05/03/2010We are noticing a definite increase in the number of retirement unfair dismissal claims - and many seem to be arising because employers are trying to be kind to retiring staff, and then making procedural mistakes.
Remember that if you decide to extend an employee's retirement date more than six months beyond the original date on which they were due to retire, you must reissue the retirement letter, and give another right to request continued working. Some employers are only going over this six month limit by a few days, but the effect is the same - the tribunal can look behind the retirement reason for dismissal and you may find you cannot defend claims.
Remember to keep an eye on the dates in retirement procedures, including any extensions of the retirement date.
This problem is more likely to arise where there is a series of extensions - so if possible decide at the outset how long you will retain the employee, so you can plan the issue of another letter if this is more than six months past the retirement date.
However - avoid indefinate extensions, as you may then lose the right to issue a new notice of intended retirement.
Let us know if you have encountered any of these issues - and how you have dealt with them...
03/03/2010
A study of the UK jobs market by Markit on behalf of the Recruitment and Employment Confederation and KPMG has reported the biggest growth in new permanent staff positions for two and a half years.
According to the study, more full-time jobs were advertised last month than at any time since July 2007 and demand for more staff has now grown for five consecutive months.
Bernard Brown, partner and head of business services at KPMG explained that sectors such as IT and computing, as well as engineering and construction were leading the growth in new job creation.
Despite the optimistic statistics, the report warned of future job losses in the public sector following the expected cuts in public spending after this years general election.
The report is compiled using figures from 400 employment consultancies.
02/03/2010
Well, we are approaching lambing season and it seems staff at the BBC are being offered for sacrifice in an attempt to cut expenditure and achieve a reputation of value for money which has eluded the BBC for so long now.
The BBC has today announced to staff that, as part of a general strategy review, it will be closing 6 Music and Asian Network radio stations and halving its websites. Unions have criticised the move as a cynical political ploy. That it might be and I suspect that without addressing the "fat cat" salaries at the top, the reputation of the BBC is unlikely to improve with these cost cutting exercises.
The unions have already threatened strikes and other industrial action...a summer of discontent may well follow lambing season... 25/02/2010
A committee of the European Parliament has agreed legislation to extend maternity leave across Europe to 20 weeks on full pay.
Current European rules give women 14 weeks fully paid maternity leave.
In the UK, women are allowed to take a whole year of maternity leave with payment broken down as follows: the first six weeks on 90% pay, followed by 33 weeks on Statutory Maternity Pay (currently £123.06 per week). The rest of the leave is unpaid.
The proposal has faced criticism from UK employers who are already struggling with the economic downturn without having further financial liabilities.
The 20-week proposals will now go before the full European Parliament in early March. 24/02/2010
It has been impossible to avoid the news stories this week about Gordon Brown's alleged bullying of junior colleagues. We have heard reports of angry shouting and kicking furniture, contrasted with his supporters' accounts of a passionate leader who expects excellence.
Regardless of the truth behind the stories, this is a timely reminder of the importance of ensuring that no employee feels bullied at work. Following Alison's post yesterday, it is key in ensuring that businesses retain the right employees - not necessarily the ones who shout the loudest.
A significant proportion of people believe they have been bullied at work. This doesn't just mean shouting and obvious abuse - it can be more subtle, including eroding a person's control over their work, continually being over critical, or setting expectations that the employee cannot reasonably meet. Likewise, employees who witness the bullying will also become stressed and demoralised.
Although not all bullied employees feel able to take the risk of resigning and bringing a constructive dismissal claim, with all the financial and other uncertainty that brings, they will look for employment elsewhere, losing you valuable talent and probably earning you the reputation of not being a good place to work.
There are simple ways to avoid this:
- have in place anti-bullying and anti-harassment policies - buddy has one you can easily adapt for your business
- make sure the whole business buys into this ethos, from the top down - those who are bullied often do the same to their subordinates
- create an environment where people feel able to raise concerns and know they will be dealt with
- if you witness bullying, step in early to intervene - it will be much less painful in the long run
The difference between a strong leader and a bully is often one of perception, and it is important that while the former is encouraged, businesses don't lose out because they fail to deal with issues as they arise.
23/02/2010
The 2010 National Management Salary Survey undertaken by the Chartered Management Institute (CMI) and XpertHR has revealed some surprising results:
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The labour turnover rate has increased from 12.4% (as recorded in 2009) to 13.6%
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The number of managers resigning has risen from 4.5% (as recorded in 2009) to 4.7%
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There has been a noticeable drop in requests for internal transfers (as an alternative to leaving) from 5.8% (as recorded in 2009) to 3.6%
Ruth Spellman, Chief Executive of the CMI, recently commented “the evidence is that during times of recession people get itchy feet. This is when they start looking at the job columns”. The findings of the Survey demonstrate a need for employers to understand why employees are choosing to resign and risk unemployment in the current economic climate and what they can do to try to retain staff.
When it comes to staff retention:
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It is essential that employers are proactive and not reactive.
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It is important to have a well-considered and effective retention strategy in place which is applied equally and fairly.
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Well structured exit interviews or leaver surveys can help to identify reasons why employees leave so that solutions can be put in place to tackle any common issues.
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It is important that managers are given training to ensure that they have the skills to manage people (as this can impact on staff turnover).
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Opportunities for training and development and flexible working are often important considerations for individuals when choosing between employers. 19/02/2010
It seems flexible working is increasingly important to today's dads, with over 56% of those surveyed by the Department for Business, Innovation & Skills saying they would look for an employer who offers flexible working when choosing a new job. However, 20% of dads did not know whether their current employer offered flexible working.
Dads also seem unsure of their rights in respect of paternity leave. Dads are currently entitled to two weeks' paid paternity leave, providing they notify their employer 15 weeks before the due date. One in three dads did not realise that they are legally entitled to paid paternity leave and one in five wrongly assumed that they only need to notify their employer once the baby is born.
In light of these findings, the government is running a month-long campaign explaining fathers' rights. Look out for posters and leaflets in doctors surgeries, hospitals and antenatal clinics. Online advertising will also appear on websites that attract a high volume of 'dad' visitors.
Employment Relations Minister, Lord Young, said:
"We know that rights for dads at work are valued by people and that businesses also see real benefits in offering them. But our research shows that there are still some dads out there that are not aware of what they are entitled to and therefore risk missing out."
"Our campaign is all about making sure dads know what they can do and to help them have more confidence as they weigh up what works best for them and their family. The key is to talk to their employer." 17/02/2010
A new report shows that employees who are able to work flexibly have better mental and physical health.
Researchers at the Cochrane Library have found that workers who can chose their own hours may have lower heart rates and blood pressure. It is already widely understood that the level of control an employee exercises over his or her work is a key element of work-related stress.
All parents of children under 16 are able to request flexible working, which can mean a wide range of measures including part-time or compressed working, term-time working or working from home. Businesses can refuse a request, but must have sound business reasons for doing so. Buddy has a flexible working policy and template documents to make sure you don't fall foul of your legal obligation to consider any requests.
Buddy would love to know how your business manages request for flexible working - and whether those employers are happier and healthier?
The Court of Appeal has rejected an employee's claim of indirect religious discrimination in the case of Eweida v British Airways plc [2010] EWCA Civ 80 CA.
Ms Eweida had claimed that British Airways' dress code, which did not allow employees to wear non uniform items visably and prevented her from wearing a plain silver cross over her uniform (a sign of her Christianity), was indirectly discriminatory on the grounds of her religion. Both the Tribunal and the Employment Appeal Tribunal had held that this did not amount to indirect discrimiation as only Ms Eweida was placed at a disadvantage by the policy, no wider group that was disadvantaged could be identified, as is required under the Employment Equality (Religion or Belief) Regulations 2003.
The Court of Appeal upheld this decision. They also found that, had a wider group that were disadvantaged been identified, British Airways would have been justified in imposing the dress code requirement. 15/02/2010
As reported in this month’s article, despite officially emerging from recession, job losses are still likely to dominate the headlines for some time to come. It seems our predictions were spot on.
The CIPD reports today that redundancies are likely to double in the first quarter of 2010, with the public sector being particularly hard hit. Deep spending cuts in the public sector are cited as one of the main reasons for this.
The private sector, however, expects to see a growth in jobs for the first time since the start of the recession. That said further pressure on the UK jobs market is expected as the trend for outsourcing work abroad will continue – particularly in the IT sector.
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