• Posted on July 30th, 2025

• Posted on July 30th, 2025

A senior executive at a recruitment firm has been awarded nearly £190,000 after an employment tribunal found he was unfairly dismissed due to health issues stemming from a cardiac arrest.

The operations director experienced a heart attack in early 2020 that resulted in brain damage caused by oxygen deprivation. This affected his mobility, memory, speech, and cognitive functioning. Despite these challenges, he attempted to return to work later that year.

The employment tribunal found that he was not provided with appropriate support or accommodations following his return. Instead, he was left without clear guidance or role clarity and was later dismissed on the basis of his health, which the tribunal deemed discriminatory and unfair.

The panel determined that the employer made assumptions about his ability to continue working and viewed his condition as a burden. The judge said the company appeared unwilling to make the effort needed to support an employee with a disability and described its approach as neglectful.

Despite these recommendations, the tribunal heard that the director was left largely unsupported after returning from furlough in May 2021. He was eventually reassigned to a different site where he found his responsibilities unclear and support lacking. He reported feeling isolated and abandoned by the company. Although there were discussions about another occupational health referral and scheduled check-ins, these never materialised. According to the tribunal, the employee had minimal communication with his line manager and was not engaged in any formal review of his health or performance.

In September 2022, the employee was informed that his role was being eliminated as part of a team restructure. However, the tribunal found no credible evidence that this reorganisation was necessary. He was dismissed two days later, with the company citing ill health as the reason but providing no formal documentation. The tribunal also noted that he was not paid for his notice period.

The tribunal concluded that the dismissal stemmed from the company’s reluctance to manage the employee’s health needs and criticised the business for failing to keep records of meetings, follow basic procedures, or document performance concerns.

Should you have any concerns relating to HR processes, please contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

• Posted on July 28th, 2025

Working parents across the UK will face significant challenges this summer juggling jobs and childcare, with many left with little choice but to take time off without pay.

A survey of 1,176 UK parents found that a quarter of parents will have to take unpaid leave over the holiday to manage childcare responsibilities, with 75% of them taking more than five days off work.

For many families, unpaid leave is only part of the burden. Nearly 70% of parents rely on costly holiday clubs, with half spending more than £300 and a third spending more than £500 over the break. As a result, 40% of parents said they were struggling to afford basic essentials such as food and utilities.

This struggle is especially pronounced for mothers, with 81% using annual leave to cover childcare during school holidays, and 60% taking more than two weeks off. In contrast, only a third of fathers used similar arrangements. This unequal distribution of responsibility is taking a toll on parents’ careers and wellbeing. The study found that 49% of working parents felt judged by colleagues for taking time off to care for their children. 

Charities supporting working parents recommend a range of measures, including flexible hours, remote or hybrid work options and outcome-focused performance metrics to help parents manage their responsibilities without jeopardising their careers.

121 HR Solutions can support employers in writing policies to support working parents. Contact us at enquiries@121hrsolutions.co.uk.

• Posted on July 28th, 2025

From time to time 121 HR Solutions supports employers in managing grievances relating to an allegation of bullying but determine that in fact there was no bullying: just assertive line management. 

Bullying is described by ACAS as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient”. The key point is that one person’s perception of bullying may not be another’s. Subjectivity comes into play in this area, which often makes it difficult to determine.

Bullying is most often used in the employment law context as the foundation for a constructive dismissal claim where employees argue that the term of mutual trust and confidence implied into every employment relationship has been breached. This could entitle the employee to resign and bring a constructive dismissal claim.

Here are some tips for achieving assertive management that does not constitute bullying:

• Set clear objectives that are regularly reviewed. Addressing performance is part of any manager’s job and it can be made easier if employees are aware of what is expected of them.
• Do not get personal. Do not target an individual’s personal characteristics as this could lead employers into discrimination territory. Keep it neutral.
• Communication is everything. Two people can communicate the same message, and it can sound entirely different. Managers need to be trained to understand how to communicate effectively.
• Understand workloads and listen to the employee. An employee may have a perfectly acceptable reason for falling beneath required standards temporarily. Listen to the justifications and take them on board.
• Keep it private. The employee will be able to satisfy the ACAS definition of bullying in feeling humiliated by any sort of public dressing down.
• Praise. Praise is a motivator much overlooked. Introduce positivity where possible.

121 HR Solutions have experience in managing difficult situations and managers can gain confidence through our training events – contact us at enquiries@121hrsolutions.co.uk to discuss training options available.

• Posted on July 28th, 2025

Returning to work after a period of illness or injury is a significant step for employees, but what happens if they wish to return before the end of their fit note?  A fit note, formally known as a Statement of Fitness for Work, is a document usually issued by a GP, to provide evidence of an employee’s health condition and their ability to perform work-related duties.

One common misconception is that employees must wait until the end date specified on their fit note to return to work. However, there is no legal requirement for an employee to be signed as fit to work by their GP if they wish to return earlier.

The decision to return to work before the end of a fit note should be a collaborative process involving the employee and the employer. Equally it is crucial for employees to consult their GP and discuss their intention to return early, seeking professional advice regarding their readiness for work.

Employers have a duty of care towards their employees’ health and safety. When an employee expresses their desire to return to work before the fit note expiry, employers should carefully consider the employee’s health condition, any recommendations or restrictions mentioned in the fit note, and the nature of their job.

Throughout the process, it is essential as an employer to document all discussions, agreements, and modifications made regarding the employee’s early return to work. Ensure that regular reviews are in place to assess the employee’s progress, address any concerns, and ensure their well-being.

If you would like more information on how 121 HR Solutions can assist your business, contact us at enquiries@121hrsolutions.co.uk and we can discuss.

• Posted on July 28th, 2025

A business owner has been fined £40,000 by the Home Office after hiring someone who allegedly did not have the legal right to work in the UK. Immigration officers conducted a raid earlier and removed the employee from the premises.

It has been alleged that the person in question was using another person’s identity on his British passport. A photocopy of the passport had been provided to the employer, who also viewed the employee’s national insurance number, proof of student loan payments and housing benefit receipts from the local council, checking that they matched the name on the passport. 

The business owner claimed that it was a genuine mistake and was shocked to receive the fine. However, employers are responsible for carrying out right to work checks and in this case should have asked to see the original passport which may have identified the fraudulent employee.  Home Office guidance states that right to work checks can be completed through a manual check of original documents, a check using a digital verification service for British and Irish citizens or, in some cases, an online check via the Home office. When conducting a manual check, employers must be in possession of the original documents. 

Employers should ensure that they conduct and retain records of a right to work check for all employees before they start employment. Should you have any questions regarding right to work checks, contact us on 0800 9995 121.

• Posted on July 28th, 2025

DiSC is a personal development learning experience that measures an individual’s preferences and tendencies based on a simple yet powerful model which helps employees to determine their personality style.  121 HR Solutions have successfully provided mediation services, using DiSC to support team members experiencing difficulty in working together.

Where businesses face challenges that require behavioural change in their teams, psychometric profiling tools can help increase self-awareness and DiSC provides specialist profiles to help employees bring about behavioural change and have a better understanding of others’ behaviour.  

121 HR Solutions provides practical strategies to improve personal and team performance, management performance, leadership performance and manage internal conflict. This personalised learning experience can benefit team members in building more effective relationships at work.

Team members understand themselves and others while learning to appreciate different priorities, preferences, and values each individual brings to the workplace to appreciate how they can work together.

 DiSC can help individuals to:

• • Understand themselves and discover their DiSC management style.
  • Appreciate the impact their management style has on others.
  • Adapt their delegation approach to suit different styles within their team.
  • Understand the motivators and stressors of all DiSC styles.
  • Replace judgement with an appreciation for each style of DiSC.
  • Understand how they are seen by their manager.
  • Create tailored personal development plans in line with DiSC styles. 

Should you wish to discuss how DiSC can help to manage relationships between individuals contact 121 HR Solutions on 0800 9995 121.

• Posted on July 28th, 2025

An employee who had experienced ongoing back issues since 2017 and was signed off work became the subject of suspicion by his managers while on long-term sick leave.

The employer appointed a company to conduct surveillance, suspecting that the employee was exaggerating his condition in order to receive sick pay, which they believed might constitute gross misconduct.  Footage gathered by the external party evidenced that the employee had walked approximately three miles over a 90-minute period and that he had been able to bend down to examine the side of a car.  The employer accused the employee of dishonesty and dismissed him for misconduct.

The tribunal found that the employer had unfairly dismissed the employee.  It was found that the employee was deemed unfit by his GP and was not receiving sick pay during the surveillance period.  It was also established that the employee was disabled under the Equality Act.  The employee had previously requested a move to a less physically demanding role which existed, but the employer refused to make this adjustment. 

In a situation such as this the employer should have determined what reasonable adjustments would be appropriate – and should certainly have considered a role which was less physically demanding if it existed. 

The judge stated that the employer had not met the “burden of satisfying us that the decision to dismiss him was not because of his back condition”. As a result, the claim of direct discrimination in relation to his dismissal was upheld.  Also, claims for failure to make reasonable adjustments, disability discrimination and unfair dismissal were all successful. 

This case highlights the importance of following a rigorous process of absence management, including welfare meetings, engaging occupational health and considering reasonable adjustments. Should you wish to discuss issues relating to long term absence, please contact one of our CIPD-qualified consultants on 0800 9995 121.

• Posted on July 28th, 2025

The UK government has officially confirmed major changes to umbrella company regulation in the latest draft Finance Bill.

From 6 April 2026, recruitment agencies and in some cases end clients will be held jointly liable for PAYE and National Insurance compliance when engaging umbrella companies.

This new legislation is a game-changer for the supply chain and if your business works with contractors via umbrellas, it’s time to prepare. 

What’s Changing?

Under the upcoming rules:

• Agencies will share tax liability with umbrella companies if PAYE or National Insurance goes unpaid.
• If multiple agencies are involved in the supply chain, the top agency will be held responsible.
• If no agency is involved (e.g. a direct-to-client arrangement), the end client becomes liable.
• HMRC will have the power to pursue any party in the chain not just the umbrella company itself.

This legislation is designed to clamp down on tax avoidance schemes and non-compliant umbrella providers, aiming to clean up the market and create a level playing field for legitimate businesses.

Why This Matters

Non-compliance isn’t always obvious. Many businesses rely on umbrella companies to manage payroll for contractors often without fully understanding the risks. But under the new rules, even an unintentional connection to a non-compliant umbrella could expose your business to:

• Financial penalties
• Unpaid tax liabilities
• Reputational damage

The message from HMRC is clear: responsibility no longer stops with the umbrella company.

What Should You Do Now? 

April 2026 may feel far off, but the time to act is now. Here’s how to get ahead:

1. Review Your Umbrella Partners

• Request compliance documentation.
• Confirm PAYE and NI processes are fully transparent and legal.

2. Strengthen Your Due Diligence

• Develop a robust vetting process for any new umbrella providers.
• Document your checks for audit purposes.

3. Audit the Entire Supply Chain

• Understand who’s involved at every stage.
• Identify where potential liabilities could sit.

4. Train Your Internal Teams

• Ensure procurement, HR, and legal teams are up to speed on the upcoming changes.

This regulatory shift represents a fundamental change in how the umbrella market is policed and it places new responsibilities squarely on agencies and end clients.

• The risk of doing nothing? Costly.
• The benefit of preparing now? Compliance, confidence, and control.

Need help navigating the changes? Contact 121 HR Solutions for tailored support.

• Posted on July 28th, 2025