki Smith has won a legal battle against the Government and established better rights for unmarried couples.

Jakki Smith took the Government to court for breaching her human rights and denying her bereavement damages. Jakki had been in a long term relationship with her partner John Bulloch for 16 years. John fell ill whilst on holiday in Turkey after having a benign tumour removed from his foot; a post operative infection had been missed by medical staff.

Under the Fatal Accidents Act 1976 a fixed sum of £12,980 can be claimed in statutory damages if a person dies as a result of...

What Happens When Organisations Ignore Culture?

Posted by on January 3rd 2018 in Blog Posts, Employment

What Happens When Organisations Ignore Culture?

What Happens When Organisations Ignore Culture?

We’ve all heard phrases such as “culture eats strategy for breakfast” and “culture is what happens when you aren’t there”.

Many organisations forget to take the time to identify their culture, or to agree what their culture should look like and feel like for the organisation to be successful. This means a culture grows by accident, and may or may not lead to success. This article helps you to think about what the organisation should focus on to establish a successful culture.

Culture should start at the top, but without time and effort, it grows from the...

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