HR / Employment Law News

Last in, first out?

Employers have certain obligations when considering redundancy, whether it relates to a standalone position or larger numbers. Whilst redundancy is a potentially fair reason for dismissal, it can be found unfair if the employer doesn’t follow the correct procedure in the following areas: Fair selection – An employer must adopt a fair means of selecting which employee(s) will be put ‘at risk’. Individual consultation – 1-2-1 consultation should be carried out with each affected employee regarding the reasons for redundancy

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24th November 2020

When it comes to redundancies, it’s good to talk

With the continuing challenges of COVID19, many employers may find themselves planning redundancies for the first time… Any redundancy dismissal in the workplace can give rise to a successful unfair dismissal claim if not managed correctly. If 20+ redundancies at one establishment are contemplated within a 90-day period, the employer has extra obligations to carry out collective consultation before taking any action. This needs to take place with a recognised trade union or with employee representatives elected by the affected

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19th November 2020

furlough fraud

Furlough Fraud: It pays to be prepared…

As we’re all aware the Coronavirus Job Retention Scheme has been extended yet again to now run until March 2021. Another hasty government decision that was put into effect just a day before the proposed JSS Scheme was set to start. Over recent months, MPs have expressed their apprehensions over the speed at which the furlough scheme was drawn up, leaving the economy victim to a concerning number of fraudulent claims. HM Revenues & Custom have now estimated that “up

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16th November 2020

Many of us are drinking more at home, but how is it affecting your workplace?

The number of people drinking at high-risk levels has almost doubled since before lockdown. According to the Royal College of Psychiatrists (RCP) “An estimated 8.4 million people drinking high-risk amounts of alcohol in June, compared to 4.8 million people four months earlier”. So now is as good a time as any to consider your approach to alcohol misuse in the workplace. Although alcohol dependency in itself is not considered to be a disability under the Equality Act 2010, physical and

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29th October 2020

cyber snooping

Working from home and cyber snooping

The COVID-19 pandemic has meant more of us than ever have been working from home. However, this is a new territory for many, and some employers have been left wondering how productive their staff are whilst working remotely. It may be that some employees are working efficiently and to full capacity, whilst others are not motivated enough or too distracted to do so. In this regard, some employers have taken to using surveillance apps and programs to monitor productivity. Indeed,

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22nd October 2020

Domestic abuse and how employers can help

The workplace is often the only safe place for victims of domestic abuse. Employers are legally bound to take reasonable care of the health, safety and wellbeing of its employees, both in respect of their physical and mental health, and are therefore required to take all steps which are reasonably possible in this regard in the context of the knowledge they either have or ought to have. Ensuring a safe work environment and protecting staff from domestic abuse is part

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22nd October 2020

self isolation

New Coronavirus Regulations – What employers need to know

As of 12.00am on 28th September 2020 the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force. They set out mandatory periods for self-isolation, and a duty to notify the Secretary of State of the names of people in the same household as anyone who has tested positive for Covid-19. So, what do you need to know as an employer? Under the new regulations (regulation 7 to be precise), it is an offence for an employer to knowingly

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29th September 2020

job support scheme

The Job Support Scheme

With the much publicised ‘Furlough’ scheme drawing to an end on 31st October 2020, and the seemingly inevitable second spike of Coronavirus, there has been the understandable concern about what this will mean for employment within the UK, and this has been accompanied by the expected demand that the Coronavirus Job Retention Scheme (CJRS) should be extended. On 24th September 2020, as expected, Rishi Sunak confirmed that the furlough scheme would not be extended, but instead replaced with the ‘Job

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28th September 2020

working from home

Now work from home if possible…

Another u-turn, as the media like to tell us? Or is the Government reacting like you, as business owners and leaders. The PM’s statement in Parliament, Tuesday 22nd September, on raising the UK’s Coronavirus Alert Level to 4 had not yet ended and employers were asking the question – “does that mean all office staff are working from home again?” It is a political and media frenzy, with everybody pushing their views about the Government and their Advisers; who in

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24th September 2020

Employee Self-Isolation – Guidance for Employers

The most important symptoms of coronavirus (COVID-19) are recent onset of any of the following: a new continuous cough a high temperature a loss of, or change in, your normal sense of taste or smell (anosmia) For most people, COVID-19 will be a mild illness. However, if an individual has any of the above symptoms, as an employer you must advise them to stay at home and arrange to have a test to see if they have COVID-19. The website

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10th August 2020

redundancy and notice pay for furloughed employees

Calculation of redundancy and notice pay for employees who have been furloughed

Friday saw the coming into effect of further employment regulations dealing with the Coronavirus Job Retention Scheme. Their purpose is to ensure that various statutory entitlements based upon the calculation of “a week’s pay” and connected with the termination of employment are not reduced as a result of an employee being furloughed, including: notice pay redundancy pay time off to look for employment or arrange training Put simply, in calculating a week’s pay for these purposes the employer must use

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3rd August 2020

quarantine passport

Annual leave, COVID-19 and quarantine – What employers need to know

With flights to popular tourist destinations being reinstated and the chance of a summer get away becoming a possibility, there are implications for the employment relationship which must be acknowledged when you factor in the 14-day period of post-travel self-isolation required when re-entering England. Unless one of the exemptions applies, including the newly created “travel corridors”, employers must be prepared for staff being unable to return to the workplace for the duration of the quarantine period following their time abroad.

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27th July 2020

Instant Messaging

Instant Messaging has proved to be an invaluable means of communicating with staff who are working from home, with applications such as Microsoft Teams, Slack and Whatsapp being increasingly used on a day to day basis. However, whilst such channels can improve efficiency, the absence of visual and verbal feedback can give rise to feelings of stress and anxiety amongst staff who have not been used to communicating in this way. The delivery of negative messages via group channels can

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23rd June 2020

Third-party Harassment

Despite the fact that employers are not vicariously liable for third-party harassment against their employees, they have an established duty of care to do what is reasonable to protect them from such treatment in the course of their employment. A failure to act upon an employee’s complaint that they have been harassed by a third-party, whether it be a customer, supplier or consultant, will leave the employer exposed to a claim of constructive dismissal if the employee resigns as a consequence,

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18th June 2020

Discrimination at Work

Despite increased awareness of its impact, discrimination in the workplace remains commonplace, and poses a significant challenge to employers. The potential consequences include costly legal action (with unlimited compensatory awards in the Employment Tribunal), as well as damaging publicity. Discrimination need not be intentional in order to be unlawful, and the COVID-19 landscape presents new challenges for employers in ensuring that the measures they take do not disproportionately impact protected groups. An example of direct discrimination – Unfavourable treatment “on

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22nd May 2020

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