FusionHR Blog

HR news, updates and tips to help manage your people.

Blog Archive

An employer’s guide to ‘Right to Work’ checks

Wednesday, 27 July 2016
 

With effect from 12 July 2016, under section 21 of the 2006 Act (as amended by section 35 of the 2016 Act), an employer will commit an offence if they employ an illegal worker and know or has reasonable cause to believe that the person has no right to do the work in question. This means that the investigating agency does not have to prove that the employer knew that the employee had no permission to work.


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Does action need to be taken by the Government to help businesses tackle absence?

Wednesday, 6 July 2016
 

This month has seen the manufacturers’ organisation, the EEF, make a plea to the government to help businesses tackle sickness absence. They want the government to consider subsidising private treatment for employees to reduce the burden on the NHS and help employers get employees back to work quicker. Read more about the impact of absence on businesses and steps that you can take to address absence.


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Is Hilary Clinton the only one to be investigated for handling sensitive information using a personal email address?

Wednesday, 6 July 2016
 

Hilary Clinton has now been cleared of charges despite emails being found with classified information on her personal email. The FBI has said it was careless but not deliberate. However, in a recent case the Information Commissioner’s Office (ICO) prosecuted an employee for sending sensitive information to a personal email address. The difference is intention. The ICO have highlighted their dedication to strengthening prosecution for data cases and employers should be vigilant.


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Can Brexit discussions lead to discrimination?

Wednesday, 6 July 2016
 

With talk in the office, on the street and at home still revolving around the EU referendum it’s important to be aware of some potential HR issues that might apply as a result. We’ve listed the top things to be aware of as an employer in relation to discussions in the office.


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ACAS code ruled not applicable in relation to dismissals for some other substantial reason

Wednesday, 6 July 2016
 

In the recent case of Phoenix House Ltd v Stockman & Anor, the EAT said that the ACAS Code of Practice on Disciplinary and Grievance Procedures did not apply to a dismissal for ‘some other substantial reason’ (SOSR).


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Wide interpretation of PCP still causing confusion

Wednesday, 6 July 2016
 

There have been many examples now of the courts choosing to apply a wide interpretation of ‘provision, criterion or practice’ under the Equality Act 2010. The latest Carreras v United First Partnership Research, has added to this advising that any formal or informal policies, rules, practices, arrangements or qualifications including one-off decisions and actions can be included in PCP.


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Can a job offer be withdrawn based on absence records?

Wednesday, 6 July 2016
 

Recent case-law has added further weight to the argument surrounding reasonable adjustments and considerations in relation to absence. In West v Yorkshire Ambulance Services NHS Trust, the tribunal ruled that the nurse was discriminated against based on her disability when a job offer was withdrawn.


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Be careful when agreeing variations to contracts

Wednesday, 6 July 2016
 

Guidance from the case of Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd highlighted that variations to contracts can be both verbal and in writing, even if in a contract it specified that it needed to be in writing.


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When calculating holiday pay is voluntary overtime included in ‘normal pay’?

Sunday, 12 June 2016
 

A number of recent tribunal cases have indicated a persuasive move to include voluntary overtime when calculating holiday pay. As a result, questions have been raised as to what is compulsory overtime, voluntary overtime and what is meant by ‘normal pay’ and ‘sufficiently regular’.


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Immigration Act 2016 comes into effect 12 July 2016

Thursday, 2 June 2016
 

In 2014/15 Immigration Enforcement issued 1,974 civil penalties to businesses employing illegal workers. The Immigration Act 2016 will bring in changes to how foreign labour is used and how employers can be prosecuted. 


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Blog Archive

Blog Archive