The Xperthr Podcast

It is critical for employers to follow a fair procedure before dismissing an employee. Here, Fiona Cuming, senior employment law editor at XpertHR, discusses a series of recent employment tribunal decisions where unfair dismissal claims proved successful because of procedural mistakes made by the employer during the disciplinary process.

Workplace sickness absence is a complicated area for employers. In this edition of the podcast, Paula Flores, an HR Data Insights Analyst at XpertHR, leads us on a tour of the findings of our annual survey of absence rates and costs. What are the trends and what measures can employers adopt? Resources referenced in this podcast How to manage an employee with a poor sickness absence record How to set absence triggers and targets Short-term sickness absence policy Long-term sickness absence policy Absence rates and costs: XpertHR survey 2023

Age discrimination can be a tricky area for employers. In this edition of the podcast, Susie Munro, Senior Legal Editor at XpertHR, leads us on a tour of recent cases that offer examples of how things can go wrong if they are mishandled and provides some tips on avoiding typical age-related traps. If you have questions or ideas for future editions of the show, you can email us at podcast@xperthr.co.uk. We would love to hear from you! The resources Susie refers to are:  Age discrimination: Case law round-up Age discrimination: Employment tribunal round-up Can direct age discrimination be justified? Workforce planning How to work without a compulsory retirement age Retirement Managing poor performance More episodes from The XpertHR Podcast

According to a recent survey, 98 per cent of HR professionals said they had felt burned out in the past six months. In this episode we ask: What is burnout exactly? Why is it afflicting so many people working in HR? And - crucially - what can you do to keep burnout at bay? On hand to address these questions are Debbie Kleiner, from Wellbeing in Work, and Bar Huberman, XpertHR's HR Strategy & Practice Content Manager.

We look at the challenges and opportunities arising in immigration in 2023 for HR and employers, including: the introduction of new visa types; an additional exemption to the immigration skills charge for senior or specialist workers; the importance of planning ahead to manage the impact of longer lead times; changes to right to work checks; benefits and issues arising from hybrid and remote working; managing sponsored workers when dealing with recruitment, restructures and redundancies; and trends and developments, including the anticipated Electronic Travel Authorisation system for EU nationals.

We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.

We shares some practical tips on how HR and employers can improve the working experience for neurodiverse employees and make the wider workforce more cognisant of some of the issues they experience.

If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.

Jen Rooney, disability inclusion specialist and founder of The Wellbeing tortoise, explores why employers need to understand and embrace the human case for reasonable adjustments to cultivate inclusive workplaces.

Nick Chronias, partner in DAC Beachcroft's employment and pensions group discusses the steps employers can take to avoid industrial action and what obligations employers have once a ballot for industrial action has been successful among employees who are members of a trade union.

Adrian Martin, head of the employment team at law firm Burges Salmon, discusses the tricky issues that can crop up when there are multiple contractors in a TUPE transfer, and how both outgoing and incoming employers can navigate these issues. Adrian takes you through the legal and practical issues involved in service provision changes, including: when and why TUPE might apply; the "fragmentation" of services; recent case law; and how HR can help to structure and shape the services to achieve the commercial objective.

Gemma Dale, HR professional and lecturer at Liverpool's John Moores University and author of the book "How to work remotely" published in June 2022, joins us to talk about progress to date with hybrid working. We cover challenges as well as emerging benefits - including dealing with reluctant returners, cultivating the right culture, building trust, and what HR should be advising senior leaders in terms of the way forward.

Bev Thorogood, menopause specialist trainer and coach, joins us to discuss how you can create and cultivate a workplace that is supportive of people experiencing the menopause transition. Bev discusses how managers can hold conversations with sensitivity and understanding, together with the steps and strategies they can use to support menopausal team members including: menopause-related initiatives; the role of policies; adjustments to working life; and tailored adjustment plans.

We outline the steps HR can take to embed authentic trust between people managers and employees and build psychological safety within workplaces.

Given that more staff now work from home, employers may be thinking about using surveillance software to help monitor staff conduct and productivity levels. But what are the legal implications of doing so and the best practice guidelines? And, just because you can monitor, does that mean you should?

Stephen Simpson, principal employment law editor here at XpertHR, joins us to talk about how employers that are operating under a hybrid working model must ensure that their sickness absence management procedures sit comfortably alongside their new working arrangements. We also present the findings of our latest sickness absence rates survey.

We discuss tricky issues that can arise when investigating allegations of improper conduct - such as sexual or racial harassment, bullying or discrimination - as well as some common mistakes and process points to have in mind, including issues relating to the role of HR and decision-makers.

Kate Pritchard, head of engagement and leadership at Tivian, joins us to talk about the significance of employee engagement as we are transitioning into the new world of work shaped by hybrid working, the great resignation, skills shortages and employee wellbeing. Kate also discusses changes in employee engagement and the key role that leaders need to play in driving engagement.

Max Winthrop, partner and head of the employment law team at Short, Richardson and Forth LLP, discusses the law and best practice around disability-related reasonable adjustments at disciplinary and grievance meetings including: the circumstances in which the duty arises; considerations relating to face-to-face and remote meetings; a worker's choice of companion; and the timing and rescheduling of meetings. Max also looks at two recent employment tribunal decisions, and reflects on how disability-related adjustments may become relevant in other contexts.

Uxshely Carcamo, a lawyer, psychotherapist and registered nutritionist and author at XpertHR, talks about the impact of the pandemic on mental wellbeing, the need to challenge the misconception that mental wellbeing is wholly mental ill health, potent