100 episodes

An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise.
An easy to listen to legal and practical update.

The Employment Law & HR Podcast Alison Colley, Solicitor from Real Employment Law Advice

    • Business
    • 4.8 • 145 Ratings

An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise.
An easy to listen to legal and practical update.

    Unfair Dismissal: The ACAS Code of Practice Episode 4

    Unfair Dismissal: The ACAS Code of Practice Episode 4

    In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
    In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice.
    Check your contracts and procedures to ensure that your disciplinary procedure is not contractual.
    Helpful Links Employment Rights Act 1996 
    ACAS Code of Practice
     
     
     
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    The types of training we can deliver for you are:
    An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk
     
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

    • 24 min
    Unfair Dismissal: The Reasonableness of Dismissal Episode 3

    Unfair Dismissal: The Reasonableness of Dismissal Episode 3

    In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
    In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect’ in an allegation of misconduct How to deal with performance issues in order to fairly dismiss an employee for poor performance What you need to consider before dismissing an employee  
    Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.
     
    Helpful Links Employment Rights Act 1996 
    BHS v Burchell 
     
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    The types of training we can deliver for you are:
    An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

    • 26 min
    Unfair Dismissal: Potentially Fair Reasons Episode 2

    Unfair Dismissal: Potentially Fair Reasons Episode 2

    In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
     
    In this episode 224 I will cover: What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason for the dismissal Why the burden shifts in a claim for Automatic Unfair Dismissal What you need to consider before dismissing an employee  
    Action Points Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation.
     
    Helpful Links Employment Rights Act 1996 
     
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    Please drop me an email alison@realemploymentlawadvice.co.uk
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

    • 21 min
    Unfair Dismissal: What is unfair dismissal?

    Unfair Dismissal: What is unfair dismissal?

    This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
    It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not.
    In this episode I will cover: The history of unfair dismissal How unfair dismissal started in the early 1970’s What it is and where you will find the law The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal The qualifying period for unfair dismissal Unfair dismissal claims with no qualifying period of service Claims for Automatic Unfair Dismissal The time limit for claims Circumstances when an employer must provide written reasons for an employees dismissal  
    Action Points Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.
     
    Helpful Links Introduction to Constructive Unfair Dismissal: Episode 18 
    Focus on Constructive Unfair Dismissal: Episode 21
    Employee who did not receive dismissal letter wins unfair dismissal claim
    Employment Rights Act 1996 
     
     
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    Please drop me an email alison@realemploymentlawadvice.co.uk
     
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

    • 20 min
    Holiday pay and holiday entitlement changes 2024

    Holiday pay and holiday entitlement changes 2024

    In this episode 222 of the podcast I bring you a run down of the changes to the Working Time Regulations which are effective in the holiday year that starts after 01 April 2024.
    In this episode of the podcast we cover:
    The definition of irregular hour worker The definition of part year worker How statutory holiday entitlement is accrued for irregular hour and part year workers How you can deal with carry over of leave How to calculate holiday pay Rolled up holiday pay is now permitted for irregular and part year workers Examples of what to consider when calculating holiday Why it is important to check contracts and holiday terms for existing employees before making a change to your holiday entitlement and pay  
    Harpur v Brazel Case Supreme Court case that has now been overturned and which is covered in Episode 202 Holiday Entitlement & Pay
     
    You can find the full government guidance here: https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024
     
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    Please drop me an email alison@realemploymentlawadvice.co.uk
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

    • 21 min
    What Employers & HR should learn from Bates v The Post Office

    What Employers & HR should learn from Bates v The Post Office

    In this episode 221 of the podcast I bring you my thoughts and reflections on the case of Bates v The Post Office and whilst not directly related to employment law there are lots of lessons that all employers and HR can take from the events that took place.
    In this episode of the podcast we cover:
    Why employers and HR need to take internal investigations seriously. The key things that investigators get wrong in disciplinary and grievance investigations. The civil test of ‘balance of probabilities’ and what this means. The importance of a common sense approach to issues that arise. Why communication is important at all levels of the organisation. Why large organisations need to have in place a means of obtaining feedback from the ground level through to Board level. How setting up employee forums, committees and/or employee representatives is a good way to establish if issues are systemic. Why the frequent use of settlement agreements can be a sign of an internal issue. That the usage and number of settlement agreements should be reviewed at Board level. How culture and leadership plays a key role in both avoiding and creating systemic and serious issues arising. The importance of independent and external review of decisions and disputes. A reminder that at the end of every decision is a human being whose life will be impacted.  
    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
    Please drop me an email alison@realemploymentlawadvice.co.uk
     
    Fixed Price Advice from Real Experts
    As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
    Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
    We have a variety of free documents and letters which are available to download here: DIY Documents
    We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
     
    Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
     
    Photo by Mick Haupt on Unsplash

    • 19 min

Customer Reviews

4.8 out of 5
145 Ratings

145 Ratings

trains&pours ,

Exceptional

Very knowledgeable and sensible guidance. I have really been enjoying this to support me in my management role. There’s very little training for managers where we work and this is serving to build my knowledge and confidence with HR issues.

CLAX111 ,

New to HR Advising

I have just become a HR Advisor and I finding these podcasts so helpful! It’s so good to be able to hear the detail in HR rather than the bigger picture/organisational design information that is often out there. Thank you for making these!!

Lynnepitt ,

Highly recommended

I’m currently in the middle of a case against my ex employers for discrimination, bullying, harassment and constructive dismissal.

I wish I’d discovered this podcast earlier but the information contained is invaluable.

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