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TUPE applies to all administration proceedings

TUPE applies to all administration proceedings

Case Digests - TUPE Friday, 23 December 2011
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Companies in administration are not exempt from TUPE. This Court of Appeal decision ends two years of legal uncertainty following conflicting EAT decisions. Where the sale of an undertaking by an administrator amounts to a transfer for the purposes of TUPE, the staff will automatically transfer to the buyer and be protected against transfer-related dismissal.  
Key2Law (Surrey) LLP v De'Antiquis
 
 
Tribunal award limits increased

Tribunal award limits increased

HR News Tuesday, 20 December 2011
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The potential cost of breaching employment law will increase from February 2011. Reflecting the 2011 September RPI of 5.6%, the maximum compensatory award in unfair dismissal cases rises to £72,300 and the limit on a week’s pay will increase to £430. See LawTracker for further details.
 
 
£4.5 million discrimination award

£4.5 million discrimination award

Case Digests - Sex discrimination Tuesday, 20 December 2011
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An NHS trust and three senior members of staff have been ordered to pay £4.5m in compensation to a hospital consultant who was subjected to a sustained campaign of sex (and race) discrimination which resulted in chronic post-traumatic stress leaving her unable to work again in her professional capacity.
Michalak v Mid-Yorkshire Hospitals NHS Trust
 
 
Employers urged not to sweep mental health under the carpet

Employers urged not to sweep mental health under the carpet

HR News Monday, 19 December 2011
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Most employees are wary of disclosing a mental health problem to their employer. This perhaps unsurprising finding is revealed as the CIPD and MIND publish a new guide to help employers manage mental health issues at work - Managing and supporting mental health at work – disclosure tools for managers.
 
 
No separate contractual claim for manner of dismissal

No separate contractual claim for manner of dismissal

Case Digests - Contracts of employment Monday, 19 December 2011
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Overturning the Court of Appeal, the Supreme Court has held (by a majority) that an employee cannot bring a breach of contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure. The statutory unfair dismissal regime is intended to cover everything to do with the dismissal process – any free-standing claim can only arise out of a genuinely free-standing issue.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust
 
 
Pay data: December 2011

Pay data: December 2011

HR News Monday, 19 December 2011
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Average pay settlements remain in the 2%-3% range with little overall movement for the three months to the end of November 2011 according to five pay research organisations.
 
 
Marital status discrimination

Marital status discrimination

Case Digests - Sex discrimination Thursday, 15 December 2011
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The legal prohibition against discrimination on the grounds of marital status doesn’t just cover that status in the abstract (i.e. whether one is married or unmarried) – it also outlaws discrimination on the grounds that someone is married to a particular person. Although the employer in this case didn’t discriminate against married people generally, the employee could rely on less favourable treatment that was specific to her marriage.
Dunn v Institute of Cemetery and Crematorium Management
 
 
Minor flaw in redundancy process did not make dismissal unfair

Minor flaw in redundancy process did not make dismissal unfair

Case Digests - Redundancy Wednesday, 14 December 2011
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An employer’s failure to respond to a broad, unspecific request for information, in this instance interview notes, during an otherwise thorough and careful redundancy process was a minor flaw which did not make the resulting dismissal unfair.

Camelot Group plc v Hogg
 
 
Tribunal fees move a step closer

Tribunal fees move a step closer

HR News Wednesday, 14 December 2011
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The proposed nature and scale of fees which may be charged to applicants in employment tribunals has been outlined in a Ministry of Justice consultation, Charging Fees in Employment Tribunals and the Employment Appeal Tribunal.
 
 
Fit notes have started the conversation but ...

Fit notes have started the conversation but ...

Survey Watch Wednesday, 14 December 2011
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While fit notes have provided the nudge needed for managers to open up important conversations with their staff and discuss the best way to help get people back to work, they haven’t yet improved absence levels. This emerges from new findings released from the CIPD’s Absence Management survey and follows the publication of a major review of how long-term absence should be handled in the workplace.
 
 
Parental payments and SSP increases from April 2012

Parental payments and SSP increases from April 2012

HR News Tuesday, 13 December 2011
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The standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 9 April 2012. Statutory sick pay will increase from £81.60 to £85.85 per week. See also LawTracker and Rates and payments. 
 
 
November 2011 inflation data

November 2011 inflation data

HR News Tuesday, 13 December 2011
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UK Consumer Prices Index inflation fell in the year to November 2011 to 4.8%. The Retail Prices Index (typically used in wage negotiations) stood at 5.2%. The detailed figures are as follows:
 
 


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Friday, 04 May 2012

Becoming a High Performance Organisation - what are we talking about?

I define a High Performance organisation as follows: ‘A High Performance organisation is an organisation that achieves financial and non-financial results that are exceedingly better than those of its peer group over a period of time of five years or more, by focusing in a disciplined way on that what really matters to the organisation’.
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