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XpertHR podcast 8 Sept 2017
September 07, 2017 07:20 AM PDT
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In the recent decision in Agoreyo v London Borough of Lambeth, the High Court held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee. Nicky Green, professional support lawyer at Capsticks, explains why this case is an important reminder of the steps an employer should take before deciding whether or not to suspend an employee. Nicky also discusses the process that an employer should follow when it decides that suspension is necessary and appropriate.

Presenter Fiona Cuming is joined by Nicky Green.

Podcast: Handling grievances
August 31, 2017 03:38 AM PDT
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Employers have a degree of flexibility when deciding how to deal with employee grievances. We look at how to take a common sense approach to grievances, including when to take informal action, what to do if employees are reluctant to get involved with a formal procedure, and the potential outcomes to consider.

Presenter Qian Mou is joined by Susie Munro.

Podcast: Constructive dismissal explained
August 24, 2017 05:55 AM PDT
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Employers continue to be confused by the concept of constructive dismissal. Max Winthrop, employment partner at Short Richardson & Forth LLP, explains constructive dismissal, including: what action on the part of an employer may entitle an employee to resign; the level of connection required between the employer's actions and the employee's resignation; and strategies for defending a constructive dismissal claim in the employment tribunal.

Podcast: Dealing with covert recordings
August 17, 2017 06:53 AM PDT
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Employers are increasingly required to deal with employees covertly recording disciplinary and grievance meetings. With the prevalence of sophisticated recording devices, including mobile phones, this trend is likely to continue. In this week's podcast, we discuss how an employer should deal with covert recordings.

In particular we look at the cases of Punjab National Bank (International) Ltd and others v Gosain and Zia and others v Brighton University Foundation Trust and others and offer practical advice for employers to follow.

Presented by Laura Merrylees and Zuraida Curtis.

Podcast: Holiday pay includes voluntary overtime
August 10, 2017 06:29 AM PDT
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In the recent decision in Dudley Council v Willets and others, the Employment Appeal Tribunal found that regular voluntary overtime carried out by employees should be included in the calculation of holiday pay. Nick Chronias, employment partner at DAC Beachcroft LLP, explains the legal implications of the decision for employers. We go on to discuss what employers should be doing differently as a result of the decision.

Presenter Jeya Thiruchelvam is joined by Nick Chronias.

Podcast: The abolition of employment tribunal fees
August 03, 2017 07:25 AM PDT
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In a landmark judgment on 26 July 2017, the Supreme Court, in the case of R (on the application of Unison) v Lord Chancellor, found that employment tribunal fees prevented access to justice and were unlawful. Laurie Anstis, employment lawyer and part-time employment judge, takes us through what this judgment means for employers including the likely short-term and long-term implications.

Podcast: Training line managers in absence management
July 27, 2017 03:21 AM PDT
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We discuss how employers are training managers to deal with this important issue.

Podcast: The Taylor review
July 20, 2017 04:01 AM PDT
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Fiona Rushforth, senior associate at law firm Wedlake Bell, joins us to discuss the key principles and recommendations of Matthew Taylor's review of modern employment practices. We look at what this review means for employers and in particular, we discuss the following recommendations: the renaming of worker status to dependent contractor status; changes to the worker status test; closing the loophole that allows agency workers to be paid less than employees doing the same job; the calculation of pay in the gig economy; the payment of a higher national minimum wage for non-guaranteed hours in a contract; and tribunal fees and the enforcement process for awards.
Presenter Laura Merrylees is joined by Fiona Rushforth.

Podcast: Managing an underperforming employee
July 13, 2017 06:20 AM PDT
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In this week's podcast, we look at how employers can manage poorly performing employees in an effective and proactive manner.

In particular, we cover: giving feedback to underperforming employees;
the standard of performance that is expected of employees; following a fair performance management process; and redeployment in the context of poorly performing employees.

We also briefly look at Matthew Taylor's review of modern employment practices.

Presenter Jeya Thiruchelvam is joined by XpertHR consultant editor Darren Newman.

Podcast: Case law update
July 06, 2017 04:17 AM PDT
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We provide a mid-year round-up of high profile employment cases in 2017.

We discuss two disability discrimination cases relating to absence management (O'Brien v Bolton St Catherine's Academy) and recruitment (Government Legal Service v Brookes).

We also look at one of the first employment tribunal cases relating to shared parental pay (Ali v Capita Customer Management Ltd) and two European Court of Justice cases on religious dress (Achbita and another v G4S Secure Solutions and Bougnaoui and another v Micropole SA).

We finish by flagging up some upcoming cases in 2017 involving whistleblowing, the gig economy and employment status, and discuss the outstanding decisions regarding the tribunal fees regime and carrying over annual leave.

Presented by Ellie Gelder and Laura Merrylees.

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