Record £4.5m damages awarded to Doctor forced out of her job following maternity leave!

A record payment of almost £4.5m has been awarded by a UK Employment Tribunal to Dr Eva Michalak, who was forced out of her job following her maternity leave.  Dr Michalak is reported to have been 'profoundly traumatised' by 'years of psychological abuse' to the extent that her husband had to give up his job as a scientific researcher in order to look after her.  Dr Michalak said of her employer 'They destroyed my life, my health and my career.  Their dishonesty was staggering'.

The Employment Tribunal said 'We are positively outraged at the way this employer behaved.  The claimant was subjected to a campaign, suspended, had her suspension unnecessarily prolonged and was then dismissed for a reason that related to her pregnancy.  She has lost her role and status.  She is never going to return to work as a doctor, a profession she cherished'.

Dr Michalak's husband said 'This payout is not a win.  All she ever wanted was to work'.

The amount of the award has shocked many.  The fact that an employer would behave in this way has shocked many more.  Whilst claims for race or sex discrimination continue to be uncapped, this should be a warning to any unscrupulous employers out there!

Want to know how the figure was reached?  Click here.

First person convicted under the Bribery Act 2010 - and the sentence is custodial !

Although the legislation is called the Bribery Act 2010 it only came into effect earlier this year, 1 July 2011 to be precise, but already we have seen the first conviction and it carries a custodial sentence!

Munir Patel was convicted of bribery and misconduct in a public office after admitting that he received a bribe in his role as an administrative officer at a Magistrates' Court.

Patel pleaded guilty at Southwark Crown Court to requesting and receiving £500 to 'get rid' of a speeding charge and to other similar misconduct and offences.  Patel was sentenced to 3 years for bribery and 6 years for misconduct in a public office, to be served concurrently.

The decision of the Crown Court should dispel any thoughts that this Act does not need to be taken seriously.  Do you have policies in place to ensure you are compliant with this legislation and have your staff been trained?  The warning of a possible custodial sentence should be a deterrent to anyone considering committing an offence which is covered under anti-bribery and corruption legislation.

Business Secretary, Vince Cable, announces proposed changes to Employment Legislation

Yesterday, the Business Secretary, Vince Cable announced important changes to Employment Legislation.  As had been widely predicted, The Government confirmed that from April 2012 the qualification period for unfair dismissal will be increased from one year to two.

The announcement also confirmed changes to the Employment Tribunal system.  It is expected that anyone wanting to bring a claim via an Employment Tribunal will have to lodge a fee when registering their claim, then pay a second fee to take the claim to hearing.  Also under the proposed changes, all employment disputes would be required to go to Acas for mediation before proceeding to a tribunal.  These proposals are expected to ensure claimants "consider seriously the validity of their claim" before proceeding.

Significant changes are also proposed regarding the dismissal process in micro-businesses (those organisations with less than 10 employees).  Cable said "Many employers still feel that employment law is a barrier to growing their business.  We're knocking down that barrier today - getting the state out of the way, making it easier for businesses to take on staff and improving the process for when staff have to be let go"

However, Cable also stressed the following by saying "Let me be clear: we are not rebalancing employment law simply in the direction of employers.  Our proposals strike an appropriate balance and we are keeping the necessary protections already in place to protect employees.  Our proposals are not - emphatically not - an attempt to give businesses an easy ride at the expense of their staff."  Cable went on to say "We know that disputes at work cost time and money, reduce productivity and can distract employers from the day-to-day running of their business.  Tribunals should be a last resort for workplace problems, which is why we want disputes to be solved in other ways".  Amen to that last paragraph! 

With apologies to Employment Lawyers everywhere but I have seen the impact Employment Tribunals have on individuals and businesses alike and I agree wholeheartedly that disputes should be resolved without recourse to a Tribunal.  Having in place effective and positive HR processes is the first step to making sure this happens.

The Festive Season is fast approaching - are you ready!?

Are you having a Staff Christmas Party this year? -  If so, this is the time of year when HR are traditionally bombarded with questions about it. Many companies find this a minefield and worry about breaching numerous employment laws around this time. It's true, the staff Christmas party can be fraught with difficulties but, as always, my advice is to apply a little common sense.

• Christmas is a religious festival (although in these days of commercialism this is sometimes forgotten!). However, the staff Christmas party is generally seen as a way of thanking staff for their hard work and commitment rather than as a religious celebration. If you make this clear in communications about your party you should not offend non-Christian employees.
• Be mindful of staff who do not drink alcohol, either by choice or religion, and select the venue/theme for your party carefully in accordance with your workforce. Make sure non-alcoholic drinks are available.
• There is no doubt that alcohol can play a part in unwanted behaviour which could be deemed as harassment or discrimination. Ask someone responsible not to drink alcohol at the party so they can monitor, and deal with, inappropriate behaviour if necessary.
• Make sure that different dietary requirements are catered for, whether on the grounds of preference or religion.
• Think about the timing of your party - does it discriminate against particular groups, eg Orthodox Jews who have to be home an hour before dusk on a Friday for the start of their Sabbath.
• Your chosen venue should have adequate health & safety procedures in place but it is wise to check this yourself ahead of the event.
• Make sure physical assistance or adjustments are in place for disabled staff.
• Finally, remind your staff that they will be representing the company when at the party and therefore your policies still apply with regard to appropriate behaviour and what will, and won't, be tolerated.

You need to get these messages across to staff in a positive way so everyone has an enjoyable event but you ensure you are complying with employment legislation and your Company is covered in the event of things getting out of hand!

Happy party season everyone.

Give me a break!

"Another sunny day has come and gone away in Paris or Rome and I wanna go home ......."
As I listened to the dulcet tones of Michael Buble drifting through my iPod the last thing on my mind was wanting to go home.

Sitting in the glorious Majorcan sunshine, looking out over olive groves across a cloudless blue sky to the pine clad mountains in the distance, why would I want to go home!?  For one lovely week I was able to escape the persistent rain back home and completely recharge myself.  So, now I'm back and ready to start work again with renewed vigour.

It's a fact that we all work better if we are able to escape our normal routine for a while.  We all have different ideas about how to spend our leisure time, whether it's trekking in the hills, lazing in the sun, spending time with children / family / friends or just decorating the hall.  However you chose to relax, taking time off work is vital to your well-being.

So, to all responsible employers out there, now is the time to check the holiday records of your staff.  If some of them haven't had a break for a while, it's time to encourage them to do so.  Especially if you have a 'use it or lose it' policy regarding holiday entitlement.

If your staff have a good balance between their work and personal time they will more than likely repay you by being happier, healthier and more productive.

Increase in the National Minimum Wage

With effect from 1 October 2011 the National Minimum Wage will increase as follows:

• the main rate for workers aged 21 and over will increase to £6.08
• the rate for 18-20 year olds will increase to £4.98
• the rate for 16-17 year olds will increase to £3.68
• the rate for apprentices under 19 years old, or over 19 years and in the first year of their apprenticeship, will increase to £2.60

Now is the time to review your salaries to ensure you are still complying with legislation.

Do your staff enhance or damage your business reputation?

Yesterday was an interesting day.  The Transport Minister has referred to rail travel as a 'rich man's toy'.  Well I am neither male nor rich but I forked out for a first class ticket from Manchester to London for a 'women in business' trip to Westminster and the Houses of Parliament.

The train journey, both there and back, was anything but a first class experience.  The staff on the outbound train were, at best, surly and disinterested and at worst, just plain rude.  The breakfast, however, was good so that was some compensation.

On the return trip, 20 tired but happy ladies boarded the train at Euston and took up our reserved seats in 1st class, only to be told by the train manager that there was no food or provisions for us, other than tea or coffee, because we weren't expected.  So how does that work when you have a seat reservation?  The staff on this train, to their credit, coped very well with our complaints and did their best to pacify us.  Eventually, after much protestation from 20, now unhappy, ladies some wine was conjured up, along with the odd can of coke, packet of crisps and piece of cake.

Compare this then with the staff at Westminster.  The catering and security staff were exceptional.  Totally professional with impeccable manners but friendly and approachable too.  A difficult balance, expertly achieved.  Lunch on the terrace at Westminster overlooking the river Thames was a joy.  As was the opportunity to speak to the small number of MPs who graced us with their presence.  What a pity the Transport Secretary was nowhere to be seen!

The Agency Workers Regulations are only a couple of weeks away - are you ready?

With effect from 1 October 2011 the regulations relating to agency workers will change, bringing with them implications for both the agencies who supply staff and the companies who utilise their services.

From day 1 of appointing an agency worker you must give them access to facilities such as a staff canteen, a workplace crèche, staff common room, prayer room etc, as you would a permanent employee. In addition, you will be obliged to give agency workers access to information regarding job vacancies within the business.

After 12 weeks the agency worker will be entitled to equal treatment in relation to pay and other basic working conditions, such as annual leave/rest breaks, as your permanent employees. In addition, pregnant agency workers who have completed the 12 week qualifying period will be entitled to paid time off for ante natal appointments.

The regulations are comprehensive. There are some exceptions to the above guidelines and the 'qualifying clock' relating to the 12 week period will stop in certain circumstances.  However, in others, the qualifying clock will only pause. 

Whether you are a regular user of agency workers, or only an occasional user, you need to make sure you are up-to-date and compliant with the new legislation.  Don't get caught out. If in doubt, seek advice.

Mindless vandalism and violence against innocent victims!

I have my own, very strong, views about the mindless vandalism and violence occurring across the UK, however, as you would expect, I also look at this from an employment point of view.

Most of us will, no doubt, wish to adopt a 'business as usual' approach to send a clear message to those who have instigated this disruption to our Country.  For some, this will be impossible because of the extent of the devastation to their homes and businesses.  My heart goes out to you.

I left Manchester yesterday about 10 minutes before the violence escalated in the City centre.  Salford was already under siege and the roads were grid-locked.  I can't begin to put into words my thoughts on this.  I feel for everyone touched by these senseless acts.  Who could not fail to react to the images of a woman jumping from a burning building, hopefully into the arms of those waiting below.  The sight of the delightful patisserie, a relatively new business, which brings a touch of European flair to Manchester City centre once the vandals had finished with it made me feel very sad.

So, what can employers expect in the coming days?  Staff will naturally be worried for their safety in areas that have already been targeted.  Others will suffer disruption to their journeys to and from work because of the impact on public transport and the road network.  I recommend that employers adopt a flexible approach during this time.  Most of the riots have occurred from late afternoon.  Allow staff to finish earlier in order to get home safely.  Give them the option of making up the time or, if appropriate, working from home.  If August is historically a quiet month for your business, consider allowing more staff to take holidays.

For those businesses that cannot open because of damage to premises, consider if staff can be redeployed to alternative duties.  Will they help with the clean-up?  Check your employment contracts to see what flexibility there is.

Business has to continue - and in the current economic climate, this is the last things any business needs.  However, your safety and that of your employees should be paramount.

Let's hope we've seen the worst of this dreadful situation and we can all get back to normality and feeling safe in our homes.

Networking works!

Today's message is short and simple - networking works!

It's been a while since I last blogged.  Apologies, I've been busy networking and then doing the work that has resulted from my efforts.

Networking doesn't have to be daunting, just ask Will Kintish, it can be fun!

When you land a new job or client it is very rewarding.  I've made some great contacts through networking and met some really nice people.  In the last couple of months I've been appointed by 3 new clients, all of whom I'm delighted to be working with and all of whom I met through networking.  The feedback from them is that they are delighted with the services I have provided.  One of these clients has already recommended me to one of their clients, who have also appointed me.  And so it goes on ........

So what are you waiting for, get out there and mingle!

Unemployable at 50!

I read in the weekend papers that if you are aged 50+ and currently out of work chances are you won't work again - what!?  Has the world gone mad?

It is widely reported that we are living longer, healthier lives.  We are often told that '50 is the new 40'.  Someone should tell that to the world of business.  I, for one, would never overlook the wealth of talent and experience that the 50+ age group bring to employers.  Look around your own social circle / family / colleagues and consider those in this age group and how much they offer to business.

There is also the small issue of employment legislation - perhaps we should remind employers that it is illegal to discriminate against a person on the grounds of their age, be they young, older or in between.

Yes, of course, we have to make way for younger people coming in to the world of work but let's recruit sensibly and match people to the position on offer.

If your business is in the fortunate position of expanding, or recruiting for whatever reason, I urge you to tap in to the wealth of talent and experience that is just waiting for another opportunity to get back to work!

Love it or not, Wimbledon is around the corner

Wimbledon is almost upon us and employers are anticipating increased absenteeism or requests for time off so staff can follow the tournament.  Sensible employers are adopting a flexible approach during the Wimbledon fortnight.  Some companies will screen matches in the workplace.  Introducing a flexible approach for those who do follow the tournament, allowing staff to alter their start or finish time and to make up time off, will no doubt improve morale.

Whatever your thoughts are on Wimbledon it is one which many people look forward to.  It is only around for 2 weeks and most businesses can make an effort to be flexible for such a short period.

Anyone for tennis!?

The Bribery Act - are you prepared?

The Bribery Act comes into force on 1 July 2011 so what have you done in preparation for this new legislation?

• Do you know what the Bribery Act covers and how it will impact on you and your business?
• Do you have policies and procedures in place to help protect your company?
• Are you worried about the impact this may have on your corporate hospitality planning?

Make sure you have robust policies in place to help protect you in the event of being challenged under the Bribery Act.  Penalties can be severe and may include imprisonment for up to 10 yrs.

Act now - make sure you know what the implications are and you are prepared for them!

What a month April was!

April has long been one of my favourite months.  It is the month of my birth and when nature is reborn in a spectacular display of spring flowers and cherry blossom.  The nights are longer and there is a promise of warmer days ahead.

And wasn't this April fantastic - a raft of bank holidays, superb weather (officially the warmest April on record!), oh, and that wedding!  Whatever your thoughts about the Royal wedding you have to agree that, when it comes to pomp and pageantry, we Brits do put on a great show.

So now we are in May and it's back to business as usual for most of us.  Whatever challenges face you in the coming weeks and months I hope, like me, you are tackling them with renewed vigor!

More changes to employment legislation

In addition to the changes in Paternity Leave and statutory payments (detailed below) here are some more significant changes to employment legislation that become effective this month:

6 April - legislation allowing employers to retire an employee at the age of 65, on the basis that he or she has reached the default retirement age "DRA", is repealed.  The 'phasing out' process commenced on 6 April and the DRA will be formally abolished from October 2011.

6 April - Positive action (part of the Equality Act 2010) comes into effect and permits employers, in defined circumstances, to appoint or promote a person with a protected characteristic in preference to another person who does not have a protected characteristic.

And some expected changes that will not now take place this month:

The Bribery Act - now expected from 1 July 2011

Flexible Working - age criteria will remain unchanged

The Equality Act 2010 - dual discrimination provisions will not now be implemented

Study leave and training - extensions to the right to make a request in relation to study or training will not now be implemented.

Employment Legislation Update - are you ready?

If you read my blog earlier this year you will know that a major change in employment legislation becomes effective this month and you should be prepared for it.  If you didn't read it then here is an update:

As of yesterday, 3 April 2011, new fathers can take a minimum of 2 weeks and a maximum of 26 weeks additional paternity leave in circumstances where the mother of the child has returned to work before the end of her statutory maternity leave and the expected week of birth (or notification of being matched for adoption) begins on or after 3 April 2011.

The same rights will apply to an employee whose partner, whether of the same or opposite sex, has taken adoption leave and returned to work before it has expired (subject to the above qualifying criteria).

Also this month, statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from £124.88 to £128.73 per week. The earnings threshold for these benefits will increase from £97.00 to £102.00.
 
If you haven't already amended your policy, this needs doing now!
 
More changes come into effect on 6 April - updates coming shortly!

Think Small !

"Think Small First", this is the title of a new report by The Confederation of British Industry (CBI).  The report outlines its proposals on employment law to boost small and medium-sized enterprises (SMEs) and is looking to the Government to tackle regulation that prevents these businesses from creating jobs and growing.

The proposals include speeding up the tribunals system, providing clear guidance in the absence of a default retirement age, introducing the right to an annual review of flexible working so that companies can manage competing requests fairly and agreeing a return date with employees going on maternity leave so that firms can plan more easily.

The CBI Director-General, John Cridland, calls smaller firms “job-creation dynamos” but  60% of SMEs say employment regulation are a barrier to job creation as it has a “disproportionate impact” on them. Mr Cridland explained: “Much employment law fails to recognise that private and family-run firms don’t have dedicated human resource teams and tend to manage staff in an informal way. The size and nature of these firms makes them strong advocates of flexible and family-friendly working, and the Government should build on this success.”

I couldn't agree more with Mr Cridland.  Many SMEs don't have a dedicated human resources team to help them through the plethora of legislation and they can get themselves into severe difficulties as a result.  I count myself lucky to work with many of these private and family-run companies and I empathise with their frustration with legal practices that are constricting for smaller businesses.  I agree that legislation is essential to protect both the employer and the employee but it should be proportionate and allow flexibility to enhance growth and development.

I love my job

No really, I do!

Today's blog is prompted by a testimonial I received from a client last week. Rachel Owen of Ribble Valley Cleaning is a delight to work with.  She is entrepreneurial and her rapidly expanding cleaning company has bridged the gap between the domestic and commercial markets. Before appointing me as her HR Consultant Rachel had spent hours trawling through the internet trying to establish what she should be doing in terms of HR. To Rachel's credit she had done quite a lot for herself and had put in place contracts of employment for her staff, however, they were generic and did not cover her needs. I quickly brought Rachel up-to-date with bespoke documents and made sure she is compliant with employment legislation.

As you will see from the testimonial, Rachel is happy to have delegated her HR requirements and I know she feels this is a pressure removed which will allow her to concentrate on what she does best, running and expanding her thriving business. For my part, I know Rachel is getting expert advice and guidance whenever she needs it and I'm delighted to be a part of her enterprise.

My job brings me into contact with people and companies across a wide spectrum - it is always interesting, often demanding and hugely satisfying.

As I said, I love my job!

My heart goes out to Japan

I watched with horror the news reports showing the destruction in Japan following the earthquake and resulting tsunami that has devastated their land.  I cannot begin to comprehend what the people of Japan must be experiencing.  Tens of thousands of lives lost in an instant and whole towns washed away.  How do you begin to recover from such devastation?

We, the human race, like to think we have control over this planet of ours but, yet again, Mother Nature has proven that she is very much in charge.

My heart goes out to the Japanese.

Employment Tribunal system broken!

This is the message from the Chartered Institute of Personnel and Development (CIPD) following their survey of more than 200 senior CIPD members with employee relations interests.

The report found that 61% of those surveyed have experienced an employee claiming unfair dismissal and "tagging on" a discrimination claim (which is uncapped) in the hope of getting more compensation.  55% said they had received a complaint against their organisation on malicious grounds. 52% would like to see the law on unfair dismissal amended to make it easier for employers to dismiss employees.

The CIPD reported that the volume of tribunal claims has increased and employers believe they have no protection against weak or speculative claims.  Those surveyed suggested that recent plans outlined by the Government to increase the minimum period from one year to two before an employee can bring a claim for unfair dismissal will have only limited impact on reducing the number of claims.  This is because many claims are linked to discrimination, or some form of protected characteristic, which can be brought from commencement of employment.

Any employer who has been involved in a grievance process, or had an employee bring a claim against them, will know how time consuming and costly this can be.  HR isn't a 'nice to have', it's essential and a legal requirement.  Your people are your biggest asset.  To avoid them becoming your biggest liability make sure you have the best processes in place to encourage mutual respect and improve communication with your workforce.

Equality Act 2010 - Dual discrimination claims delayed

Most of the provisions under the Equality Act were introduced in October 2010, however, the ability to bring a dual discrimination claim was one of several measures postponed until a later date.  The Government has confirmed that the planned implementation date of April 2011 will not go ahead on schedule.

It is reported that ministers are "still considering how best to take forward the dual discrimination provisions". It is understood that guidance will be published 12 weeks before the provisions come into force.

Dual discrimination will allow individuals who believe they have been treated less favourably because of two "protected characteristics" - such as age, disability, race, gender reassignment, religion or belief, sexual orientation or gender - to bring a combined claim.  At present, such claims would have to be heard separately.

Unfair Dismissal - Increase in Compensatory awards

With effect from today, 1 February 2011, the maximum compensatory award for unfair dismissal increases from £65,300 to £68,400.

The minimum award for unfair dismissal also increases at the same time from £4,700 to £5,000.

A week's pay, for the purpose of calculating the basic award for unfair dismissal (and redundancy), increases from £380 to £400.  These increases are applicable where the event that gave rise to the entitlement to compensation occurred on, or after, 1 February 2011.

For any business the prospect of attending an employment tribunal and being faced with compensatory awards of this amount is daunting.  Minimise your risks by making sure your HR processes are in excellent order and staff issues are dealt with before they become a dispute.

Changes to Paternity leave - are you ready?

Changes come into effect in April 2011 which will allow parents to split the responsibility for child care.  New fathers will be able to take a minimum of 2 weeks and a maximum of 26 weeks additional paternity leave in circumstances where the mother of the child has returned to work before the end of her statutory maternity leave.

The same rights will apply to an employee whose partner, whether of the same or opposite sex, has taken adoption leave and returned to work before it has expired.

Also in April 2011, statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from £124.88 to £128.73 per week.  The earnings threshold for these benefits will increase from £97.00 to £102.00.

Make sure your policies and procedures reflect current legislation and best practice.

January sale - HR style

Happy New Year everyone.

For many of us this is the first working day of 2011.  For those of you running your own business, I wish you success, prosperity and good health in the year ahead.

To those of you in the Lancashire/North West area, I am offering the first 5 SMEs to contact me a FREE review of your employment contracts and HR processes.  Start the year as you mean to go on, make sure you are fully compliant with employment legislation and you have in place HR procedures that support your business and help you to get the best out of your staff. 

Good luck and I look forward to hearing from you.