PBS HR Newsletter Summary – August 2018

Companies ‘named and shamed’ for failing to pay the national minimum wage

A list recently published by the Government names and shames 239 companies who are continuing to breach minimum wage laws and are facing significant fines. These figures, which show an increase of nearly 60 organisations since the last set of statistics in March 2018, proves workers are becoming more aware of their pay rights and of how to ‘blow the whistle’ on their employer.  Read more….

The case of the disappearing dismissal

When conducting an appeal against dismissal, an employer may conclude that the original dismissal procedure was flawed and may seek to put it right at the appeal stage, so as to avoid an unfair dismissal claim.  The Court of Appeal in Patel v Folkestone Nursing Home Ltd has confirmed that this will usually be possible.

Patel was employed as a healthcare assistant in a nursing home. In April, he was dismissed without notice for gross misconduct, following a disciplinary finding that he had slept on duty and falsified residents’ records. Mr Patel was informed that he would be reported to the care homes regulator because he had put residents at risk.  Read more….

Insecure employment causes increase in side-hustles

A study by the Henley Business School has revealed that 40% of UK workers run independent businesses in addition to their normal day jobs. The number of people involved in these businesses, known commonly as ‘side hustles’, is predicted to increase to half of the adult population by 2030.

Side hustles are typically micro businesses which people operate after work and at weekends. Common examples include jewellery making, freelance writing, and online tutoring. Despite their size, the research revealed that these micro-businesses generated a total of £72bn for the UK economy in 2017, equivalent to 3.6% of GDP.  Read more….

Employers feel their workplaces are not ‘liberal enough’ for trans workers

A survey of 1,000 employers undertaken by Crossland Employment Solicitors found that over 43% would hesitate to recruit a trans person for a role.  The research also found that 77% of the employers were not fully aware of the protections afforded to trans workers by the Equality Act 2010. The result was that only 3% of the participants had sufficient procedures for trans people in their workplace. Read more….

Almost half of all students regret going to university

Research by Barclays Apprenticeships has revealed that almost half (48%) of students and graduates who left university in the past five years regret their decision to go to university, and 44% said they do not need a degree to do their current job.  It also found that 65% of young people felt under pressure to go to university, with 34% citing this pressure as coming from their parents and 19% from their friends.  Read more….

Court of Appeal rules ‘sleep-in’ workers not entitled to minimum wage

The Court of Appeal has held that care workers who sleep-in are not entitled to the national minimum wage (or national living wage) for the time they are asleep. This applies to those employees who are available to provide care support and may be woken, if required, but otherwise are expected to sleep for all/most of the night. It applies where workers are given suitable facilities for sleeping (normally a bed) at the place of work. This important decision in the joined cases of Royal Mencap Society v Claire Tomlinson-Blake and Shannon v J&P Rampersad (t/a Clifton House Residential Home) changes what had previously thought to be the law.  Read more….

A dog friendly office can motivate employees

As many as 42% of Millennials say that they would enjoy having a canine companion in the workplace. So, having a Pets at Work (PAW) scheme can make good sense for recruitment.  Even more importantly, it seems that it can actually give all your employees a boost as 24% of companies that have implemented PAW say that relationships in the workplace have been improved since their introduction. Add to this the fact that 40% say PAW programmes have enhanced their work/life balance, and 48% believe a dog could reduce stress.  Read more….

No automatic right for EU citizens to work in the UK post Brexit

In a recent statement the Home Secretary, Sajid Javid, has ended debates around the continuation of freedom of movement after the UK leaves the EU. At a recent congregation of the Home Affairs Select Committee, Javid stated “There will be a complete, total end to freedom of movement…no back-door version of that, freedom of movement will end”. Read more….


This newsletter was curated by Nicole Squires, MA, Chartered MCIPD, an Executive Consultant at People Based Solutions. People Based Solutions is an HR support company that specialises in supporting small and medium sized businesses meet all of their HR commitments. If you want to know how People Based solutions can help you meet your HR and Employment Law obligations click here for your free HR Health Check. Alternatively, you can call us on 01925 425 857, send an e-mail to enquries@peoplebasedsolutions.co.uk or Click Here to visit our website.

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