These changes include fees for lodging a tribunal claim of £250 and a further £1000 for a claim being taken to a full tribunal hearing. Fees have never before been charged to any applicant bringing a case against their employer.

Other dramatic changes include increasing the qualifying employment period to bring a claim of unfair dismissal from one year to two.

The reasons behind the changes have been published as being assisting young people to get into the workforce and to remove the cumbersome process for employers to get rid of non productive staff. However, the governments plans seem I’ll thought out to say then least. Whilst it is revealed that those bringing claims to tribunal who have been employed between 12months and 24 months account for only 12% of tribunal claims so clearly the amount of applications being saved no where near outway the disruption to the workforce and invites total instability ton the workforce.

But the danger doesn’t stop there! Due the government increasing the situations in which discrimination claims can be brought to tribunal, which doesn’t need any qualifying period, this is not only give false sense of security to employers who are being given the false message that to dismiss an employee with under two years continuity of employment is now fine but this policy also increases the number of discrimination cases before chairman of tribunals that carries heavier fines and risk of compensation.

Whilst only time will tell how these changes will effect the job Market, stability in the workplace and the number of claims before the tribunals it certainly looks set to be a confusing time for employers but the message is to always take advice before dismissing anyone.

Direct Law & Personnel have been appointed employment law experts for Deliciously Yorkshire and have agreed to take calls and give free advice on any employment law subject to Deliciously Yorkshire. They can be reached on 08448156151 and you should quote ‘delicious’.

1. Top tip and where most employers fail is having a witness present for all formal hearings no matter how private the issue may appear.

2. Keep contracts of employment up to date, minimum of every 2 years.

3. Always have a detailed company car policy that deals with holidays, ownership, cleanliness, excess mileage, insurance excess.

4. Protect yourself if incoming employees have restrictive covenants from ex employees.

5. Seek advice if you have pregnant employee. Even if you had same situation a few years previously then then the laws change, get advice instead of looking up regulations yourself as you need to act quickly with risk assessments and your company maternity plan.

6. Deal with all problems professionally. People problems don’t just go away they need to be dealt with.

7. Meetings need a written paper trail.

8. Never shout at employees. Ever.

9. Check out legalities of any self employed workers. The laws have changed and so has the way the revenue and employment law judge such relationships.

10. Business comes first. Be honest with employees about their work and the standards you require from them. If someone needs to be dismissed don’t dress it up as redundancy, you just create further issues and a scared workforce.

Brought in 1st October 2011 by the Agency Workers Regulations Means basically that all temporary workers get the same rights of permanent workers after 12 weeks employment. This is really just a future step as part time workers were awarded equal rights on a pro rota basis a few years ago.

Whilst the government said that the need for the regulations were parity and equality they have generally been met with unwelcome arms, een from those who should be benefiting from them.

Morrisons rather publicly stated they had found a loop hole in the regulations called the Derogation Model. This model, from Sweden, means that the agency can employ the staff and basically subcontract out to the stores. This raised concerns from the unions that Morrisons were not acting in the spirit of the law. There was also a second loop hole that was reported which involved starting all new staff on a lower wage then progressing them in three or four months. That way temp workers were being treated the same as everyone else.

Whilst I am not sure why the government sought to introduce this regulations it’s clear that they haven’t been successful. The most major effect is that two thirds of employers now won’t employ workers according to the solicitor magazine.

The added expense of holidays, rest periods, pay, benefits or night pay is definitely enough to put employers off taking on temp workers.

Fact is that many temp workers chose to undertake temp work as it suited their lifestyle or schedules and they seemed quite happy with being paid an hourly wage that reflected their temp position. Now is unlikely that those workers will obtain work or the jobs will be there in the first place.

Whilst there has been quick condemnation of Morrisons and other supermarkets actions what they are trying to do could possibly save some roles for temp staff.

Although it was only a short time ago DLP clients have reacted by trying not to employ temporary workers wherever possible. If the position is temp to permanent there is no benefit in treating employees as temps save for recruitment fees. You can also get a larger selection pool looking for permanent staff than temps. Maybe this dovetails with the new legislation to dismiss employees under two years ie disposable and sack at will??

The removal of the retirement age has also been a costly experience for employers. The government enforced that from 1st October 2011 it will be unlawful to follow any sort of retirement policy or procedure. This means that there is no date or age for dismissal and the decision to retire or resign stays entirely with each employee regardless of what the employer wants.

This has raised many practical issues for dlp clients in terms of workplace design (and cost), health issues, increased sickness, insecurity of not knowing when the employee may wish to leave, succession planning, performance management issues. Typically older employees do not know or do not accept what their physical limitations are which raises insurance issues. One DLP client in yorkshire has a 68 year old female driver who they don’t have any control over and can’t plan to replace. The penalties for failure to comply or not being knowledgeable on this law is costly as not only are you facing unfair dismissal claims but also age discrimination. This makes for scared employers who can’t always afford to ‘do the right thing’

The largest effect though will be on the new employees to the workforce. The fear is that new ideas and young blood will not be coming into businesses with hungry ambition and unemployment figures have been hampered at what was already a critical time.

Top five legal tips for managing training 1. Ensure you know what it is you want to achieve from any training, set goals and desired skills.
2. Remember not every personality can do every role. Training advisors can help you assess round pegs in square holes!
3. Be clear and up front with any staff younger hoping to cross skill.
4. Consider all your staff and all the skills you need. Some good solutions may not be immediately obvious.
5. Choose a training company or mentor from their live testimonials only. Websites, written testimonials, twitter followers or social media is no true indication.

Heading up Direct Law and Personnel’s newest legal department, Duncan will bring a wealth of knowledge from both the public and private sector along with trade unions. Impressively, he has appeared in all 21 tribunal centres across the country and has worked with clients all over the UK, representing on behalf of both the care and medical sector as well as acting as the official representative for all Oxford Colleges cases.

Speaking on his appointment, Duncan said: “I am extremely excited to be joining the team at Direct Law and Personnel and helping their advocacy department to grow. I wanted to be a part of an exciting, growing business and contribute my expertise to the growth.

“I was very impressed with Direct Law and Personnel’s hands-on approach, in particular the effort they make to visit each client and that effectively guide and ‘hand hold’ through HR issues. This is the seamless service that I aspired to be a part of.”

An Economics graduate from University of Salford who holds an MBa in Business from University of Bolton, Duncan then went on to attain a Post Graduate Diploma in Law, in Manchester before completing his Legal Practice Course.

Having previously worked as a Legal Officer for the GMB Trade Union at Manchester City Council from 1984 before moving on to work as Legal Officer for the GMB Trade Union in 1993, Duncan has subsequently worked for as an Employment Lawyer for Manchester based FAS Solicitors. Duncan is now ready to head up the advocacy team which will see him defend and protect all Direct Law and Personnel clients.

Currently celebrating their tenth year of business, Direct Law and Personnel have recently expanded their services into Leeds, however, Duncan will remain Manchester-based and handle all the claims on behalf of the in-house insurance department on behalf of Direct Law & Personnel’s national client base.

Recent arguments presented by ACAS and the government profess social media is a sounding board of free speech that cannot be policed and certainly should not be a catalyst for disciplinary action. This is regardless of statistics showing that two million workers spend an hour of each working day social networking, with companies’ productivity suffering as a result.

Judith Fiddler, CEO of Direct Law and Personnel, a national firm specialising in law in the workplace, said; “The fact that Facebook, Twitter and Linked-In platforms are a public and easily accessible way to share thoughts can often mean that competitors, other employees and potential business leads could read information which presents employers in a bad light.”

Whilst this should make the situation very different and as a result, allow employers to confront their staff on such issues, the argument presented by ACAS takes the stance that should an employee have the same conversation over drinks, it would be classed as entirely private. So, should an employee write defamatory claims on the internet, update their status about shopping with friends after calling in sick or, in the case of the NHS, discuss patient details openly and obviously, it’s best for employers not to be looking.

Judith pointed out that It’s not all doom and gloom for employers; “Whilst ACAS acknowledge that employees have a duty to set their own privacy settings responsibly, this doesn’t take into account the fact that most of your workforce will be their Facebook family and any offensive comments against the boss, or management must surely be insubordination, which is grounds for dismissal.”

Dr. Meryem Duygun Fethi, member of The Efficiency and Productivity Research Unit (EPRU) at the University of Leicester, said: “Interesting, although over a third of respondents said they had criticized their workplace on social media, over half also said their employees should face disciplinary action for doing so.”

Employers are also being warned against researching potential candidates on Facebook or LinkedIn whilst at interview stage, as this can only lead to discrimination claims from potential interviewees. So much so, those individuals are increasingly making a ‘career’ out of taking businesses to court.

“Whilst 81% of respondents said potential employers should not be allowed to look at your social media profile before and interview, over a third of those asked, believe that employers can get an accurate picture of an employee from their social media profile. Thus reiterating a certain level of hypocrisy or confused attitudes towards social media in the workplace.”

These emerging social media channels are radically changing the UK workplace and it is now more than ever that recruiters and employees need a vital insight into how they can adapt to these changes, whilst ensuring that they have the correct HR procedures in place to deal with any malpractice.

Judith Fiddler said; “Employers must be over-cautious when recruiting as any online research could be deemed as discriminatory. Whilst few of these cases have already been decided at tribunal it seems the way tribunal judges viewed them won’t actively encourage a flood of claims or new outlet for serial claimants.”

She added; “Employees who have no intention of taking the role being interviewed for often seek claims for discrimination after being rejected at in the early stages on grounds of race, age, sex or religion, with employer after employer with the end goal being earning a living out of settlements.”

Despite the unquestionably problematic views on social media at the moment, the government stance could be set for reform as we see social media being drawn upon in criminal and civil trials both in the UK and US, and in turn, the same approach should be adopted during employment tribunals.

Judith said; “It just goes to prove that when one law closes another one opens and employers have the additional task of staying up to date to find out which side of the bed the government woke up on today.”

Whilst it looks like the future of social media claims is unpredictable, the government and ACAS are doing everything possible to reduce panic and, more importantly for them both, the number of cases in tribunal.

Direct Law and Personnel’s Top Five Tips Top Deal With Employees On Facebook

Don’t make yourself look silly. Check whether the employee actually has work to do or that Facebook hasn’t been authorised by someone else.
Don’t ignore. You or a manager need to speak to the employee on an informal basis to start.
Keep notes of any usage, conversations or informal chats. You must take into account length of service, amount and type of abuse, time of day and pressure of work, policy and culture of the organisation when discussing employees conduct.
Check contracts of employment and office manuals. If you use social media or find you have issues, you need a social media policy in addition to these documents.
Consider blocking Facebook for all employees. This may need to be done on notice, without discrimination i.e. a blanket ban will depend on current custom and practice.

Yorkshire Ambulance Service urged the public to only dial 999 for serious or life-threatening injuries, while police forces cancelled leave and trained non-union members to handle emergency calls.

Hundreds of civilian police staff and ambulance workers are expected to join two million other public sector workers in the largest union walkout since the 1979 Winter of Discontent.

More than 1,000 schools and dozens of day care centres and libraries will be closed or partially closed in Yorkshire, with disruption also anticipated at hospitals, courts, Government offices, Jobcentres, universities, driving test centres, museums, ports and airports.

Yorkshire Ambulance Service will operate at a reduced level between 6am and 6pm.

Executive director of operations Sarah Fatchett said: “We will make every effort to get to patients as quickly and safely as possible and we will also be carrying out additional clinical triage over the telephone using doctors and senior clinicians in our emergency operations centres to ensure that we prioritise those patients who need our help the most.

“We are asking people to only call 999 for an ambulance in an emergency when it is obvious that someone has a life-threatening or serious illness or injury.”

Patient transport services will also be scaled back, running only for patients with kidney, cancer and palliative care appointments. Unions are anticipating a high percentage of civilian police staff in the region to strike, with contingency plans being put in place.

In West Yorkshire, communications and 999 recorders were the only staff exempted from the strike, while replacement staff were being trained to handle emergency calls in the South Yorkshire and Humberside forces.

But no exemptions were made in North Yorkshire, with some emergency communications staff expected to join police community support officers, forensics, crime scene investigators and clerical staff in the walkout.

A small number of non-members will run operations.

Fire brigades will not be participating in the walkout.

Alan Hughes, Unison regional manager, said: “Why is the Chancellor George Osborne asking pension schemes to invest tens of billions of pounds to stimulate the UK economy and at the same time driving pension members from the schemes because they can’t afford to pay more?

“Public sector pension schemes are decent and affordable. Should not the Government be concentrating on ensuring a decent pension for everyone rather than jeopardise schemes which are the fourth biggest investors in the UK economy?”

But opponents of the strike said the economy could not afford to shut down, with industrial action at schools and day care centres forcing many parents to take the day off.

Judith Fiddler, chief executive of pensions specialist Direct Law & Personnel, said: “The strike action will have a devastating effect on working parents.

“The knock-on effect of having to take sick days or unpaid leave can be devastating for families this close to Christmas.

“It is estimated that the total loss of this one day will be in the region of £500m.”

Unison, Britain’s largest public sector trade union, saw a 78 per cent vote in favour of strike action after the Government announced a 3.2 percentage point increase in pension contributions.

Schools, airports, the NHS, Councils, the Government and Courts across the UK will all suffer as a direct result of the strike, with working parents being amongst the hardest hit. Judith Fiddler founder and CEO of Direct Law & Personnel, a company who specialises in pensions, HR & employment law, says; “The strike action will have a devastating effect on working parents.

“The effects of losing a day’s childcare to most people will result in either having to find alternative care – bearing in mind, this will have to be with a registered childminder, most of which are booked up many months in advance or having to take the day out of work. Generally this far into the year, most people have used all their annual holidays.

“The knock-on effect of having to take sick days or unpaid leave can be devastating for families this close to Christmas. It is estimated that the total loss of this one day will be in the region of £500 million.”

The row was triggered after the Government proposed a 3.2 per cent point increase in pension contributions. The Hutton Report suggested that public sector workers will have to pay more and work longer to be entitled to the same sort of pension. However, this change in policy will only affect individuals will an annual income higher than £15,000.

Of the 1.1 million members of Unison – Britain’s biggest public sector trade union – only one third of members took part in the ballot, with just 78% voting in favour, meaning that we have imminent action triggered by less than a quarter of the union workforce.

Two million public sector workers will take part in the strike, resulting is the closure of 99% of schools in Scotland and 86.8 per cent of school closures and 11.5 per cent of partial closures in England.

Danny Alexander, Chief Secretary to the Treasury suggested taking his daughter into work because of the school closure and it seems that Mayor of London, Boris Johnson agrees: “As far as I’m concerned anyone should be able to bring the kids into work on Wednesday.”

What Boris doesn’t realise is that section 3 of the Health and Safety at Work Act 1974, states that any non-employees should not be exposed to risks of health and safety.

In what is being described as the biggest strike of our generation, the whole of the UK will suffer under the weight of losing our basic ‘services’. Brendan Barber, Head of the Trades Union Congress said: “The Government has managed to alienate its entire workforce.”

Travellers at London Heathrow Airport can expect 12 hour delays, whilst 57,000 NHS patients will be overlooked, as anyone booked in for a ‘non-urgent’ operation, outpatient or follow-up appointments can expect to have their booking cancelled or rescheduled.

Libraries, leisure centres, refuse collection and street cleaning will also be affected as local council workers strike.

Two million public sector workers took part in the strike, resulting in the closure of 99% of schools in Scotland and 86.8% of school closures and 11.5% of partial closures in England.

UK public sector workers took industrial action over pensions in what has been deemed the biggest walkout for a generation.

Marc Meryon, head of industrial relations at international law firm Eversheds, said: “The public sector unions have championed the “right to strike”; but what of the rights of millions of others who have no final salary pension and whose private and professional lives will be disrupted?

“Increasingly the law is recognising the need to balance these competing rights. The courts are beginning to question whether the right to strike should be allowed to trample over the rights of individuals and businesses to carry on their day to day lives without disruption from strikes.

“So we anticipate that if further strikes are called there may be a backlash, not just from the government modifying the UK’s strike laws, but also from a society which places increasing emphasis on respect for the right of individuals to work and live without disruption from others.”

Judith Fiddler founder and CEO of Direct Law & Personnel, a company who specialises in pensions, HR & employment law, said: “The effects of losing a day’s childcare to most people will result in either having to find alternative care – bearing in mind, this will have to be with a registered childminder, most of which are booked up many months in advance or having to take the day out of work. Generally this far into the year, most people have used all their annual holidays.

“The knock-on effect of having to take sick days or unpaid leave can be devastating for families this close to Christmas. It is estimated that the total loss of this one day will be in the region of £500 million.”

The row was triggered after the Government proposed a 3.2% point increase in pension contributions. The Hutton Report suggested that public sector workers will have to pay more and work longer to be entitled to the same sort of pension. This change in policy will affect individuals will an annual income higher than £15,000.

Of the 1.1 million members of Unison – Britain’s biggest public sector trade union – only one third of members took part in the ballot, with 78% voting in favour.

John Longworth, director General of the British Chambers of Commerce (BCC) said: “The Office for Budget Responsibility’s economic forecast and continued global uncertainty prove once again that strike action is irresponsible and reckless. Trade unions are living in a bubble and ignoring the fact that Britain has to make its way in a competitive world.

“It’s true that low growth and austerity measures are affecting peoples’ lives across Britain, public- and private-sector alike. But these measures are essential to maintaining our fiscal credibility and helping to stabilise the economy. Few people are likely to see significant real earnings growth over the next couple of years, and every sector of the economy will have to shoulder some of the pain.

“Businesses are doing everything they can, working flat out to make sales, attract orders, retain valued staff and deliver growth. For some workers to walk out over acceptable changes to a generous pension scheme while others are busting a gut to get the economy moving is a big mistake.

“Some commentators see strike action as a victimless crime. Tell that to the major companies forced to shut down, the parents who can’t get childcare and miss out on a day’s pay, those people that can’t get to work, and the small companies that lose out on a day’s takings.

“The world is also watching.”

John Philpott, chief economic advisor at the CIPD, added: The estimated cut of 710,000 excludes the effect of austerity measures introduced in 2010-11, particularly the freeze in public sector recruitment announced immediately after the 2010 general election.

“According to the OBR, the level of general government employment fell by almost 140,000 in that period. Assuming the Office for Budget Responsibility projection proves correct, the total cull of public sector jobs by 2017 will thus be 850,000, almost 15% of the public sector workforce at the start of 2010.

“The loss of 850,000 public sector jobs in less than a decade is not unprecedented in UK economic history. A similar cull occurred in the 1990s and was easily absorbed without any associated rise in unemployment. At that time, however, the labour market was being boosted by a strongly rising economic tide. There is less prospect of a similarly benign outcome in today’s far more straightened times.”

Already, DLP have already been engaged to work for Deliciously Yorkshire and Leeds Citizens Advice. Judith Fiddler founder and CEO of DLP says; “This is an exciting time for us, we have already established a reputation nationally from our Manchester office and have grown organically, with some big Yorkshire companies on our books it was the right time to open an office in Leeds.”

Judith is an employment lawyer who set up DLP ten years ago, after becoming increasingly frustrated with other Service and HR companies. Her team is already expanding in Yorkshire having taken on HR and training expert Juliet Cox to head up the Leeds team.

DLP offers outsourced HR support to companies that do not have the resources to operate an in-house HR department, and to those who want the extra security of a bigger team. In addition, DLP offer an insurance service on each employee, and assist with all elements of HR; from maternity leave to tribunals.

Judith adds; “We can also help with specific HR situations; it can be expensive employing in house experts that you may only call upon occasionally, with DLP you can tap into our resources as and when you need them.”

With the minefield of ever-changing regulations in employment law, DLP offer the reassurance that all HR-related issues are covered and employers are following the correct procedures within the working environment.