In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal.

In this episode I cover:

• What Constructive Unfair Dismissal is?
• How the law came about
• Why we have the legal right to claim constructive unfair dismissal
• How constructive unfair dismissal differs from unfair dismissal
• The leading case and judgement from Western Excavating v Sharp
• An employee can claim an employer has breached both express and implied terms
• The implied term of trust and confidence and how this was established
• The leading case of Malik v BCCI
• What an employee needs to show in order to claim constructive unfair dismissal.

If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion.

Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

What is Constructive Unfair Dismissal?

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction.

In this episode I cover:

• What a warning is.
• Why some managers use warnings inappropriately.
• When a warning should be used.
• The procedure for issuing a warning.
• Why it is important to follow the correct procedure when issuing a warning.
• How long warnings should last for.
• What you should consider if you want to give an indefinite warning.
• When you can take into consideration an expired warning.
• What to consider if you want to dismiss an employee after cumulative warnings.
• How getting the process wrong could lead to a claim for constructive unfair dismissal.

If you would like training and support for your managers to empower them to deal with capability and disciplinary processes confidential and correctly, please don’t hesitate to get in touch for free in obligation discussion..

Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Disciplinary Issues

Unfair Dismissal

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay.

We cover the key points employers, employees and HR professionals need to know, including:

• Why it is important to calculate leave entitlement and pay separately.
• How to calculate annual leave entitlement for a regular employee with guaranteed or set hours.
• How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker.
• What you need to consider when calculating holiday pay for all employees.
• When you can pay the standard or basic pay for holiday.
• When you need to calculate the average pay over the last 52 weeks and pay this for holiday.
• What rolled up holiday pay is and when you can pay it.
• Why you will need to rectify any issues with your calculation of holiday pay now.
• What changes are set out in the Employment Rights Bill 2025 in regard to holiday record keeping.

Whether you are an employer, HR advisor, or employee looking to understand your rights, this episode offers clear, up-to-date guidance on annual leave and holiday pay.

Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Holiday Pay: What is Rolled Up Holiday Pay?

Holiday pay and holiday entitlement changes 2024

When is a ‘Worker’ a ‘Worker’ for the purposes of employment law?

Worker Status & the ‘Gig’ Economy: Addison Lee Drivers

Uber Drivers Have Workers Rights: Episode 66

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth.

We cover the key points employers, employees and HR professionals need to know, including:

• What neonatal care leave is and who will be eligible
• How the statutory leave and pay will work in practice
• The qualifying conditions for employees
• The likely impact on employers and pay requirements
• Practical steps to prepare for the new legislation

Whether you’re an employer, HR advisor, or employee looking to understand your rights, this episode offers clear, up-to-date guidance on this important new family-friendly policy.

Don’t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

We have a template policy, with guidance notes, available to download now on our website for £18. You can purchase now here: Neonatal Care Leave and Pay Policy

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE.

This is episode 5 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover the following questions

• Can you change employee terms so that they are the same as your existing employees?
• When can you make changes to employee contracts?
• Can you make changes to terms if a couple of years have passed?
• What happens to employee holiday entitlement when they transfer?
• What if the client decides they no longer want the service we provide and do not appoint a new provider or bring the work in-house?
• What if TUPE does not apply to a particular employee but the transferor and transferee agree for them to transfer?

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Episode 3 – Automatic Unfair Dismissal

Episode 4 – The legal duty to inform and consult

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer.

This is episode 4 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• The requirement to provide employee liability information for the incoming employer.
• When you may have to provide employee information under the terms of your contract with a customer.
• Who employers need to inform about a transfer.
• When employers need to elect employee representatives.
• When an employer can inform employees directly.
• When the obligation to consult with employees arises.
• Practical steps to plan ahead and ensure compliance with legal obligations.

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Episode 3 – Automatic Unfair Dismissal

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £225 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment.

This is episode 3 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• The additional protection from unfair dismissal as a result of a transfer.
• When the automatic unfair dismissal right applies.
• The required length of service to bring a claim for automatic unfair TUPE dismissal.
• The defence to a claim for automatic unfair dismissal under TUPE.
• What economic, technical and organisational reasons have been successful defences.
• When a dismissal is not linked to the TUPE transfer.

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw