This episode of the podcast is the third part of a mini series on managing sickness absence at work and in this episode I cover what you can do to manage staff who are absent long-term due to sickness or injury, including the stages you need to go through if their absence becomes untenable. 

• Recognising the difficulties in having conversations with employees who are sick.
• The importance of maintaining appropriate regular contact with absent employees.
• Why you need to obtain medical reports and up to date information on the employees condition and prognosis.
• What to do when you have to start the formal process.
• The importance of considering disability and reasonable adjustments.
• When to consider adjustments for the employee.
• What to do when you reach the point of dismissal.
• What to consider if the employee is going to be absent indefinitely and/or may not return.
• How to minimise your risk of a discrimination and/or unfair dismissal claim.

1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
2. Set out from the outset the method and frequency of contact with an employee;
3. Obtain medical advice;
4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Disability related podcasts:

• Disability Discrimination & Reasonable Adjustments (Episode 005)
• Obesity & Discrimination (Episode 013)
• Disability Discrimination & a Premier League Football Club (Episode 053)
• When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
• The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
• When does an employer have constructive knowledge of disability? (Episode 93)

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: [email protected] or leave a comment below.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

This episode of the podcast is the second part of a mini series on managing sickness absence at work and in this episode I cover the tricky issue of how to effectively address short-term absences and the stages you need to go through if the absence levels do not improve. 

• The importance of having a good sickness procedure in your Handbook or other document.
• Why having informal exploratory discussions with employees at an early stage are important.
• What to do when you have to start the formal process.
• Why you need to be clear on the real reasons for the employees absences.
• How to check if the employee has a long-term medical condition and/or disability.
• The importance of obtaining appropriate medical advice.
• When to consider adjustments for the employee.
• What to do when you reach the point of dismissal
• How to minimise your risk of an unfair dismissal claim.

1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
2. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
3. Keep good records of the volume and reasons for absences;
4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Disability related podcasts:

• Disability Discrimination & Reasonable Adjustments (Episode 005)
• Obesity & Discrimination (Episode 013)
• Disability Discrimination & a Premier League Football Club (Episode 053)
• When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
• The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
• When does an employer have constructive knowledge of disability? (Episode 93)

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: [email protected] or leave a comment below.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

This episode of the podcast it is the start of a mini series on managing sickness absence at work and to start I cover some easy practical tips to reduce sickness absence which you can begin today. 

• Some easy tips to help you to deal with sickness absence.
• Guidance on having clear rules on telephoning in to report sickness absence.
• Training managers to ask the right questions when someone phones in sick.
• Back to work meetings and discussions.
• Self-certification forms and what to include on them.
• The importance of absence recording records.
• Effective ways to manage sick pay.
• How the Bradford Scale can help manage absence.
• Why communication with staff is the key to reducing and managing sickness in your organisation.

1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
2. Review how you record sickness absence in your business or organisation;
3. Look at your sick pay policy and consider amending;
4. Change your self-certification forms;
5. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Wonolo Top 50 Podcasts for HR Professionals

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? 

• The risks if you dismiss an employee for an issue that has previously been dealt with informally.
• A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed.
• A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair.
• The test of reasonableness and why it is relevant to disciplinary decisions.
• Why the manager's behaviour in this scenario could be seen as bullying.
• What you should consider if you are in similar circumstances.
• Double jeopardy or res judicata in respect of employment issues.

1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time;
2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place;
3. Seek advice if you are unsure about the situation.

We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.

Sarkar v West London Mental Health NHS Trust 2010

Christou and another v London Borough of Haringey 2013

Williams v Leeds United Football Club

Episode 108  of the Podcast

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment. 

• The basis in law for the claim.
• The facts of the case.
• A summary of the supreme court decision.
• My thoughts on the case and why this judgement was the outcome.
• Comparison from a 'similar' case in Colorado in the US.

1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees;
2. Get some specific training for staff in Equality & Diversity and update regularly;
3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Lee v Ashers Baking Company Limited - Supreme Court Judgement 

BBC Report on Case

Masterpiece Supreme Court Case from Colorado - CNN news piece

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

• The basis in law for a claim for wrongful dismissal.
• The difference between unfair dismissal and wrongful dismissal.
• The time limits for bringing a claim for wrongful dismissal.
• The potential damages/compensation an employee could receive.
• Why it is important to ensure that your disciplinary procedure is not contractual.
• The impact of a wrongful dismissal claim on post-termination restrictions.

1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
2. Seek advice before dismissing an employee without notice;
3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

In this episode of the podcast I review an interesting case decided by the Employment Appeal Tribunal about time limits and the provision of section 111 of the Employment Rights Act which allows claims to be submitted out of time when not reasonably practicable for the complaint to be presented in time.

• The facts which have led to the appeal.
• Details about the claim form and submission process.
• Jurisdiction issues.
• Section 111 of the Employment Rights Act 1996.
• Considerations for employers when defending claims.

1. If you receive a claim against you carefully check the time limits and timing of the claim.
2. Seek advice if you are unsure about jurisdiction issues.
3. When submitting documents and forms to the Tribunal ensure that you do not leave it to the last minute.
4. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

North East London NHS Foundation Trust v Ms S M Zhou 

Hamling v Coxlease School - EAT 2006 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

In this episode of the podcast I deal with a suggested topic from a podcast listener who emailed to say:

• The protection from detriment provided by Section 44 of the Employment Rights Act 1996.
• Unfair dismissal protection for employees who raise health and safety issues.
• Basic health and safety obligations as set out in the Health & Safety at Work Act 1974.
• Minimum legal requirements.
• How individual Directors, business owners and managers can be liable for health and safety breaches.
• Considerations in respect of mental health and protecting from risks to mental health safety.

1. Check to ensure that you comply with the minimum requirements of the Health and Safety Act Work Act 1974.
2. Review your procedures and policies to ensure they are fit for purpose.
3. Undertake any risk assessments.
4. Ensure that your managers have training and a good understanding of the legal requirements.
5. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Health & Safety Executive Website

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

What can you do about undeclared convictions of existing employees?

In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage.

In this episode I will cover:

• The different rules that apply between Spent and Unspent Convictions.
• When some job roles are exempt from the Spent conviction rules.
• What you need to consider and the risks of dismissing an employee?
• Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction.
• Considerations if you do employ someone with a previous conviction.

Action Points

1. Consider if any of the job roles in your business fall under the Exceptions Order. 
2. Look at how the vetting process works and fits in your organisation.
3. Consider what steps you take to undertake checks and background information about candidates.
4. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

 Rehabilitation of Offenders Act 1974 – Guidance 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.

• Background to the National Minimum Wage Regulations.
• Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations.
• Why this case provides much needed clarity on the issue.
• The facts of the case.

1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.

2. If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.

3. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006