Posts Categorized: Employment and HR

The ‘Final Straw’ and Constructive Dismissal

It is an implied term of any contract of employment that an employer should not act in a way that is likely to destroy or seriously damage the trust and confidence which an employee can expect from them. A serious breach of an implied contractual term or the ‘final straw’ in a series of less… Read more »

Dealing With Employee References

Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they have given express agreement to do so. Where a reference is given, the employer has a duty of care to the departing employee and to… Read more »

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee’s entitlement to certain benefits or employment rights. In the absence of an express term in the employee’s contract, if they are dismissed in writing and the letter is posted to their home address, when does the notice period commence? Does it run from… Read more »

Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the ‘Whistleblowing’ Act – gives workers legal protection when disclosing information relating to crimes, breaches of legal obligations, miscarriages of justice, dangers to health and safety or the environment and to the concealing of evidence relating to any of these. Where a worker is… Read more »

Bullied Transgender Shop Assistant Wins Compensation

There can really be no excuse for a modern employer not to have in place comprehensive anti-discrimination policies that are fully understood by all workers. In one case that illustrates the consequences of failing to comply with the law in this respect, a transgender sales assistant who was subjected to playground-style bullying whilst working for… Read more »

Are You Ready for the World Cup?

The 2018 Fédération Internationale de Football Association (FIFA) World Cup starts on Thursday 14 June with a match between Russia and Saudi Arabia. England’s first match, against Tunisia, is on Monday 18 June at 7:00pm. Employers should ensure that they have policies in place to deal with any issues that may arise and that these… Read more »

Mental Health Awareness Week – Acas Guidance for Employers

This year, Mental Health Awareness Week (14-20 May), which is hosted by the Mental Health Foundation, is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. A recent survey commissioned by the Foundation and undertaken by YouGov found that 74 per cent… Read more »