The Xperthr Podcast

Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, joins us to discuss the legal and practical issues related to covert recordings at work. We consider the challenges employers are likely to face including the recording of disciplinary proceedings by employees, and dealing with evidence covertly obtained to support harassment allegations. We also discuss what employers should know before making a covert recording, and how policies and procedures can be best drafted to mitigate common risks.

Senior HR practice editor Noelle Murphy discusses the trends in sickness absence and labour turnover rates - including rates among employees with less than 12 months' service - and considers what these changes mean for HR and the wider business.

Naomi Goldshtein, compliance manager at Fragomen, joins us to discuss what employers need to know about the right to work in the UK. This includes the key points often overlooked by employers when it comes to the prevention of illegal working in the UK, documentation required, and outlines the process that should be followed.

Naeema Choudry, partner at Eversheds Sutherland, joins us to discuss the EAT decision of Kelly v Royal Mail Group which highlights common issues and dilemmas associated with long-term poor attendance, including constructive knowledge of disability and the weight to attach to occupational health advice. We also discuss how a decision to dismiss for poor attendance may fall within the band of reasonable responses, even where it was acknowledged to be harsh.

Handling difficult conversations is an essential skill for line managers but it doesn't come easily. Gary Bates and Sarah-Jane Georges, both account directors at behaviour change company Steps, discuss the best ways to develop line manager confidence and competence in having such conversations. This includes the key principles around having effective and productive conversations when the subject matter is difficult or potentially upsetting for the employee, and offers examples using role play.

Matthew Perry, a solicitor at Wedlake Bell, joins us to discuss the benefits of embedding effective whistleblowing arrangements in your organisation, and guides you through the steps to take should you receive a whistleblowing complaint.

Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, joins us to discuss the legal and practical issues that employers need to think about when contemplating positive action.

Getting the right dress code in place for your organisation means not falling foul of the law in this area. Beverley Sunderland, managing director of Crossland Employment Solicitors, joins us to set out what employers need to take into account and to provide practical guidance on rolling out a dress code policy. Sarah Byrne, HR practice editor, also joins us to discuss our latest research in this area.

Louise Haycock, director at Fragomen, takes us through the implications of Theresa May's resignation and the new proposed Brexit date of 31st October 2019.

Issues that can arise during maternity leave range from the mundane, such as keeping lines of communication open, to the dramatic, such as putting an employee at risk of redundancy. We are joined by principal employment law editor Stephen Simpson to discuss common scenarios during maternity leave, and how to deal with them.

Almost one year on from the introduction of the GDPR, we discuss its continuing importance for HR and the potential impact of Brexit on transfers of personal data. We are joined by senior employment law editor Susie Munro to go through some current data protection issues of interest to HR. We look at: potential enforcement action and the importance of staff training; the use of artificial intelligence in the recruitment process; data protection impact assessments; and the transfer of data between the EEA and the UK in light of ongoing uncertainty around Brexit.

XpertHR's annual survey of HR roles and responsibilities covers HR priorities over the coming year, budgets for carrying out activities and ratio of HR practitioners to employees. Senior HR practice editor, Noelle Murphy, takes us through latest findings, key points of note from the research and identifies trends over time. Recruitment challenges for the HR profession and the impact of Brexit are also discussed.

Handling disciplinary and grievance situations is a perennial issue for HR, and having robust procedures in place is the cornerstone of a fair process. Max Winthrop, head of employment law at Short Richardson and Forth LLP, joins us to discuss some of the key points you need to have in mind, including how recent updates to the Acas guidance on disciplinary and grievance situations may impact your approach.

Settlement agreements form an essential part of an employer's toolkit, providing a means to terminate employment on mutually acceptable terms without the risk of tribunal claims. Their success, however, depends on effective negotiation with the employee and compliance with technical rules. Nick Chronias, partner at DAC Beachcroft LLP, joins us to discuss the key features of the settlement process including the following: starting a conversation with an employee around termination; the difference between "without prejudice" discussions and "protected conversations"; the tax treatment of termination payments; confidentiality clauses; pitching the offer; and the technical rules that govern settlement agreements.

How should employers approach political discussions at work? Can employers prevent employees from displaying pro- or anti-Brexit paraphernalia at work? What about staff campaigning or protesting outside working hours? Will employers making redundancies because of Brexit really choose leave voters as the first to go? We are joined by principal employment law editor Stephen Simpson to discuss five scenarios related to Brexit and political opinions at work.

With 29 March fast approaching, we talk to Louise Haycock, a director and immigration solicitor at Fragomen, about what employers should be doing to prepare for all Brexit scenarios. Louise discusses the potential implications for employers of the various parliamentary outcomes, including the following: the impact on EU citizens working in the UK and vice versa; managing international assignments and business visitors; carrying out recruitment checks; using the settled status scheme; the status of Irish citizens working in the UK; supporting EU national workers; and reviewing your policies and procedures.

The recent decision of Awan v ICTS (UK) Ltd highlights the risk of dismissing an employee who is in receipt of permanent health insurance payments. Laurie Anstis, director with Boyes Turner LLP, explains the implications of the decision and the steps you can take to mitigate against the substantial financial risk of getting it wrong. Presenter Laura Merrylees is joined by Laurie Anstis. 

Employee wellbeing is high on the HR agenda, given its relationship with improved business performance. We explore XpertHR's latest research based on the experience of over 400 HR practitioners around initiatives in five key areas: health; job-related financial security; working environment; work-based relationships; and job purpose. We look at the top three reasons for organisations running wellbeing initiatives, how you can get it right and the challenges you might expect to meet along the way.   Presenter Laura Merrylees is joined by Noelle Murphy. 

The #MeToo movement has become a global phenomenon and is rarely out of the news. But what should employers be doing to combat sexual harassment in the workplace? Kelly Thomson, legal director at law firm RPC and XpertHR contributing author, gives us some top tips on the steps that employers can take to prevent sexual harassment. Kelly also gives her insight into how employers should deal with complaints of sexual harassment in the workplace and the key pitfalls that they should avoid. Presenter Fiona Cuming is joined by Kelly Thomson.