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HR / Employment Law News

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
changes to employment tribunal decisions

Law Commission proposes changes to Employment Tribunals

Following a period of consultation in 2019, the Law Commission has made a series of proposals to improve how employment disputes are decided. The proposals include significant changes to time limits and the powers of employment tribunals in relation to breach of contract claims. At present, the time limits vary depending on the type of claim being brought. Some of the most common heads of claim such as unfair dismissal, discrimination and unlawful deduction of wages claims, have a time

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21st May 2020

How do you stop banter going too far?

The escalation of homeworking has led to a rapid increase in digital communication between employees. Channels such as Whats App, Slack, Teams and Zoom offer valuable opportunities to maintain contact and morale at a time when people are isolated, but they also carry a risk that communications can easily “cross the line”, particularly when they have previously been used more for interaction in a social context. What one employee judges to be “harmless banter”: another employee may perceive as inappropriate

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19th May 2020
online meeting

Acas guidance on handling disciplinary and grievance procedures during the Coronavirus outbreak

The Acas code of practice on disciplinary and grievance procedures was introduced in 2009, replacing the ill-fated statutory 3-step procedures for dispute resolution in the workplace. The Code introduced a principles-based good practice approach to handling workplace disciplinary and grievance situations. In response to the Coronavirus situation, Acas has now published guidance on the application of the Code whilst the current disruption is ongoing. It provides that employers must consider whether it is fair or reasonable to carry out disciplinary

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12th May 2020
downing street

Employers should avoid knee-jerk reactions to the PM’s statement

Sunday’s statement by the Prime Minister had been built up by his colleagues (inadvertently as a result of them deferring responses to questions in TV interviews and the daily briefings) and the press to the point that there was an expectation that something more substantial would be forthcoming. However, that lack of substance in both this and the associated strategy document that was published the day after could end up doing more harm than good in terms of the response

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11th May 2020

How is holiday treated during furlough leave?

During periods of ‘furlough leave’ in the context of the Coronavirus pandemic, workers will continue to accrue their holiday. Workers can take holiday during the furlough period in the normal way, subject to the employer’s agreement, and this will not break the furlough period.  If an employee takes holiday during this time, they should be paid at their full normal rate of pay for such period. If an employee has booked annual leave, then it is possible that they will

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4th May 2020

Navigating holiday pay, what are employees entitled to?

Who is entitled to paid holiday? All employees and workers, workers being those who don’t have full employment status, but are engaged on the basis of providing personal service. How is the holiday leave entitlement calculated? The statutory right is to 5.6 weeks’ paid holiday each year, which equates to 28 days for those working five days a week (note that those working more than 5 days are still only entitled to 28 days).  There is no statutory right to

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30th April 2020

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