The BOSS Federation is the trade association which serves the UK office supplies and services industry by providing a range of initiatives, cost saving benefits and services, to enhance the business performance of its members.
News
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Employment Tribunal Fees: Spend Money to Claim Money
15 May 2013
Employment Tribunal Fees: Spend Money to Claim Money
After much consultation, rumour and conjecture, the divisive issue of employment tribunal ("ET") fees has been finalised.
Claims made to the ET will be split into levels one and two respectively, with different fees being applicable at each level depending on the type of claim submitted by the Claimant.
Redundancy and Poor Performers
15 May 2013
Redundancy and Poor Performers
This month we again visit the often complex area of redundancy, this time with a focus on the rather unique recent case of Malekout v Ahmed & Others.
Here Mr Malekout was the long-time manager of a medical practice, who after over a decade of service began to make threats to the effect that he would soon be handing in his resignation. His doctor bosses were concerned that Mr Malekout's departure would leave them without a practice manager and naturally the administrative chaos that this would wreak on their business.
E-Cigarettes and Alcohol
15 May 2013
E-Cigarettes and Alcohol
It is well established that smoking in the workplace is prohibited by law and that following this and wider smoking bans in society, many employees have sought to quit.
A relatively new method of kicking the habit is the 'E-cigarette'. This is not classed as 'smoking' as nothing is actually burned in the process, making them akin to nicotine inhalers with the addition of an inhalable water vapour through which the nicotine is delivered.
There is presently no legislation whatsoever to prevent an employee from using an E-cigarette in the workplace.
So does an employee have carte blanche to puff away on their E-cigarette all day?
Redundancy selection: the Krypton Factor
17 April 2013
Redundancy selection: the Krypton Factor
Selecting employees for redundancy is a difficult process, often an exercise in removing part of the workforce so that the whole may continue to work and hopefully grow once again. In seeking to make the unpleasant choices there should naturally be a degree of objectivity in the selection methods used. Often this is done via a matrix of key attributes (such as absences, sales records etc.) where candidates for redundancy are 'scored' against colleagues also up for selection.
How far do employers need to go towards proving misconduct allegations?
17 April 2013
How far do employers need to go towards proving misconduct allegations?
There is no hard or fast rule for employers to follow when determining whether their investigation is sufficient to justify a misconduct dismissal. However, does the law require employers to merely have a 'reasonable belief' that the misconduct has taken place or is fairness determined by whether or not the alleged act happened?
The April spring clean
09 April 2013
The April spring clean
Once again it is April and with this comes the employment law equivalent of 'spring cleaning'. The April 2013 'spring clean' brings about the following changes:
Enhanced redundancy offers for older employees endorsed
18 March 2013
Enhanced redundancy offers for older employees endorsed
The redundancy selection and dismissal procedure is never simple or straight forward for any business, but redundancy pay on the other hand is simple enough for those businesses who only offer the statutory package. However, where a business has a policy which offers older employees an enhanced voluntary redundancy package, would this contravene the Equality Act 2010 and amount to discrimination against their younger workforce?
New guidance on Fit Notes
18 March 2013
New guidance on Fit Notes
Business owners and HR teams will recall the reason for the introduction of 'Fit Notes' in 2010, was to give employers and employees more flexibility in managing sickness absence and helping employees to obtain the support they required to get back to work.
Issuing final warnings: The correct approach
18 March 2013
Having a clear, staged and understandable disciplinary response to conduct and capability issues is essential to any business regardless of size. In the printing industry this is particularly relevant for companies with a higher ratio of junior staff to management, where such procedures are more likely to be invoked simply because of the number of inexperienced staff.
Guidance on Religious Belief
20 February 2013
You will be aware of the latest decisions in long-running religious discrimination cases, including the woman at British Airways who was not allowed to wear a crucifix.
Shared parental leave and flexible working
13 February 2013
The Government is acting on the promise made last year to commit to working families in the 21st century through the publication of the Children and Families Bill. You may recall that the proposals relating to changes in employment law included shared parental leave, pay and extending the right to request flexible working to all employees - this has now been put in motion. The Bill has been through its first reading and though all is not yet clear, we now have a fair idea of the changes to be implemented.
The importance of investigation before dismissal
13 February 2013
The importance of conducting a thorough investigation during disciplinary proceedings is clear to any employer, because this goes to establishing that they reasonably believed the employee to be guilty of the allegations. But how far does an employer have to go in investigating an allegation to be able to dismiss an employee?
Notice and determining the Effective Date of Termination (EDT)
13 February 2013
Contracts of employment should always contain clauses setting out the amount of notice to which an employee is entitled. Dismissal without giving the proper notice is then a breach of contract. And a little known legal wrinkle is that an employee is entitled to reject the breach, in which case his contract will continue. Given the facts of the case below, BOSS Federation members may wonder how this could possibly apply to them. However, read on....
Continued Employment Law reforms: System of flexible parental leave
17 December 2012
Continued Employment Law reforms: System of flexible parental leave
Last month, Deputy Prime Minister, Nick Clegg announced that, from 2015, the UK will have a new system of flexible parental leave and the right to request flexible working will extend to all employees from 2014.
To dismiss or not to dismiss - guidance for accumulative warnings
17 December 2012
To dismiss or not to dismiss - guidance for accumulative warnings
It is common practice for disciplinary warnings to remain active in an employee's personnel file for a period of 12 months. Any further warnings during this period may lead to the higher sanction of dismissal depending on the type of misconduct committed.
How will the new owner employee status work?
13 November 2012
How will the new owner employee status work?
The economic downturn has meant that business owners have had to be more creative with both their business ventures and motivating their staff. Recently it seems that even the government is following pursuit, as last month the Chancellor of the Exchequer, George Osborne, announced plans for a new kind of 'employee owner' employment contract, as part of the plans to improving the UK economy and creating greater employment flexibility.
How important is a signed contract?
13 November 2012
How important is a signed contract?
Most businesses, regardless of whether or not a Human Resources (HR) department exists will ensure that new employees receive an employment contract or at the very least some form of statement setting out their terms and conditions. Unfortunately not all businesses or HR personnel are as diligent at ensuring that the employee returns a signed copy of the agreement.
Are your casual workers really employees?
13 November 2012
Are your casual workers really employees?
The printing industry, like any other industry, employs a range of employees, consultants and casual workers, particularly to deliver larger projects on time. This saves both expense and management time, and many of the staff work on a recurring basis. However not many businesses consider the legal status of a consultant or casual worker who has been working with them over the last 5 years, in varying roles, with varying duties.
Are 'without prejudice' conversations safe?
17 October 2012
Are 'without prejudice' conversations safe?
Employer-employee relationships can become strained due to a number of different factors and sometimes both parties wish to amicably part ways and embark on what they term as 'off the record' or 'without prejudice' conversations with a view to entering into a compromise agreement. The Question is; if no agreement is reached can the content of those conversations be admissible in the employment tribunal?
When is a dismissal within the range of reasonable responses?
16 October 2012
When deciding whether a dismissal is within the range of reasonable responses, a pertinent question is whether an employment tribunal can consider matters which the employer did not take into account?