Hot HR Update 20-24 February

What's happening in Hot HR this week

Welcome to all new members - we now have 1,365 members and the group is really seeing some great discussions and activity.

This week's update from Hot HR, provides you with the Speed Read from employment lawyers Ward Hadaway and a sample of interesting discussions and updates from the group for you to to read, join in and comment on.

WARD HADAWAY SPEED READ 20/2/12:

*Hands off my clients

*Can indirect age discrimination be justified by cost?

*Surrogate mothers - do they have rights?

DISCUSSIONS: Lots of great discussions this week, here's a snap shot:

* Mediation - woefully under-used but the government is actively promoting it as alternative to tribunals. I have a new checklist on "Mediation in the Workplace" which members may find useful.                    

* Should employers insist on 'proper english?'

* I often see smaller companies where the HR lead is the only women on the senior management team. I'm interested in members experience of this and how it affects their effectiveness. 

* I'm creating a guide for line managers on how to handle employees who go out on maternity leave and a fact sheet for the employee. Does anyone have something similar they can share? Thanks!                                        

To read more, comment or start a discussion join here

EVENT: The very popular 'Social Media & Recruitment - The Right Way' seminar, held in association with Hot HR, is being running in Birmingham on 29th March. For more information or to register please click here 

HR JOBS - Please look in the job section for current HR roles

JOIN US- Hot HR welcomes new contributors and partnerships, if you would like to discuss this further, please contact Alex via Hot HR.

Please see the Hot HR blog for other articles and updates. Also follow Hot HR on Twitter @Hot_HR. Not already a member, click here to join Hot HR.

We look forward to seeing you in Hot HR!

Hot HR Weekly Digest and Blog 11-15 July

Hello and welcome to this week's Hot HR weekly digest and blog. 

Here is a round up of this week's discussions and exciting news from within the group:

Speed Read 
1. Employee not unfairly dismissed after refusing pay cut
2. Agency workers are not employees
3. We had no actual knowledge of your disability!? 

To find out more connect to Hot HR

Discussion
This week we have had lots of activity and discussion, here is a summary of the most popular (in no particular order):

1. HR in the Care Sector
2. Has anyone passed the booking of external training to employees? I would be interested in hearing what has been positive and    what the issues have been.
3. I would really appreciate your thoughts on attaching policies to the employment contract. Personally I've never advised this    but I have a client who is adamant they want it this way.
4. Health & Safety in small companies

To read more join Hot HR


Strategic Partner - An exciting opportunity for Hot HR members!
Welcome to Andy Whittle from Genesys Training.

Andy is based in Warrington and assists new and existing clients with business management systems training requirements, specialising in standards ISO 9001, ISO 14001, OHSAS 18001 and ISO 50001, he is responsible for scheduling and running public training courses throughout the UK.

Hot HR continue to add to the portfolio of content members who can add value to the group and to Hot HR members and to compliment each other's skills and expertise.

Our content members are:

• Harmajinder Hayre Employment Lawyer from Ward Hadaway Solicitors
• Stephen Hart owner of Edenchanges training
• Andy Whittle from Genesys Training

If you would like to ask our strategic partners any questions please join Hot HR and if you would like to become a strategic partner or write an article for our Hot Spot along with Michael Rabone, HR Manager for The Seafood Restaurant group owned by Rick and Jill Stein in Padstow, Cornwall please contact me.

TEMPORARY AGENCY WORKERS DIRECTIVE

From 1st October 2011 there will be major changes in respect of agency workers under the implementation of the Temporary Agency Workers Directive.

 This directive means that agency workers will have the same basic terms and conditions such as pay, working hours and holidays, as a directly employed worker, after they have been in the job for 12 continuous weeks.

It is essential to note that the 12-week period must be continuous, with the worker in the same role, with the same hirer throughout on one or more assignments/jobs.

Continuity of this 12-week period will be deemed to be broken if the worker, while assigned to the same hirer, is given a new role comprising of substantively different duties or work.
Employers hoping to avoid high costs when new agency workers legislation comes into force by repeatedly terminating agency worker contracts at 11 weeks, breaking the cycle for six weeks and then rehiring them, could still be breaking law.

One avoidance tactic in theory would be to terminate all agency worker contracts at 11 weeks and ensure there is a break of more than six weeks before the same workers are hired again, thereby ensuring they do not qualify for equal treatment as per the legislation.

However, this is not advisable. It may not be manageable in practice and risks breaching the anti-avoidance provisions which are aimed at penalising hirers where they intentionally structure assignments to avoid the regulations.

It is not possible to ‘contract out’ of the Regulations

It is not possible to contract out of the legislation, this is expressly prohibited, with a fine of up to £5,000 for avoidance arrangements which are designed to prevent the 12 week qualifying period being met. For example, if a hirer was to intentionally rotate agency workers through substantively different assignments to break continuity.

These anti-avoidance provisions are only effective when the worker has completed two or more assignments or roles with the hirer or with connected hirers and potentially require tribunals to investigate hirers’ motives where assignments raise suspicion.

Keeping records

Effective record-keeping is essential for firms wishing to stay on the right side of the law, which also stipulates that the qualifying 12 week period does not have to be with the same agency.
An agency worker working with different agencies that each places him with the same hirer in the same role for just one day per week in a 12 week period will qualify for equal treatment under the law.
This introduces a requirement upon agencies and hirers to keep much better records of agency worker placements and to share that information between each other, which is likely to prove administratively difficult and costly.

Flexibility

While trade unions argue the legislation is long overdue, some employers’ organisations fear it could increase wage bills and reduce flexibility, while others are most worried about the extra paperwork.

Weekly Digest 4th - 8th April

Hello and welcome to this week's Hot HR weekly digest!  I hope you find it useful and informative.

The week's summary/round up of information includes:

• The week's Speed Read posted by Harmajinder Hayre from Ward Hadaway, the only employment law specialist within the Hot HR group
• Interesting Read - topical information posted in the group
• Question Time  - most popular question or discussion from within the group

This week's interesting and useful Speed Read from Ward Hadaway focussed on:  

1. The difference between a volunteer and an employee

2. Bribery Act guidance for commercial organisations

3. Important changes in April

Interesting Read -   The Agency Workers Regulations are probably going to be the most significant piece of legislation ever to hit the UK's private recruitment industry.

Question Time - Could anyone help me with a query regarding appeals?

Hot HR  Poll results - 'What content would you most like to see from a dedicated LinkedIn HR group?'

Questions & Discussions = 44%

Legal Updates = 33%

            

With the above poll results in mind, thank you to those new members who are contributing to the discussions in Hot HR. Please continue to contribute to the group and help it grow in quality and size.

Have a great weekend - enjoy the spring sunshine!

To read the comments and for more info join Hot HR