XpertHR Weekly

On this week's XpertHR Weekly, we discuss how to manage bank holidays and the entitlement of part-time employees; employees on maternity leave; and employees on long-term sick leave. We also discuss how employers should deal with a request for compressed hours (including their obligations around considering a flexible working request) and the issues around implementing a compressed hours request.

On this week's XpertHR Weekly, we discuss how compensation is calculated in discrimination cases and the Employment Appeal Tribunal decision in HM Land Registry v McGlue EAT/0435/11, in which it provided guidance on remedies in discrimination claims, including injury to feelings awards and aggravated damages. We also discuss the importance of setting pay at the correct level and what role salary surveys can play in the pay-setting process.

On this week's XpertHR Weekly, we provide guidance on: the limits on weekly working hours; how to calculate a worker's average working hours; the process for opting out of the 48-hour week; what a manager should discuss with a worker when requesting that he or she opts out of the 48-hour week; and the law on overtime including when a worker is entitled to receive overtime pay or time off in lieu.

On this week's XpertHR Weekly, we discuss illegality-related dismissals. We discuss Winful v Whitbread Group plc ET/1200367/2011, in which the employer dismissed a foreign worker who lost her right to work in the UK and Cook v Wilson James Ltd ET/2204972/2011, in which the employer dismissed a security supervisor who did not have the required security licence.

On this week's XpertHR Weekly, we discuss bullying in the workplace, focusing on the different types of bullying and the practical steps that employers can take to create an anti-bullying culture. These steps include: obtaining insight into an organisation's culture; ensuring good value-based leadership; having an effective bullying policy that is communicated and promoted effectively; giving line managers relevant training; and appointing anti-bullying champions.

On this week's XpertHR Weekly, we discuss the Employment Appeal Tribunal (EAT) decision in Walker v Sita Information Networking Computing Ltd EAT/0097/12. In Walker, the EAT considered whether or not an obese employee, who suffered from multiple symptoms that could not be attributed to a recognisable physical or mental cause but were regarded as being compounded by the employee's obesity, was disabled for the purposes of disability discrimination legislation.

On this week's XpertHR Weekly, we discuss changes to the collective redundancy consultation rules, which come into force on 6 April 2013. We also discuss two employment tribunal decisions in which employees pursued claims under reg.4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), claiming that they had suffered a substantial change in their working conditions to their material detriment following a TUPE transfer.

On this week's XpertHR Weekly, we discuss the implications for reward practitioners of the announcements made in Budget 2013, including the new tax-free childcare scheme that will be available from autumn 2015. We also look at the key considerations for pay professionals when conducting pay reviews, including how to use inflation statistics in pay setting.

On this week's XpertHR Weekly, we discuss the employment tribunal decision in Trasler v B&Q Ltd ET/1200504/2012, in which the employee was unfairly dismissed for making derogatory comments on Facebook about his workplace, and the decision in Weeks v Everything Everywhere Ltd ET/2503016/2012 in which the employee was fairly dismissed after making threats on Facebook to a colleague and frequent references to his workplace as "Dante's Inferno".

On this week's XpertHR Weekly, we discuss disciplinary warnings and the decision in Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135 CA, in which the Court of Appeal reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate.

On this week's XpertHR Weekly, we discuss the results of the XpertHR survey on using social media in recruitment, including: how employers are incoporating social media into their recruitment strategies; the most popular social media platforms among employers; and the legal pitfalls connected to the use of social media in recruitment including in relation to its use to conduct searches on potential candidates. We also discuss the changes to parental leave that came into effect on 8 March 2013.

On this week's XpertHR Weekly, we discuss employers' rights and obligations in relation to carrying out drug tests on employees. We look at a recent case, Cosgrove v Kuehne and Nagel Ltd ET/1200413/2012, in which the employment tribunal considered a situation where an employer dismissed an employee following a positive drug test although the employee displayed no signs of being under the influence of drugs.

On this week's XpertHR Weekly, we discuss various findings from the 2013 XpertHR survey on HR roles and responsibilities, including: the ratio of HR practitioners to employees, how the ratio has changed and the reasons for the change; and the current priorities of HR among private- and public-sector employers, how priorities differ according to sector and how they have changed.

On this week's XpertHR Weekly, we provide guidance on how to handle an underperforming employee, including: a suggested procedure for handling performance issues; the importance of giving feedback and how to deliver it in a constructive manner; possible barriers to effective performance; and what to do where the employer has failed to tackle underperformance previously.

On this week's XpertHR Weekly, we discuss gender good practice. We are joined by special guest, equality and diversity consultant and author of the XpertHR gender good practice guide, Shelagh Prosser, who shares her thoughts on the main barriers to gender equality including gender bias, occupational segregation and resistance to flexible working, and the practical steps that employers can take to tackle these barriers. We also discuss the progress that has been made since sex discrimination was made unlawful and the business benefits of creating an inclusive workplace.

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