From handling grievances to dealing with harassment, we will show you some of the traps employers can fall into and some simple ways to help you avoid them. This presentation is a must for newcomers to the HR profession and experienced HR practitioners alike. We will deal with the 10 issues we see coming up, time and time again.
Clearly harassment is unacceptable and needs to be dealt with immediately. However, there are also important business reasons for employers to tackle harassment:
• Employers can be vicariously liable for the acts that one employee commits against another;
• Unlike unfair dismissal claims, there is no cap on compensation for harassment at work claims;
• Harassment at work claims do not require qualifying service, and
• Harassment at work claims create unwanted, negative publicity.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
This document summarizes key points from a health law seminar on employment law basics. It discusses major federal employment laws like Title VII, the ADA, and FMLA. It covers what behaviors these laws prohibit, like discrimination and retaliation. It also addresses important employment law topics like hiring practices, compensation, employee discipline, leave policies, and terminations. The document provides guidance on properly documenting personnel issues and managing risk in employee-employer relationships.
Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability.
Presentation to Bristol CIPD, 16 June 2015
Clearly harassment is unacceptable and needs to be dealt with immediately. However, there are also important business reasons for employers to tackle harassment:
• Employers can be vicariously liable for the acts that one employee commits against another;
• Unlike unfair dismissal claims, there is no cap on compensation for harassment at work claims;
• Harassment at work claims do not require qualifying service, and
• Harassment at work claims create unwanted, negative publicity.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
This document summarizes key points from a health law seminar on employment law basics. It discusses major federal employment laws like Title VII, the ADA, and FMLA. It covers what behaviors these laws prohibit, like discrimination and retaliation. It also addresses important employment law topics like hiring practices, compensation, employee discipline, leave policies, and terminations. The document provides guidance on properly documenting personnel issues and managing risk in employee-employer relationships.
Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability.
Presentation to Bristol CIPD, 16 June 2015
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
Employee Privacy Rights: New Developments in the LawEnercare Inc.
The document summarizes recent legal developments regarding employee privacy rights in Canada. It discusses two key court cases - R. v. Cole, which established that employees may have a reasonable expectation of privacy over employer-issued electronic devices if allowed personal use, and Jones v. Tsige, where the Court of Appeal of Ontario recognized a new cause of action for invasion of privacy in the private sector for the first time. The document advises employers to have clear privacy policies, monitor usage, and take corrective action to protect themselves from potential liability for breaching employee privacy.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
Whistleblowing, the Law - Scrase Employment SolicitorsRupert Scrase
Presentation on Whistleblowing, the law given by Scrase Employment Solicitors to the CIPD in Bristol on 16/6/15. Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability. The session explained the law and set out practical steps to minimise the risk.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Pender ems fire manual powerpoint traininggpeditsEMSMedic79
This document summarizes the employee manual for Pender EMS & Fire. It outlines the agenda which includes policies on employee conduct, progressive discipline, time off, and benefits. It provides details on policies regarding harassment, computer use, social media, and attendance. It also describes the recruitment process and guidelines for internal transfers and promotions.
The document provides an overview of how the Affordable Care Act (ACA) will affect employers, including:
1) The individual mandate and employer mandate ("pay or play") provisions are still in effect but some have been delayed, such as the employer mandate being delayed until 2015.
2) The employer mandate applies to "applicable large employers" (ALEs) defined as those with 50 or more full-time equivalent employees.
3) ALEs face penalties under the employer mandate if they do not offer affordable minimum essential coverage to their full-time employees, with different penalties for failing to offer coverage ("A penalty") versus failing to offer affordable/minimum value coverage ("B penalty").
Employment Law 101: From Hiring to FiringRudner Law
This document summarizes employment law concepts related to hiring, employment, and termination. It discusses common myths, notice and severance requirements, hiring processes and agreements, dismissal with and without cause, investigations, and human rights claims. Key points include the importance of proper investigations, progressive discipline, clear policies and agreements, and avoiding discrimination in hiring and firing.
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Mana...PoL Sangalang
This document provides an overview of labor law and human resources (HR) principles using the acronym D.O.C.U.M.E.N.T. It emphasizes the importance of documentation, understanding labor law, mastering HR practices, embracing best practices like written employment contracts, and negotiating disputes with experts. The document also discusses labor-management cooperation and collective bargaining agreements. It aims to help employers and employees have win-win relationships based on good faith, as required by law.
The document outlines an agenda for a seminar on conducting effective internal investigations. It discusses factors to consider in deciding whether to conduct an investigation in-house or outsource it, including objectivity, expertise, and privilege protections. It also covers determining the scope of an investigation, such as which witnesses and documents to examine. The document provides best practices for interviews and evidence collection, including topics to cover in interviews and preserving investigation notes.
Strategic HR: Maximizing Rights & Minimizing LiabilityRudner Law
This document summarizes a presentation on strategic HR and minimizing legal liability. It discusses using employment agreements properly, the different types of dismissals and entitlements, human rights considerations in hiring, accommodation obligations, and implementing effective policies. Key topics covered include using employment agreements before problems arise, the factors for determining common law notice of dismissal, options for dismissal without cause, and the duty to accommodate employees with disabilities.
Understanding Employer Obligations Under Bill 168Enercare Inc.
This document provides information to employers about their obligations under Bill 168 to address workplace violence and harassment. It discusses conducting risk assessments to identify potential sources of violence. The summary is:
Bill 168 places new obligations on employers to proactively prevent workplace violence and harassment. Employers must conduct risk assessments, develop policies and programs, provide training, and review procedures annually. Risk assessments involve collecting information on previous incidents and input from employees to identify factors that could contribute to violence.
This document summarizes key aspects of employment law regarding the hiring process, employee accommodation, dismissal with cause or without cause, and human rights claims. It discusses requirements for non-discriminatory job postings and accommodation in hiring. When dismissing employees, employers must establish just cause or provide reasonable notice or pay in lieu of notice. Dismissals cannot be based on protected grounds and performance issues require clear standards, communication, and opportunities for improvement. Investigations of potential dismissals must be fair, objective and thorough.
How to Effectively Fire Problem Employees and LEGALLY Win Labor Cases.PoL Sangalang
A Survival Guide to Philippine Labor Law for Business Owners and Managers. How to Avoid Costly Illegal Dismissal Cases. By Atty. PoL Sangalang, Business Lawyer & Legal Coach Philippines.
The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
The document provides an overview of employment and labor law in Ireland regarding the termination of employment. It discusses:
1) Employers generally need a reason to lawfully terminate employment, with potential fair reasons including conduct, capability, redundancy, or other substantial grounds.
2) Additional notification and consultation obligations apply for large-scale ("collective") redundancies over certain thresholds.
3) Protections for employees also apply in the context of a business sale, such as under the European Acquired Rights Directive.
4) Minimum statutory notice periods are required, ranging from one to eight weeks depending on length of service.
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
Employee Privacy Rights: New Developments in the LawEnercare Inc.
The document summarizes recent legal developments regarding employee privacy rights in Canada. It discusses two key court cases - R. v. Cole, which established that employees may have a reasonable expectation of privacy over employer-issued electronic devices if allowed personal use, and Jones v. Tsige, where the Court of Appeal of Ontario recognized a new cause of action for invasion of privacy in the private sector for the first time. The document advises employers to have clear privacy policies, monitor usage, and take corrective action to protect themselves from potential liability for breaching employee privacy.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
Whistleblowing, the Law - Scrase Employment SolicitorsRupert Scrase
Presentation on Whistleblowing, the law given by Scrase Employment Solicitors to the CIPD in Bristol on 16/6/15. Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability. The session explained the law and set out practical steps to minimise the risk.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Pender ems fire manual powerpoint traininggpeditsEMSMedic79
This document summarizes the employee manual for Pender EMS & Fire. It outlines the agenda which includes policies on employee conduct, progressive discipline, time off, and benefits. It provides details on policies regarding harassment, computer use, social media, and attendance. It also describes the recruitment process and guidelines for internal transfers and promotions.
The document provides an overview of how the Affordable Care Act (ACA) will affect employers, including:
1) The individual mandate and employer mandate ("pay or play") provisions are still in effect but some have been delayed, such as the employer mandate being delayed until 2015.
2) The employer mandate applies to "applicable large employers" (ALEs) defined as those with 50 or more full-time equivalent employees.
3) ALEs face penalties under the employer mandate if they do not offer affordable minimum essential coverage to their full-time employees, with different penalties for failing to offer coverage ("A penalty") versus failing to offer affordable/minimum value coverage ("B penalty").
Employment Law 101: From Hiring to FiringRudner Law
This document summarizes employment law concepts related to hiring, employment, and termination. It discusses common myths, notice and severance requirements, hiring processes and agreements, dismissal with and without cause, investigations, and human rights claims. Key points include the importance of proper investigations, progressive discipline, clear policies and agreements, and avoiding discrimination in hiring and firing.
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Mana...PoL Sangalang
This document provides an overview of labor law and human resources (HR) principles using the acronym D.O.C.U.M.E.N.T. It emphasizes the importance of documentation, understanding labor law, mastering HR practices, embracing best practices like written employment contracts, and negotiating disputes with experts. The document also discusses labor-management cooperation and collective bargaining agreements. It aims to help employers and employees have win-win relationships based on good faith, as required by law.
The document outlines an agenda for a seminar on conducting effective internal investigations. It discusses factors to consider in deciding whether to conduct an investigation in-house or outsource it, including objectivity, expertise, and privilege protections. It also covers determining the scope of an investigation, such as which witnesses and documents to examine. The document provides best practices for interviews and evidence collection, including topics to cover in interviews and preserving investigation notes.
Strategic HR: Maximizing Rights & Minimizing LiabilityRudner Law
This document summarizes a presentation on strategic HR and minimizing legal liability. It discusses using employment agreements properly, the different types of dismissals and entitlements, human rights considerations in hiring, accommodation obligations, and implementing effective policies. Key topics covered include using employment agreements before problems arise, the factors for determining common law notice of dismissal, options for dismissal without cause, and the duty to accommodate employees with disabilities.
Understanding Employer Obligations Under Bill 168Enercare Inc.
This document provides information to employers about their obligations under Bill 168 to address workplace violence and harassment. It discusses conducting risk assessments to identify potential sources of violence. The summary is:
Bill 168 places new obligations on employers to proactively prevent workplace violence and harassment. Employers must conduct risk assessments, develop policies and programs, provide training, and review procedures annually. Risk assessments involve collecting information on previous incidents and input from employees to identify factors that could contribute to violence.
This document summarizes key aspects of employment law regarding the hiring process, employee accommodation, dismissal with cause or without cause, and human rights claims. It discusses requirements for non-discriminatory job postings and accommodation in hiring. When dismissing employees, employers must establish just cause or provide reasonable notice or pay in lieu of notice. Dismissals cannot be based on protected grounds and performance issues require clear standards, communication, and opportunities for improvement. Investigations of potential dismissals must be fair, objective and thorough.
How to Effectively Fire Problem Employees and LEGALLY Win Labor Cases.PoL Sangalang
A Survival Guide to Philippine Labor Law for Business Owners and Managers. How to Avoid Costly Illegal Dismissal Cases. By Atty. PoL Sangalang, Business Lawyer & Legal Coach Philippines.
The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
The document provides an overview of employment and labor law in Ireland regarding the termination of employment. It discusses:
1) Employers generally need a reason to lawfully terminate employment, with potential fair reasons including conduct, capability, redundancy, or other substantial grounds.
2) Additional notification and consultation obligations apply for large-scale ("collective") redundancies over certain thresholds.
3) Protections for employees also apply in the context of a business sale, such as under the European Acquired Rights Directive.
4) Minimum statutory notice periods are required, ranging from one to eight weeks depending on length of service.
Eighteen months on from its introduction, the Labor Government’s Fair Work Act continues to create challenges for SME employers, many of whom are still struggling to understand the implication of new National Employment Standards, the new Modern Awards regime and changes to rules around redundancy provisions, unfair dismissal and bargaining.
In this presentation, industrial relations lawyer Patricia Ryan will look at the key areas that SMEs are still coming to grips with, and provide advice on in range of areas.
Browne Jacobson HR for Education 2017 - Workshop 2B - Employment law masterclassBrowne Jacobson LLP
This document summarizes an employment law masterclass on whistleblowing, employment status, and settlement agreements. On whistleblowing, it discusses when disclosures are protected and tricky areas like complaints. On employment status, it explains the categories of employees, workers, and independent contractors and implications of the growing gig economy. On settlement agreements, it outlines requirements like being agreed through ACAS and statutory claims that cannot be settled. It also discusses common issues like tax treatment, confidentiality clauses, and approval needs for academies.
Preventing employment claims: Dealing with the Three Amigos: Unfair Dismissal...Tebony Justins
Our Employment, Industrial Relations and Safety expert Murray Procter presented the second #CKBusinessBites seminar for 2018 on Preventing Employment Claims
This document discusses various human resource management topics related to employee discipline and termination. It covers discipline procedures like warnings, appeals, and dismissal. It also discusses types of termination such as resignation, retirement, layoffs, and exit interviews. The key points are that discipline aims to correct behavior and develop employees, there are formal procedures to issue warnings and appeals for discipline cases, and termination can be voluntary, involuntary, or mutual depending on the situation and employee rights.
Unit 201 Employee Rights & Responsibilities rfelters
This document discusses employment rights and responsibilities legislation in the United Kingdom. It covers the main pieces of legislation such as the Employment Rights Act 1996, the Employment Relations Act 2004, and the Employment Act 2008. It describes the key rights and responsibilities outlined in these acts, such as minimum wage, holiday and sick leave, maternity and paternity leave, and protections against unfair dismissal. The document also discusses requirements for providing statements of employment and equality and diversity policies in the workplace.
IGNITE your.... Employing your first employee, the laws Clive DobbinAlan Scrase
Presenter – Clive Dobbin, a member of the management committee of the Employment Lawyers Association, and is the representative of the Employment Lawyers Association on the council of the Law Society of England and Wales, will be presenting on:
“Employing your first employees - what you need to know”
Paris Smith LLP is one of the largest regional law firms in Central Southern England, based in landmark offices in Southampton. Here Clive is the head of the employment department, and he specialises in all aspects of employment law. He has a particular expertise in advising on issues concerning the Transfer of Undertakings (Protection of Employment) Regulations ( "TUPE"), the employment issues arising from buying and selling businesses, the exit of senior employees (including advising on the share issues arising from such exits) together with advising on employment tribunal claims.
This document offers invaluable help you if you're not sure what do you do if faced with redundancy. Once the initial shock is over, there is a stack of things to consider, including your rights and your future career direction. Don't worry - there's plenty of assistanceout there if you know where to look!
This document discusses common HR compliance pitfalls and provides guidance in 10 key areas: 1) employee vs. contractor classification; 2) Fair Labor Standards Act compliance including exempt status and unpaid internships; 3) the at-will employment doctrine; 4) proper I-9 and E-Verify procedures; 5) ensuring complete terms of employment documentation; 6) maintaining proper personnel files; 7) developing anti-harassment policies and training; 8) avoiding biases in recruiting and interviewing; 9) conducting lawful exit processes; and 10) maintaining updated employee handbooks through regular reviews and training. The document provides an overview of compliance requirements and recommendations in each of these 10 areas.
The following checklist is intended as a good practice guide for making redundancies. It does not provide precise guidelines as circumstances may vary from one workplace to another. If you are unsure of the correct procedural requirements, you should obtain industrial relations or legal advice.
1. The document discusses various topics related to managing employee discipline, including legalities and policies, procedures for discipline processes, handling issues like insubordination and absenteeism, and creating a positive work environment.
2. It provides guidance on disciplinary procedures and establishing clear rules and communicated expectations for employees.
3. The document also covers types of employee termination like termination of probationary employees and procedures for termination due to poor performance or absenteeism that comply with employment laws.
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
Five things every growing business owner should know about employment lawBlandsLaw
- Five things every growing business owner should know about employment law -
We’re not talking about your expanding waistline (you look great). We're talking about the five essential things that you need to know about employment law – your obligations as an employer, and protection for your business – as your business grows.
A sound understanding of these essentials will minimise your risk (and cost) of non-compliance with workplace laws.
This webinar, hosted by Christine Broad, covers:
- Contracts and policies – the different types of employment contracts and the must-have policies for any employer
- Performance management – regular review and ongoing management of performance make good business sense, and help minimise claims of bullying or unfair dismissal. Our top tips on how to do this and how the process changes as your business grows
- Termination / Unfair dismissal – how to manage termination of employment properly
- Recent case law that impacts employers around sham contracting, social media and others
Doing things correctly from the get-go means good business habits and employment procedures are in place as you expand. Upwards, not outwards ;)
For further details on BlandsLaw's 2013 series on workplace law issues, visit www.blandslaw.com.au
BlandsLaw webinar: Five things every growing business owner should know about...Jan Decomps
Five things every growing business owner should know about employment law
We’re not talking about your expanding waistline (you look great). We're talking about the five essential things that you need to know about employment law – your obligations as an employer, and protection for your business – as your business grows.
A sound understanding of these essentials will minimise your risk (and cost) of non-compliance with workplace laws.
This webinar, hosted by Christine Broad, covers:
Contracts and policies – the different types of employment contracts and the must-have policies for any employer
Performance management – regular review and ongoing management of performance make good business sense, and help minimise claims of bullying or unfair dismissal. Our top tips on how to do this and how the process changes as your business grows
Termination / Unfair dismissal – how to manage termination of employment properly
Recent case law that impacts employers around sham contracting, social media and others
Doing things correctly from the get-go means good business habits and employment procedures are in place as you expand. Upwards, not outwards ;)
For further details on BlandsLaw's 2013 series on workplace law issues, visit www.blandslaw.com.au
This document summarizes the key points from a presentation on employment law regarding discipline and dismissal. It discusses the two types of dismissal (with or without cause), entitlements for employees dismissed without cause such as notice periods or severance pay, and factors for determining reasonable notice periods. It also outlines what employers must demonstrate for dismissals deemed "for cause" related to misconduct or performance issues. Specific examples of threats, violence and off-duty conduct that could warrant discipline are mentioned. The importance of a fair investigation process prior to dismissal is stressed.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2014, and what they teach about managing your workforce – together with our practical tips.
Also hear about what is coming up in 2015, and how you can get ready for what will be another busy year in employment law.
Topics that are covered include:
• changes to TUPE
• changes to flexible working
• shared parental leave
• the holiday pay cases
• equal pay audits
• social media
• zero hours contracts
• discrimination update
• what’s coming up in 2015.
Similar to Top ten employment law tips scrase employment solicitors 180516 (20)
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
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The Work Permit for Self-Employed Persons in Italy
Top ten employment law tips scrase employment solicitors 180516
1. Top 10 Employment Law Tips
Rupert Scrase & Martin Augustus
Scrase Employment Solicitors
2. Scrase Employment Solicitors
Training from experience
In house company training
Practical straightforward advice
Employment Law Advice through
fixed rate for projects, eg. updating handbooks
hourly rate, or
Employment Law Advice Agreement (ELAA)
3. ELAA
• Key benefits of annual ELAA are:
Employment law advice on phone, email or in person
Preparation and representation in Employment
Tribunal
Drafting of settlement agreements
Checking of employment related documentation
4. Number 10 – Understanding Notice
• The Employment Rights Act sets out the minimum
notice that an employee must receive when their
employment is terminated
• Up to a maximum of 12 weeks’ notice after 12 years
• The statutory minimum can be increased by the
contract of employment (but not decreased)
• If an employee is dismissed while off sick not
receiving pay, they are entitled to be paid during
notice (unless their contractual notice is at least one
week more than their statutory entitlement)
5. Number 10 – Understanding Notice
• A contract of employment may or may not contain a
payment in lieu of notice (PILON) clause
• If there is a PILON clause, the PILON must be taxed
• No PILON clause = no legal entitlement to make a
payment in lieu of notice. Technically if you pay
PILON without a PILON clause you are in breach of
contract and are making a damages payment
• NB. Breach of contract (i.e. no PILON clause) may
release an employee from post-termination
restrictions
6. Number 10 – Understanding Notice
• The EDT will always be the last day on which the
employee worked, even if they receive PILON
• Unusually, statutory redundancy payments are
calculated using the date employment would have
ended if a period of statutory notice had been
worked
• (NB. Although there may be no requirement to give
notice to end a fixed term contract, it is a ‘dismissal’
at law. You must follow a reasonable procedure if the
employee has more than 2 years’ service)
7. Number 9 - Relocation
• Unless it is permitted by the terms of the
employment contract, employers cannot require
employees to change location
• If an employer no longer requires work to be carried
out in a particular location then employees will be
redundant unless there is an express relocation
clause in the contract. This because the statutory
definition of redundancy focuses on the place where
the employee is employed
8. Number 9 - Relocation
• Even where an employment contract contains a
relocation clause, there remains an obligation on the
employer to act reasonably:
– Provide the employee with plenty of notice
– Provide the employee with relocation assistance
• NB. If you are going through a redundancy process, it
is good practice to have 3 individual consultation
meetings over 2 weeks. There are also different
obligations for collective consultation (20 +
employees)
9. Number 8 – Handling Grievances
• “Grievances are concerns, problems or complaints
that employees raise with their employers.” (ACAS
Code of Practice on Disciplinary and Grievance
procedures)
• Often grievances can be dealt with informally but if it
is made in writing then the employer must seriously
consider following grievance procedure
• An ET can adjust compensation by up to 25% either
way if either an employer or employee unreasonably
fails to comply with the ACAS code
10. Number 8 – Handling Grievances
• Send a letter inviting the employee to a meeting with
the right to be accompanied
• Hold a meeting with the employee to discuss the
grievance
• Decide on the action to take (normally after
investigation following meeting) and communicate to
the employee
• Appeal to an impartial person, not previously
involved in the matter
11. Number 8 – Handling Grievances
• What if grievances are raised by 2 or more employees by a
representative of a trade union?
• What if an employee raises a potentially serious matter (such
as bullying or harassment) but asks that it is not taken
further?
• What if an employee raises a grievance while a disciplinary
procedure is ongoing?
• Can a resignation letter be a grievance?
• What if a former employer raises a grievance after their
employment has ended?
12. Number 7 – Whistleblowing
• The law protects whistleblowers if an employee
dismisses them or subjects them to a detriment
• No 2 year qualifying period and no limit on
compensation
• There is no longer a ‘good faith’ requirement
• A disclosure does not have to state that “I am making
a whistleblowing disclosure…..”
• A disclosure could be made orally or informally in
writing such as an email or text
13. Number 7 – Whistleblowing
• Although the law does not specifically require it, it is
good practice for an employer to have a
whistleblowing policy
• Bribery Act 2010 states is a criminal offence if an
organisation fails to prevent bribery. A defence is if
had in place ‘adequate measures’ which could
included an effective whistleblowing policy that
encourages the reporting of bribery
• Confidentiality clauses to try to prevent protected
disclosures are unenforceable
14. Number 6 – Handling Employee Data
• Is employee data safe?
– Is employee data held on laptops, tablets, data-sticks or
other removable media?
• If yes, is the data encrypted?
• Encryption is more than merely a password protecting
access to a laptop, tablet or an individual document
– Are passwords changed regularly?
– Have staff been trained on how to identify cyber
crime such as “phishing” emails?
15. Number 6 – Handling Employee Data
• Does your organisation have in place a procedure to
deal with subject access requests under the data
protection act?
• Are employees informed how the data you collect
will be used?
– In fair processing notice or the employee’s contract of
employment?
– Monitoring of email and telephone use
– Sensitive personal data
16. Number 6 – Handling Employee Data
• Where is employee data actually held?
– Cloud storage systems
• Do you transfer any personal data to the US? In
October 2015, the EU deemed that the ‘safe
harbour’ arrangements were no longer valid
although a new agreement called EU- US Privacy
Shield is likely to be put in place
– If relying on existing contractual clauses, data can still be
transferred to the US but the UK sender will have to
evaluate whether the US recipient will properly safeguard
the data
17. Number 6 – Handling Employee Data
• Social media
– Does your organisation monitor employee’s social media
posts?
– Are social media posts considered as part of the
recruitment process?
– Does your organisation’s social media policy cover
employee’s private as well as work posts?
– Who owns social media accounts?
18. Number 5 – Automatically Unfair Dismissal
• If an employee brings a claim for “ordinary” unfair
dismissal then an ET will apply a test of
reasonableness
• This test does not apply if the dismissal is for one of
the “automatically” unfair reasons
• (in almost all cases) the 2 year qualifying rule does
not apply
19. Number 5 – Automatically Unfair Dismissal
• In some cases the upper limit on the compensatory
payment (from 6.4.16 the lower of £78,962 or 52
weeks’ pay) does not apply.
– Dismissal for a health and safety reason
– Dismissal for making a protected disclosure
(whistleblowing)
– Selection for redundancy for either of the above
20. Number 5 – Automatically Unfair Dismissal
Pregnancy or
childbirth or with
SML, SPL, SAL, ShPL
etc
Health and safety Shop and betting
workers refusing to
work on Sundays
Working Time
Regulations
Function as an
occupational
pension trustee
Function as an
employee rep
(TUPE and
Redundancy)
Making a protected
disclosure
(whistleblowing)
Asserting a
statutory right
Asserting rights
relating to Flexible
working
Asserting rights
relating to National
Minimum Wage
Asserting rights
under Working Tax
Credits
Blacklisting
21. Number 5 – Automatically Unfair Dismissal
Connected to time
off for study or
training
Jury service Duties as an
employee rep in
relation to
Information and
Consultation
Status as a part-
time worker
Status as a fixed-
term employee
In relation to union
recognition
Taking protected
industrial action
Pension auto-
enrolment
Redundancy on the
grounds of any of
the above
22. Number 4 – Ill Health Dismissals
• Capability is potentially a fair reason for dismissal
• However, dismissal will be unfair if an employer does
not follow a proper procedure which may include:
– Considering prospect of employee returning to work
– The effect of the employee’s absence on other employees
– Considering alternative employment
– Whether contractual sick pay has been exhausted
(employer will normally have to wait)
23. Number 4 – Ill Health Dismissals
• Disability discrimination
– Includes failure to make a reasonable adjustment
• Obtain an up-to-date medical report (a report that is
more than a few months old is likely to be out of
date)
• Consider whether there are any reasonable
adjustments that could be made that would allow
the employee to return to work
• Contact Access to Work
24. Number 4 – Ill Health Dismissals
• Consult the employee and again consider any
reasonable adjustments that could be made
• Give the employee plenty of warning that they may
be dismissed if no alternative can be found
• NB. Take specific employment law advice if
employees have the benefit of PHI (Permanent
Health Insurance). This is because the courts may
imply a term preventing dismissal if the dismissal
would deprive the employee of benefits they would
otherwise be entitled to
25. Number 3 – Dealing With Harassment
• Does your organisation have a procedure for dealing
with harassment at work?
• Are there provisions that deal with the possibility
that the harasser is the line manager?
• Is the policy separate from the grievance procedure?
26. Number 3 – Dealing With Harassment
• Do employees receive training aimed at preventing
harassment at work as part of their induction and at
regular intervals
• Employers can be held liable for acts of their
employees, even if they are unaware of the act or do
not condone the act
• Does your organisation carry out equality
monitoring?
– Are statistics available regarding the background
population for the area in which your organisation is
located?
27. Number 3 – Dealing With Harassment
• An employer can defend a claim that it is liable for
acts of harassment, committed by its employees if it
can show that;
– It took all reasonable steps to prevent the
employee from
• Doing that thing;
• Doing anything of that description
28. Number 2 – Constructive Dismissal
• An employee terminates the contract (with or
without notice) in circumstances in which he is
entitled to terminate it without notice by reason of
the employer's conduct
• Resignation must be in response to a ‘repudiatory
breach of contract’. Employee may resign because of
an anticipatory breach
• Once it has been committed, a repudiatory breach
cannot be cured (it may be possible to cure an
anticipatory breach)
29. Number 2 – Constructive Dismissal
• Resignation could be in response to a single act or it
could be the ‘final straw’ in a series of action, each of
which taken alone may be minor
• Examples:
– Changing salary or other terms and conditions
– Changing job title (director, executive, manager)
– Excessive workload
– Failing to adequately deal with a grievance or bungling a
disciplinary matter
– Intolerable working environment
30. Number 2 – Constructive Dismissal
• Employee must resign in response to the breach of
contract
• Must resign quickly (although working a notice
period would usually not damage and employee’s
claim)
• In effect, a duty on the employer to treat employees
nicely
31. Number 1 – Everything Else
• Remember to always consider indirect sex
discrimination if dealing with a flexible working
request from a woman with childcare responsibilities
• Write every letter as though an Employment Judge is
looking over your shoulder. Try to write concisely
using plain language; avoid using jargon and EAALO
(explain acronyms at least once)
• Use page numbers and number paragraphs (it makes
it easier to find important detail if matters end up in
tribunal)
32. Number 1 – Everything Else
• Remember that every email that you write, every
text message that you send and every instant
message is retained and can be disclosable in
tribunal
• We tend to treat email as an informal medium, like a
conversation but it is no different to sending a letter
• Good practice to draft important or sensitive emails
first and put the recipients in last
33. Number 1 – Everything Else
• HR’s role in disciplinary proceedings (Ramphal v DfT)
– An investigation into alleged expenses misuse by a
manager inexperienced in disciplinary matters
– The manager’s initial view was partly critical but also found
that abuse had not been deliberate – recommended a final
warning
– 6 months of communication between HR and the
investigator
34. Number 1 – Everything Else
• Favourable comments were removed and replaced
with critical ones – overall view of culpability became
one of gross negligence and recommended sanction
became gross misconduct
35. Number 1 – Everything Else
• HR should limit advice to questions of law, procedure
and process
• Avoid straying into the area of culpability
• HR should not advise on the appropriate sanction,
outside of addressing issues of consistency
• Significant HR influence could compromise fairness
36. Thank you
We run regular employment law updates.
The next update, with a masterclass on employment
contracts, will take place on 28 June 2016.
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Scrase Law Limited t/a Scrase Employment Solicitors. Whilst every effort has been
made to ensure the accuracy of these notes, the information contained within
them is not comprehensive and does not constitute ‘advice’. You should not take
action without first seeking professional advice.