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Archive for the: Employment category

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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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...

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...

Various Claimants v Wm Morrisons Supermarkets Plc

Posted by on December 18th 2017 in Blog Posts, Employment

Various Claimants v Wm Morrisons Supermarkets Plc

In the recent case of Various Claimants v Wm Morrisons Supermarkets Plc, the High Court was asked to consider whether it is possible for an employer to be vicariously liable for the actions of an employee who has breached the Data Protection Act 1998.

The case followed personal details of almost 100,000 Morrisons’ employees being published on the internet and sent to three newspapers back in 2014.

The wrongdoer, a senior IT internal auditor who was involved in assisting external auditors by providing payroll data, had some time before been the subject of disciplinary proceedings for an unrelated incident which resulted in...

Holiday Pay Key Case from the European Court of Justice

Posted by on December 6th 2017 in Blog Posts, Employment

Holiday Pay Key Case from the European Court of Justice

King v The Sash Windows Workshop Limited

A recent judgment from the European Court of Justice has highlighted that the right to paid holiday is a significant entitlement for individuals, and that the governing legislation must not be interpreted in a manner which could be considered restrictive. 

Facts

Mr King worked for the Sash Window Workshop Limited (“SWWL”) as a commission only salesman for a period of 13 years.

During the course of this period, he received no salary, and was not remunerated for any holidays or periods of sickness absence. Mr King was believed to be self-employed.

In 2008, SWWL offered Mr King...

Are We Doing Ourselves Any Favours With Our Use Of Mobile Technology?

Posted by on December 1st 2017 in Blog Posts, Employment

Are We Doing Ourselves Any Favours With Our Use Of Mobile Technology?

In a recent article following a research report in the Journal of Management Reviews questions were asked about the use of mobile technology preventing psychological detachment from work. This article was co-written by Professor Ilke Inceoglu, from the University of Exeter Business School.

Psychological detachment from work during leisure time refers to a state in which people mentally disconnect from work and do not think about job-related issues when they are away from their job. Empirical research has shown that employees who experience more detachment from work during off-hours are more satisfied with their lives and experience fewer symptoms of psychological...

Social Media At Work: We Are Still Talking About It!

Posted by on November 30th 2017 in Blog Posts, Employment

Social Media At Work: We Are Still Talking About It!

Whilst reading a recent article on the BBC website, it struck me that there is still confusion for employers and employees.

The individual explains the difficult time she has had since an incident in 2015 when she lost her job due to a post on facebook. It happens that in August 2017 she won her unfair dismissal case. The details of the case are significant in part as it reflects the conversation we frequently have with clients.

We presented last week to a small group of clients, discussing social media and associated policies in the workplace. The article I read today...

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