Keeping the contract alive: contractual notice and restrictive covenants

An employee who refused to work out his notice period and walked out on his employer because he had been offered a job by a competitor, was still employed and bound by covenants in his contract even though the employer no longer paid him.
Sunrise Brokers LLP v Rodgers

Employees worried about career progression

While employees generally are feeling more engaged and satisfied in their jobs, significant proportions of them are unhappy about their career progression and the level of training and development they receive, according to the CIPD’s autumn 2014 Employee Outlook survey

Reasonable adjustment and disregarding final warning for poor attendance

The duty to make reasonable adjustments did not extend as far as requiring the employer to disregard a final warning about attendance which it relied on when deciding to dismiss a disabled employee because of unsustainable levels of absence.
General Dynamics Information Technology v Carranza

NHS sickness absence increases

Overall staff sickness absence in the NHS currently stands at 3.95%.

Pay data: October 2014

Various research organisations have published data on average pay settlements for the three months to September 2014 and some predictions for the coming year.

When can an employer start a formal disciplinary process?

Simply put, when it has reasonable grounds and evidence. An employer who instigated disciplinary proceedings without a fulsome enquiry beforehand neither breached trust and confidence nor the employer’s duty of care.
Coventry University v Mian

‘Enforced’ subject access requests to be banned

From 1 December 2014 employers will be banned from demanding as a condition of employment criminal records checks from job applicants or employees – so-called ‘enforced’ subject access requests.

Date of dismissal unaffected by altering dismissal decision on appeal

The effective date of termination remained the date the original summary dismissal took place despite an internal appeal substituting a finding of dismissal with notice.
Rabess v London Fire and Emergency Planning Authority

BSI kitemark on valuing people

HR professionals are being urged by the British Standards Institute to help shape the development of its new kitemark for valuing people.

September 2014 inflation data

UK Consumer Prices index inflation fell in the year to September 2014 to 1.2%. The detailed figures are as follows:

Employers’ liability under health and safety regulations and common law

The employer of a home carer, who fell and broke her wrist, did not have a statutory duty to provide her with special footwear suitable for icy conditions, nor had its breached its common law duty of care.
Kennedy v Cordia (Services) LLP
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Monday, 27 October 2014

Top 10 things I’d do if I were an HR Director

I was a client and internal key L&D stakeholder for many years before becoming a supplier, so it’s an interesting exercise to pull this list together. I hope it offers you a fresh and different perspective.

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