HD-HR Legal Services Ltd

16/01/2026

When is a volunteer not a volunteer?........

When they meet the definition of 'worker' within the Employment Rights Act 1996.

The Court of Appeal concluded that a volunteer (Mr Groom) was a 'worker' during the periods that he undertook activity for the Maritime and Coastguard Agency (MCA) in his role as Coastguard Rescue Officer (CRO).

Whilst he brought his claim to establish his right to be accompanied at a disciplinary hearing, this ruling potentially has wider implications for the voluntary and charity sectors, in cases where they offer payments over and above expenses to their volunteers. The definition of 'worker' brings with it additional rights, including payment of minimum wage and holiday.

Some of the facts of the case which were held to point to 'worker' status were as follows:

- compulsory training requirement for volunteers.

- minimum attendance obligations set out in a Code of Conduct.

- the MCA could issue reasonable instructions to a CRO, while on duty.

- the MCA could discipline a CRO who failed to comply with instructions

Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6

20/12/2025

The 6-month qualifying period for unfair dismissal rights will apply from 1st January 2027.

So, employees with 6 months’ service at that date will be protected.

What does this mean for employers?

- More pressure to ensure robust recruitment processes.

- requirement for active management from day one, and regular performance reviews, to ensure a decision on suitability is made within the 6-month period.

Putting aside the politics, the two-year qualifying period did allow significant breathing space for employers to be less than attentive to new employees’ performance within that first two years.

Think about improvements that could be made to strength your recruitment process.

Do you properly review CVs?
Do you include internet searches in your pre-employment checks?
Do you question gaps in employment or numerous short term employments?

All of the above help to get a better picture in the early stages of recruitment and support informed decision making.

Focussing on robust recruitment processes will prevent reliance on the perceived ‘safety net’ of the qualifying period - which will now pass by in the blink of an eye!

09/07/2025

01/07/2025

How do you work with me? 🤔

I often get chatting to people, and they say 'I didn't realise you did that'. For those who know me, you will know I love to chat! When you chat, you learn so much about people, their businesses, their interests and their areas of expertise.

I work differently with all of my clients, as all have different needs, different knowledge, and different levels of confidence in dealing with employee relations. I provide as much, or as little, as is needed. From being on the end of the phone for the odd chat, question or second opinion, to drafting letters, guiding managers through grievance / redundancy / disciplinary processes, providing support at meetings, to providing a full HR 'Department' for your business.

I offer management training (in person and online), covering a full range of subjects, from handling disciplinaries and grievances, to employment law updates and their impact on your business.

I offer hourly, half day or daily rates, or fixed fee services, such as for reviewing handbooks, policies and contracts.

Have a look at my website for more details: www.hd-hr.com

But if you're still not sure whether I can offer what you need, just get in touch and let's chat!

27/06/2025

When is a reasonable adjustment not a reasonable adjustment?….

When that reasonable adjustment had no real prospect of helping to avoid or reduce the disadvantage to the disabled employee.

During the COVID-19 pandemic, Mr Hindmarch, a non emergency ambulance driver, refused to return to work from long term sick leave unless his employer provided an FFP3 mask (rather than an FFP2 mask normally issued to non-emergency drivers).

He argued it would help enable him to return to work. He did not unequivocally state that he would return, if given the FFP3 mask.

His employer refused (national guidance at that time stated that FFP2 masks should be issued to non emergency drivers) and explained that an FFP3 mask wouldn’t provide complete protection and so was unlikely to allay his concerns(and thus allow him to return to work), given his acute anxiety about COVID-19.

He was dismissed on grounds of capability due to ill health and made claims for failure to make reasonable adjustments under the Equality Act 2010 and unfair dismissal. Both claims failed and the EAT recently dismissed his appeal.

If there is no real prospect of an adjustment helping to avoid / reduce disadvantage, then an employer is under no obligation to make that adjustment.

This link will take you to a page that’s not on LinkedIn

23/06/2025

When is ‘gross misconduct’ not gross misconduct?……

……When it is not made clear in policies that certain actions might result in dismissal, and no training has been provided to ensure staff are aware of unacceptable behaviour.

An Ofsted inspector (Mr Hewston) brushed water off the head of a child as the child came in from a rain storm, as well as touching the child’s shoulder. Mr Hewston was dismissed for gross misconduct.

The EAT - overturning the tribunal’s decision - found the dismissal to be unfair. They held that it would not have been obvious to Mr Hewston
that he could expect to be dismissed for touching a student in that manner. The employer did not have a ‘no touch’ policy and there had been no relevant training.

Whilst there are some actions (theft and physical assault come to mind) which one could argue are so obviously unacceptable as to clearly constitute gross misconduct, few are so clear cut.

Regularly reviewing policies (including non exhaustive lists of actions that may be considered gross misconduct), and training staff is so important, to ensure fair dismisssals in cases where there is serious misconduct.

20/06/2025

FRIDAY FACT ….

Employers’ obligations to redundant employees extend beyond the fair consultation and notice of redundancy! An ongoing obligation to consider alternative employment exists: More than telling them they can apply for vacancies on the intranet, for example.

To satisfy the duty to make ‘reasonable efforts’ to look for alternative employment for an employee at risk of redundancy, an employer will usually be required to take proactive steps to assist the employee - up until the final date of their employment.

20/06/2025

An applicant for a job has successfully appealed against a tribunal's decision that his ADHD and ASD diagnoses were not a 'disability' within the meaning of the Equality Act 2010.

This is an encouraging step forward for all those with more complicated challenges, through tribunal recognition that all of the following have the potential to fall within the definition of 'substantial adverse effects on the ability to carry out normal day to day activities':

- struggling to interact and communicate
- difficulty forming friendships
- anxiety in crowded places
- difficulty concentrating
- self exclusion from social situations
- struggling to remember things

It's so important that employers are mindful of applicants as well as employees when considering reasonable adjustments for those with disabilities.

The case will be referred to another Employment Tribunal to reconsider whether or not the claimant is disabled within the meaning of section 6 of the Equality Act.

13/06/2025

FRIDAY FACT:

Sadly, I’m sure many of us have heard discriminatory comments at work. The most memorable for me was sitting in a meeting (I was heavily pregnant), discussing applicants for a job. The hiring manager announced ‘I’m not going to interview this one, as she looks around the age she’ll go off and have children’!!

Employers can be held liable for such comments ….. and yes, that includes incidents that take place during work social events! Employers must show they’ve taken all reasonable steps to prevent discrimination from happening.

Get those policies and procedures in place, communicate them to your employees and provide regular training. This puts you in a stronger position to show you took all such reasonable steps 👏