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Employment news from Spirit HR
Jubilee Celebratory Newsletter from Spirit HR
Greetings
This year has been enormously busy and already Keat's 'Seasons of mist' are here!   We're started right away with news that for some of you, holiday pay will increase following at ET case clarifying what should be taken into account.  We also note a case where an EAT found that dismissal should not automatically follow an employer's decision of gross misconduct.  Next, a worrying case where a company's database was taken to a competitor by a trusted 15 year service employee - read the extract from the Patents Court in our feature.  We also report EAT advise on disability related sickness absence.  Our Diary section, as ever, has key dates including our own FREE HR SURGERY; our Top Tip focuses on planning, while we hope out Through for the Day will focus us this season.

Regards


Holiday pay to increase for some employers

Do you currently include other payments such as shift & overtime pay in your holiday payments?  Well, of not, read this, holiday pay is set to rise for some employers as an Employment Tribunal finds that workers should have shift & overtime payments included in their holiday pay. This is based on what actually they do, not what the contract sets out - read more here. Claims for back-pay may follow.


Is a finding of gross misconduct automatically a dismissal?

No, says an Employment Appeal Tribunal.  In this case, an NHS Consultant was certified sick and benefiting from NHS sick pay, but continued to work for her private patients.  Although the NHS Trust followed a gross misconduct discipline process that concluded in dismissal, the court identified an error and remitted the case for review ... read what went wrong here

Trusted employee takes company database to competitor

Yet another case of a trusted employee leaving a company, after 15 years service, with a whole database of confidential business, client, pricing and prospect information.   This case was heard at the Patents County Court where the ex-employee claimed he had done nothing wrong and gave a number of reasons why his ex-employer's database was on a laptop given to him by his new employer!  In this case, since the horse has bolted, the main work for this company is prevention from future theft ; but you have the opportunity to protect your company - how safe is your data?

EAT advises steps in disability related sickness absence

An Employment Appeal Tribunal has given clear advice in this case setting out a couple of direct actions to be taken by employers when dealing an employee's disability related sickness absence.  Read this, make a  note, and ensure the steps are in your process.  Call us if you want our help.

Thought for the day

"Your present circumstances don't determine where you can go; they merely determine where you start."  ~ Nido Qubein 

Diary Dates

Diary Dates

1 September 2013
Pension auto-enrolment staging date - 1,250 - 1,999 employees

26 September 2013
Spirit HR's
FREE HR surgery - book your slot


1 October 2013
Pension auto-enrolment staging date - 800 - 1,249 employees

1 October 2013
National Minimum Wage increases

1 November 2013
Pension auto-enrolment staging date - 500 - 799 employee

1 January 2014
Pension auto-enrolment staging date - 350 - 499 employee
Calendar
Prepare for winter sickness absences

Review your sickness absence policy and process is in good shape BEFORE the winter coughs and cold season commences.  Check our recent case report in this news to get right up to date.  A complete review of an old policy is the safest bet.  Remember - the law changes constantly meaning yesterday's practices may not be acceptable today.

Here's what our Clients think of us ....

Facing an unprecented set of circumstances and having regrettably suffered what could have been an expensive exercise through our lack of knowledge, we recognised that we needed expert HR advice, and Donna at Spirit HR fitted our requirements perfectly. After an initial consultation meeting, Donna quickly and simply organised the correct procedures required and set about the tasks needed to streamline our business. By supplying verbal and written guidance and ‘holding our hand’ at difficult employee meetings, we were able to tackle the problems of redundancies and short-term working weeks, with the full knowledge that correct procedures were being adopted. In addition, Spirit HR supply templates for difficult employee letters, and the whole process was achieved with the minimum of fuss and disruption to our day to day activities. We have no hesitation in recommending the locally based Spirit-HR, and look forward to our continued association with Donna and her team

Ian J. Mayes, Commercial Director  |  S. W. Wreford & Sons Limited t/a Wreford’s Transport  |  www.swwreford.co.uk

Read all our testimonials here 


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