Employment publications
These articles have been written by lawyers at Speechly Bircham. Please get in touch with the authors if you would like more information on a particular topic.
Articles and case studies are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here.
Equality Bill - a new facelift?
The Equality Bill, due to come into force in October 2010, will at last harmonise and strengthen discrimination law... read more
This article was first published in Speechly Bircham's Inbrief publication (December 2009)
Agency Workers Regulations: implementation deferred
Employers’ organisations and employment agencies have long fought against the controversial introduction into UK law of the EU’s Temporary Agency Workers Directive (the Directive). That introduction is now a step closer – but not as close as it might have been.On 18 October 2009, the Government issued the draft Agency Workers Regulations (the Regulations) for an eight week consultation period until 11 December 2009...read more (October 2009)
Swine flu and the legal issues for employers
In the last week the World Health Organisation raised its pandemic alert a level to phase 5. Naturally there are legal issues arising out of the pandemic and indeed there are steps employers should be taking to protect their employees, and their business, from the risks posed by a large scale infection at work. Alan Julyan looks at the key legal points and advice to employers on how to respond to the situation...read more (July 2009)
Recognising and dealing with workplace stress in challenging times
Stress in the workplace is an increasingly hot topic for HR professionals and managers. In 2009, individuals are feeling the pressure in both a financial and workload capacity due to the widescale redundancies and increasing demands at work. This paper examines what stress is, the warning signs, the legal implications and different types of stress claims, as well as steps to minimise stress claims...read more (July 2009)
Case law: The Equal Pay Act and linked claims
McAvoy and ors v South Tyneside Borough Council allowed a male employee to succeed with an equal pay claim where his comparator was an equally underpaid female colleague claiming equal pay compared with a male colleague paid more than both of them. Emma Bartlett and Annabel Cole discuss whether it's time to revisit the gender requirement for comparators in the Equal Pay Act...read more
This article was first published on Pay Magazine Online (July 2009)
Employee engagement
In these difficult and uncertain times, how does an organisation keep employees motivated and performing well against the backdrop of redundancies and other cut-backs? This briefing note looks at what employee engagement is, how it can be measured, why it is so important and sets out some practical ways of engendering engagement amongst employees...read more (June 2009)
Case law: Cheltenham Borough Council's damages claim is dismissed
Cheltenham Borough Council has lost its High Court claim for £1million in damages against Christine Laird, its former chief executive. Alan Julyan and Annabel Cole explain...read more
This article was first published on Pay Magazine Online (June 2009)
HR telephone clinic
In a recent monthly online HR clinic, Employment Partner Richard Linskell answered questions in a live 30 minute Q&A session for Daniel Barnett's Employment Law Bulletin. Click here to see the session. (June 2009)
Equality Bill - will it survive?
The second reading of the Equality Bill in the House of Commons this month has proven to be no less controversial than other recent employment legislation. The main changes for employers are to the definition of what constitutes unlawful discrimination and, more interestingly, transparency in pay provisions...read more (May 2009)
Collective consultation
In the current economic climate, with workforces already nervous about job prospects, it appears that a number of employers have recognised the benefits of collective consultation. This briefing note examines an employer’s collective consultation obligations and some handy hints and tips to help along the way...read more (April 2009)
Can I claim unfair dismissal?
Could your company being using redundancy as an excuse to get rid of you? Trevor Bettany looks at one reader's case for unfair dismissal...read more
This article was first published on the Moneywise website (April 2009)
Redundancy selection criteria
When redundancies are necessary, businesses need to make sure they get the selection right to avoid claims, but more importantly to make sure the business retains the skills and experience it will need in the short and longer term. This briefing note looks at key legal issues to consider...read more (April 2009)
All change...
The normal date for the introduction of changes in employment law brings a number of new challenges for everyone. Even the usual changes in statutory financial limits require careful management...read more (April 2009)
Poaching staff
A number of banks have been reported to have taken advantage of the current state of the financial services industry by poaching key individuals and teams to bolster their business. Matthew Whelan examines the possible legal ramifications...read more
This Q&A article was first published on the Personnel Today website (April 2009)
New ACAS Code of Practice on disciplinary and grievance procedures comes into force
The Government's attempts to encourage employers and employees to resolve disputes internally through the statutory minimum disciplinary, dismissal and grievance procedures have been abandoned. It is widely acknowledged that those complex and cumbersome procedures proved to be a weapon of mass frustration....read more (April 2009)
Reduced working hours and pay
Due to the current climate, an employer would like to reduce working hours to three days per week. Esther Smith and Matthew Whelan advise on the legal implications to be aware of in terms of a reduction in pay...read more
This article was first published on the HR Zone website (April 2009)
Managing your cost base - the viable alternatives to redundancies
As organisations continue to rationalise their cost base the question of redundancies remains high on the corporate agenda. In this briefing note we examine the implications of redundancy programmes, the viable alternatives and the potential legal and HR ramifications of each...read more (March 2009)
Riding the recession
A survey of senior HR professionals aimed at finding out how the economic downturn has affected their organisation has been published. Nick Hobson looks at some of the outcomes...read more
This article was first published in Speechly Bircham's Inbrief publication (March 2009)
ACAS Code of Practice
With effect from April 2009, employers and employees will be required to follow the new ACAS Code of Practice...read more (March 2009)
Working if signed off by a medical expert
If an employee has had a minor operation and has been signed off work by medical experts for two weeks, but wants to come back to work and do shorter hours, what are the consequences for the employer? Matthew Whelan investigates...read more
This article was first published on the HR Zone website (March 2009)
Laying off staff
Matthew Whelan looks at the issue of laying off staff, when you have a right to do so and the issues that will arise during this process...read more
This article was first published on the HR Zone website (February 2009)
Suspending an employee
Should an employee be suspended without being told beforehand about the mistakes they made which led to their suspension?Should another course of action be taken? Matthew Whelan advises...read more
This article was first published on the HR Zone website (February 2009)
Forcing staff to attend training
Does an employee have the right to not attend a compulsory five-day training course due to home and family commitments? Matthew Whelan discusses...read more
This article was first published on the HR Zone website (January 2009)
Now is the winter of our discontent
Jessica Halling discusses the difficulties employers may face in light of the names and contact details of some BNP members being published online and the possible dismissals...read more
This article was first published on the Changeboard website (December 2008)
Protecting your business interests
It has become increasingly difficult to raise finance for new business development since the onset of the credit crunch. Richard Martin looks at why it's important to protect your existing business and employees...read more
This article was first published in Speechly Bircham's Inbrief publication (November 2008)
An uncertain future
Juliet Carp examines the proposal to revise flexible working arrangements and the potential headaches it could cause for employers...read more
This article was first published in the New Law Journal (October 2008)
Who cares wins?
Does Coleman offer carers a free standing right to fl exible working arrangements? Juliet Carp investigates...read more
This article was first published in the New Law Journal (September 2008)
Terminations
Alan Julyan answers some challenging questions about compensation upon termination in this Q&A for Personnel Today...read more
This article was first published on the Personnel Today website (November 2006)
Are you stressed by your absence management policy?
Eliza Nash examines the problems caused by sickness absence for employers and essential elements for an effective sickness management policy...read more
This article was first published online for Mondaq (August 2005)
Unknown territory
To avoid tribunals arising from redundancies, employers now must tread a careful path between old and new legislation. Read what Juliet Carp has to say in this article published in People Management magazine...read more
This article was first published in People Management magazine (November 2004)
Gone but not forgotten
Juliet Carp explores how employers can reduce the risks of overseas staff making employment claims in the UK ...read more (September 2004)
Identifying problem job applicants
The high value claims being made against employers because of the action of their emploees mean that employers need to ensure that all employees are capable of behaving in a manner that will not result in future problems. In this article, we look at some of the issues which need to be considered so that new recruits do not become the problem employees of the future...read more
This article was first published in FOW magazine (August 2004)
The risks of a without prejudice dismissal
When an employment relationship isn't working out, employers often want to find a quick and amicable way to part company. In such situations, employers often decide to call an off the record or without prejudice meeting. However, what are the risks when an agreement with the employee cannot be reached?...read more (June 2004)