Human Resources Archives - Goldenleaver
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Private emails at work - the latest twist “Furtive” is how many employers feel when they look at the private emails of a staff member who is the subject of a disciplinary investigation. The reason is the tension between an employer’s wish to check on what their employees are doing, and what those employees regard as their right to privacy,  even when using a work-related email account for private messaging. This tension was illustrated by the recent case of - Barbulescu v Romania...

It was reported on 7 January 2014 that the HR Director of Goodyear was one of 2 executives who were taken hostage in France by a disgruntled workforce, which barricaded them in a room by using a (Goodyear?) tractor tyre. The price of the executives' release was either a promise not to close the workplace, or the payment of substantial financial compensation. Neither that promise nor financial compensation was forthcoming, so the executives remained in situ and were allowed only...

On 29th July 2013, the law is changing so that evidence of "pre-termination negotiations" is inadmissible in ordinary unfair dismissal proceedings unless there has been "improper behaviour".   Pre-termination negotiations means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. The Government’s intention is to give employers greater protection when offering settlement agreements outside the context of litigation. All forms of...

  Many fingers are being crossed in relation to the new employee shareholder rights that are coming in to force on 1 September 2013.  There is also a lot of uncertainty surrounding "who needs to do what" if the new employee shareholder status is going to work - either now, or in a way that it can be relied on when there is a parting of the ways between employees and companies. What is certain, however, is that the Government - which continues...

In January 2011 the Government introduced the "One-in, One-out" rule.  This required each £1 of additional cost imposed on business by new regulations or legislation to be matched by an equivalent saving.  Then in January 2013 it introduced the "One-in, Two-out" rule.  This requires each £1 of additional cost imposed on business by new regulations or legislation to be matched by double the saving.  Apparently the Government is also on track with its Red Tape Challenge. Those of us who are...

Employers don’t like harassment claims. The first reason is that employers expect that a tribunal will usually prefer the perception and injured feelings of a claimant over an objective analysis by an employer.  So employers feel that the chips are stacked against them.  However a recent case has shown again that this expectation isn’t necessarily so, and that the context of any alleged harassment matters.  This will be welcome news for employers and should be a warning to speculative claimants. The second...

The Government has announced plans for a new kind of employment contract.  It’s called an Employee-owner Contract.  It's a novel idea that's intended to apply from April 2013, but may take some getting used to. The Government will begin consultation on the idea later this month and it will be interesting to see the consequences.  In the meantime, this is how it’s intended to work: employees sacrifice some valuable rights: the right to unfair dismissal, to statutory redundancy pay and to request...