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Expert Insights

Employee dismissed for taking a bribe

Employee dismissed for taking a bribe ›

Bribery is the act of giving or receiving something of value to influence a transaction. The Bribery Act 2010 consolidated the law on bribery into a single piece of legislation, and set out clearly the types of offences that could be committed under the Act. It is the role of the Serious Fraud Office to…

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Managing staff over poor quality care

Managing staff over poor quality care ›

17th November 2015 | Categories: Human Resources

The Mail on Sunday published an article on 8th November expressing concern over worrying information obtained from the CQC confirming that 424 out of 1357 care services across England received “inadequate” or “needs improvement” ratings following inspections in the last 12 months. This is nearly a third of registered agencies failing to deliver good quality…

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Government Guidance on Zero Hours Contracts

Government Guidance on Zero Hours Contracts ›

2nd November 2015 | Categories: Human Resources

‘Zero-hour contracts’ provide the employer and the individual with a casual agreement which does not guarantee any hours of work, but allows the employer to offer the individual work when it arises which they can choose to accept or reject. The Department for Business Innovation & Skills recently published guidance for employers on the use…

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Are your care staff entitled to be paid whilst sleeping in?

Are your care staff entitled to be paid whilst sleeping in? ›

19th October 2015 | Categories: Human Resources , Legislation

Employers running care services, whether a residential home or a domiciliary care service, need to consider carefully whether any of their “sleep in” workers are entitled to be paid the national minimum wage. It is common for care sector employers to pay a fixed fee for carrying out sleep in night shifts, whether at the…

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Shared Parental Leave to be extended to working Grandparents

Shared Parental Leave to be extended to working Grandparents ›

12th October 2015 | Categories: Human Resources , Legislation

Under plans announced by George Osborne at the Conservative Party Conference last week, paid Shared Parental Leave (SPL) will be extended to working grandparents. If the plans are implemented, the SPL system, which was introduced earlier this year and allows parents to share leave and statutory parental pay during the child’s first year, will also…

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Travel time for care workers – An update!

Travel time for care workers – An update! ›

22nd September 2015 | Categories: Adult Social Care , Human Resources , Legislation

In the case of Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL, The European Court of Justice has ruled that, for those workers who spend time travelling from home to their first and last places of work should have this classed as working time. This decision would apply to “peripatetic”…

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Love in the workplace!

Love in the workplace! ›

16th September 2015 | Categories: Human Resources

I read a report in the national media about a claim for unfair dismissal being made against London Zoo arising from a breakdown in relations in a love triangle at work. This resulted in violence at a party between two female zoo keepers over their love interest in a male colleague. Caroline Westlake alleges unfair…

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Mental Health and the Equality Act 2010

Mental Health and the Equality Act 2010 ›

9th September 2015 | Categories: Human Resources

I recently read the blog from David Beckingham, QCS Contributor about disclosures by the police regarding compulsory detentions under the Mental Health Act 1983. See blog David’s blog post here. The article touched upon the implications for a former patient detained under the Mental Health Act relating to future employment, particularly if the police disclose…

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Be careful of making a dismissal in heat of the moment!

Be careful of making a dismissal in heat of the moment! ›

2nd September 2015 | Categories: Human Resources

A recent case, Townsend v Commercial Storage Limited, where an employee was held to have been unfairly dismissed during an argument, acts as a timely reminder to avoid being drawn in to arguments and to take care with what you say. Here the employee, a driver for a small family business, got into an argument…

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Skills Gap – an excuse to profit?

Skills Gap – an excuse to profit? ›

1st September 2015 | Categories: Adult Social Care , Human Resources , Learning Disability

Most care service managers will tell you that when it comes to nursing staff, there is a small pool of talent and a huge amount of competition. As a consequence of reductions in numbers of nurses being trained – among other factors – recruiting qualified nurses has become nigh on impossible. If your service is…

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CQC Outcomes are now called Key Lines of Enquiry. CQC Essential Standards are now CQC Fundamental Standards.