CIPD’s Top 6 reasons to go to court

The biggest challenge in Dental Practices through the Spring and Summer of 2017 seemed to be people. I’m not sure if we have greater expectations of our teams and/or our leaders or whether the general feeling of uncertainty (Brexit etc) is manifesting itself in the way we behave towards each other. All I know is I have fielded more questions from clients (& non-clients) about team behaviour than ever before.

CIPD listed their Top 6 Reason employers end up in court and how to avoid it. Full article HERE

1)Discrimination

Why a tricky area of the law is only going to get trickier – and how HR can stay ahead

Among the biggest casualties of the introduction of tribunal fees in 2013 were claims for discrimination – there was a 91 per cent drop in the number of sex discrimination cases in the first year.

The Supreme Court’s decision that fees are unlawful (see page 8) will undoubtedly mean case numbers will rise….

2) TUPE

Service provision changes aren’t exciting, but they could prove costly

It’s the four-letter word every HR professional dreads: TUPE, or the Transfer of Undertakings (Protection of Employment) Regulations, has always been fraught with the potential to confuse because it is highly technical and heavy on detail.

Recent cases have focused on one key aspect of the regulations – whether there has been a service provision change during a transfer, which can then determine which employees retain their current terms and conditions (or not) under TUPE at their new employer….

3) Flexible working

Justifications matter when it comes to granting or denying requests

According to Deloitte’s Millennial Survey 2017, flexible ways of working – whether that’s location, hours or contractual arrangements – are highly valued by workers born between the early 1980s and early 2000s. Those in organisations with a high degree of flexibility are more likely to be loyal to their employer and to say this has a positive impact on their wellbeing and that of the business…

4) Religion

From dress codes to the intricacies of helping people from different faiths work together

When it comes to religion at work, one of the ways it is most visibly expressed is in the way employees dress. Two European cases have provided food for thought on whether employers can be proscriptive with dress codes in relation to religion….

5) Parental leave

Problems over parity between mums and dads could be storing up trouble

With discrimination against women during pregnancy or maternity leave costing businesses close to £280m a year, according to the Equality and Human Rights Commission, parenthood at work is potentially expensive. And discrimination is a particular consideration when it comes to shared parental leave (SPL).

6) Disciplinaries and grievances

Follow the rule book and keep a written record – or be prepared to write a large cheque 

HR isn’t all about the process. But when a disciplinary or grievance makes the news, you can be pretty certain someone, somewhere didn’t follow the rules. Both are situations that organisations strive to resolve informally and internally to avoid a costly tribunal. “Most employees are quite reluctant to raise a formal grievance because they think they will be earmarked as a troublemaker, and employers wish to avoid the fallout,”

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