Tag Archives: ACAS

When perseverance does not pay – repeated attempts to settle leave would-be claimant out of time

Since 6 May 2014 it has been a pre-condition of starting most Employment Tribunal claims that the employee first refers the matter to Acas for early conciliation. If that process fails for any reason then Acas will issue an early conciliation (EC) certificate to that effect which is essentially a green light to issuing proceedings … Continue Reading

New Acas guidance on holiday pay and accrual during sickness

The Acas National Newsletter for June, out earlier this week, contains some slightly updated advice on the eternal question of how you calculate holiday pay, plus an existential poser on the relationship between sickness and holiday accrual. On the holiday pay front, there remains no steer as to how commission or overtime earnings should be … Continue Reading

If there’s something weird and it don’t look good, who you gonna call? Mythbusters!

Courtesy of Acas, here are the top ten myths to be “busted” by the Government’s promised campaign to make the Gender Pay Gap Regulations look less over-engineered than they really are together with some italicised comments of our own. MYTH: We did an equal pay audit a while ago so we’re fine FACT: Equal Pay deals … Continue Reading

EAT says even expired warnings can be taken into account when dismissing an employee. Sometimes.

In Stratford v Auto Trail VR Ltd the EAT held that an expired warning can be taken into account when considering whether a dismissal was fair or unfair under s98(4) Employment Rights Act 1996. Mr Stratford had the sort of disciplinary record which requires real commitment (17 incidents in less than 13 years). The most … Continue Reading

“I do not like war. It is costly and the outcome uncertain”

So said Queen Elizabeth I in a very early glimpse into English Civil Court proceedings.  Should we therefore be heartened by a possible sign of things to come in the modern employment world, thanks to Lord Justice Briggs earlier this week? Addressing the Chartered Institute of Arbitrators on 26 September, Briggs LJ told of his … Continue Reading

Recent redundancy exercises – learning points for HR, part 4

Managing redundancy for those on maternity leave Many employers get nervous when carrying out redundancy exercises if the selection pool includes a woman who is pregnant or on maternity leave.  The risk of a claim for discrimination or an unfair dismissal claim if she is made redundant is often on their mind. The fact that … Continue Reading

Sticks and stones – the real story

“Sticks and stones may break my bones but names will never hurt me” goes the childhood rhyme.  Really?  Let’s not kid ourselves.  Words are powerful and can hurt just as much as the childhood alternative of a wrist-burn behind the bike sheds. But bullying is not just an issue in the playground. It is also … Continue Reading

Informal not casual in new Acas guidance on responding to discrimination complaints in the UK

New Acas guidance on handling discrimination allegations in the workplace has been issued this week http://www.acas.org.uk/media/pdf/i/t/Discrimination-what-to-do-if-it-happens.pdf.  This is particularly interesting because of the degree of prominence which it gives to informal resolutions of discrimination complaints in place of the often process-driven guidance which Acas has issued in the past. Seeking an informal resolution of a … Continue Reading

New UK Flexible Working regime – the word on the street

Depending on what you read and who you believe, today’s opening-up of eligibility to request flexible working to all employees with six months’ service or more will be:    (i)         the unleashing of an unstoppable tide of cost, inconvenience and Tribunal claims; or   (ii)        no big deal.   Perhaps by the time you read this, there will … Continue Reading

Contradictory Acas guidance mars introduction of new UK flexible working regime

Braced for Monday?  D-Day on the new Flexible Working rules has finally arrived, and with it, some new questions for employers.   Whether or not you expect waves of new flexible working applicants storming up your company’s beaches first thing on Monday morning may depend on the nature of your business. A CIPD survey in 2012 … Continue Reading

Brevity not the soul of wit for new Acas Code on Flexible Working

Acas has now issued its draft Code of Practice on “Handling requests in a reasonable manner to work flexibly” (sic).  This anticipates the coming into force on 30 June this year of a general eligibility to request flexible working and the replacement of the old rigid procedures with a blanket obligation on the employer to … Continue Reading

UK early conciliation scheme – taking on water already?

Part of the Government’s proposals “to reduce the burdens on business” (i.e. the cost to the Government of running the Employment Tribunal system) is Early Conciliation (EC).  This requires prospective claimants to contact Acas and be talked through the conciliation process before they can bring a Tribunal claim.  When it is launched next year, there … Continue Reading

Is your social media profile showing your best side?

Fame at last!  Whincup, D. appears in the bibliography of a recent ACAS Research Paper into “Workplaces and Social Networking – the implications for employment relation”, hooray!.  Aside obviously from its reference to me, the Paper is primarily notable for the details it provides of a survey conducted by MyJobGroup.  One thousand individual respondents were … Continue Reading

A little less conversation, a little more action

With the possible exception of most teenagers and all the characters in EastEnders, few people actually relish confrontation.  In the workplace this anxiety is compounded by the fear that falling out with a colleague will lead either to an eternity of moody silences and catty remarks, or some Wagnerian undoing in the Employment Tribunal.  Little … Continue Reading

Unchartered Territory

Great news for fans of cheap political propaganda this week as the Department for Business Innovation & Skills releases an updated version of its 2011 Employers’ Charter. The original version was a shallow gesture aimed at dispelling the belief common among retired Colonels and other Daily Express readers that UK employment laws are all tilted … Continue Reading
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