The Xperthr Podcast

We provide a mid-year round-up of high profile employment cases in 2017. We discuss two disability discrimination cases relating to absence management (O'Brien v Bolton St Catherine's Academy) and recruitment (Government Legal Service v Brookes). We also look at one of the first employment tribunal cases relating to shared parental pay (Ali v Capita Customer Management Ltd) and two European Court of Justice cases on religious dress (Achbita and another v G4S Secure Solutions and Bougnaoui and another v Micropole SA). We finish by flagging up some upcoming cases in 2017 involving whistleblowing, the gig economy and employment status, and discuss the outstanding decisions regarding the tribunal fees regime and carrying over annual leave. Presented by Ellie Gelder and Laura Merrylees.

Identifying the correct selection pool is a fundamental part of establishing a fair redundancy process. Getting this wrong at the outset can undermine the rest of the process. In this week's podcast, we provide practical advice on the factors to consider when identifying a selection pool. In particular, we look at: the steps an employer can take if there is no agreed procedure on pooling in place; what to do if only one person is affected by the redundancy; an employer's discretion over the size of the pool; how to approach redundancies across multiple sites; and how to deal with employees that are absent on sick leave or maternity leave. Presenter Laura Merrylees is joined by Zeba Sayed.

In this week's podcast, we discuss five areas in which the risk of reputational damage can be an issue for employers, and what HR professionals can do to reduce the risk of their organisation's reputation being damaged.

Interviewing a candidate is one of the most challenging parts of the recruitment process. Preparing effectively can help to ensure that the outcome is successful, and that the interview is conducted in a fair and non-discriminatory manner. In this week's podcast, we discuss the problems that can occur during an interview and provide practical tips on how to get the most out of the process. Presenter Laura Merrylees is joined by Bar Huberman.

Although organisations are increasingly aware of the new requirements under the EU General Data Protection Regulation, many are not sure how the GDPR will affect HR function. We discuss how HR will contribute to the GDPR compliance process. In particular, we look at possible HR roles in: conducting a data audit or creating a data map; identifying legal grounds to process employment-related data; and reviewing HR policies and procedures to ensure that they incorporate GDPR requirements. Presenter Jeya Thiruchelvam is joined by Qian Mou.

In this week's podcast, we explain what HR should do when faced with some tricky scenarios related to the right to be accompanied at disciplinary hearings. The seven scenarios discussed include a worker requesting a companion with a history of disruptive behaviour, and a worker asking for a postponement at the last minute to find a companion. Presenter Ellie Gelder is joined by Stephen Simpson.

In this week's podcast, we look at how employers can prepare in advance to get the most out of probationary periods. In particular, we look at: contractual provisions on probationary periods; setting expectations and objectives; addressing performance and conduct issues; extending the probationary period; and confirming the employee in post. Presenter Ellie Gelder is joined by Susie Munro.

In this week's podcast, we explain the basics of the national minimum wage and highlight some of the pitfalls for employers.

In this week's podcast, we give an overview of the apprenticeships system, focusing on the situation for employers in England. We take a look at: the funding system, including the apprenticeship levy and online apprenticeship accounts; the difference between apprenticeship frameworks and standards; apprenticeship agreements; and the employment rights of apprentices. Presenter Jeya Thiruchelvam is joined by Susie Munro.

We discuss the key findings of our new research on employers' annual leave offerings and explain how employers are working out holiday pay in the light of the glut of case law in recent years. Presenter Ellie Gelder is joined by Michael Carty and Stephen Simpson.

In this week's podcast, we look at some key areas of consideration for an employer with an employee on long-term sickness absence and possible pitfalls to avoid. In particular, we cover: - obtaining medical advice on the employee's condition and fitness for work; - holiday in the context of long-term sickness absence; - managing an employee on long-term sickness absence who is disabled; and some of the steps you'll need to take before considering dismissal for incapability. Presenter Ellie Gelder is joined by Sarah Anderson.

We discuss different aspects of short-term sickness absence and explore the practical steps that employers can take when dealing with this type of absence. Presenter Ellie Gelder is joined by Sarah Anderson.

In this week's podcast, we discuss the factors to consider when carrying out recruitment advertising. In particular, we look at: using the most appropriate media to advertise vacancies; equality issues around the placing of job adverts; avoiding discriminatory wording; the pros and cons of including salary details in a job advert; and whether or not employers must adhere to stated application deadlines. Presenter Jeya Thiruchelvam is joined by Clio Springer.

In this week's podcast, we examine several legal cases as we explore the situations where an employer may be found to be vicariously liable for an individual's negligent or discriminatory actions. Presenter Laura Merrylees is joined by Fiona Cuming.

We discuss the new duty on employers with 250 or more employees to report annually on their gender pay gap, and explore the differences between the requirements for the private and voluntary sectors and the public sector. Presenter Susan Dennehy is joined by Nicky Green from law firm Capsticks.

Private-sector organisations have predicted their pay awards. In this podcast we look at the median basic pay increase employers are expecting to award employees in the year 2017/18. The podcast covers: pay levels in the private sector; pay awards in relation to the rate of inflation; factors shaping the level of pay increases; the top priorities for reward departments; and the uprating of the national minimum wage and the national living wage. Presenter Jeya Thiruchelvam is joined by Jo Jacobs and Sheila Attwood.

In this week's podcast, we discuss the reasons behind the decisions in Uber, CitySprint and Pimlico Plumbers. We explore the factors that employers may wish to consider where they are engaging individuals on a self-employed basis. Presenter Laura Merrylees is joined by Fiona Rushforth, senior associate at Wedlake Bell, law firm.

Requirements for women to wear high heels, make-up and a skirt were common in the 1970s, but do such requirements have any place in a 21st-century employer's dress code? In this week's podcast, we discuss the recent controversy around sexism in workplace dress codes. Presenter Ellie Gelder is joined by Stephen Simpson.

We discuss the key employment law trends and changes that are affecting the HR landscape, including: gender pay gap reporting; the Trade Union Act 2016; public-sector exit payments and employment status. Hosts Laura Merrylees and Ellie Gelder are joined by Darren Newman, leading employment law expert.

In this week's podcast, we explore the steps that you can take to reduce the risk of having an indirectly discriminatory provision, criterion or practice. We also discuss what to take into account when deciding whether or not indirect discrimination can be justified. Presenter Jeya Thiruchelvam is joined by Bar Huberman. Edited and produced by Clare Allerton.