HR / Employment Law News

Déjà vu: What the latest instruction to work from home means for employers

On 8 December 2021, Boris Johnson announced that the guidance for office workers in England to work from home if they can was to be introduced from the following week. When is it effective? This instruction will be effective from 13 December 2021 and will run until at least mid-January 2022, with a review taking place early in the New Year. Why is it being introduced? The measure is part of England’s move to what the Government has christened ‘Plan

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9th December 2021

At what point is a person with cancer deemed to be disabled under the Equality Act 2010?

The Equality Act 2010 makes it unlawful to discriminate against someone on the grounds of a protected characteristic, one of which, is disability. Under the Act, a disability is a physical or mental impairment which has a substantial and long-term impact on the individual’s ability to carry out normal day-to-day activities. There are a handful of conditions, one of which is cancer, that are a disability regardless of that test. According to the statutory guidance (ref page 10), a person

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23rd November 2021

Calculating Deductions for National Minimum Wage

On the surface, the concept of a National Minimum Wage (NMW) may appear a simple one. For every hour worked an employee or worker aged 23 and over must receive a minimum of £8.91 (as from April 2021) with lower rates applicable to those aged between 16 and 22. However, the waters are somewhat muddied when an employer makes deductions from wages of payments which will need to then be accounted for as they ultimately reduce the amount of total

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16th November 2021

New Acas advice on “firing and rehiring”

Acas has just published advice aimed at dissuading employers from ”firing and rehiring” employees, with their Chief Executive, Susan Clews, stating: “Our new advice is clear that fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations. Employers should thoroughly explore all other options first and make every effort to reach agreement with staff on any contract changes. Organisations that consult with their workforce in a genuine and meaningful way

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15th November 2021

One size doesn’t fit all

With restrictions easing and the rise in the number of people being double vaccinated, discussions around returning to the workplace have been high on the agenda for many business owners over the past few months. However, these discussions are not straightforward and can involve some quite divisive opinions. The thought of returning to the workplace and mingling with large crowds is making some people feel anxious and uncomfortable. However, on the opposite side there are many who feel it is

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4th November 2021

Will a refusal to hold an appeal always render a dismissal unfair?

For those of you in HR, the answer may surprise you…because it’s “No”! In certain circumstances, a dismissal can still be fair even where the employer refuses to hear an appeal. Now, don’t get too excited! In the vast majority of circumstances, the right of appeal should still be offered and the appeal process followed. However, it’s not always essential to the fairness of a dismissal as confirmed in the recent EAT case: Moore v Phoenix Product Development Limited. The

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23rd September 2021

Did sending a pregnant woman home during lockdown amount to discrimination?

That is the question the Tribunal had to answer in the recent case of Prosser v Community Gateway Association Ltd and they found, on the facts of this case, that it did not. Ms Prosser was employed by the Association on a zero hours contract, working an average of 4 shifts per month prior to the coronavirus pandemic. Having informed her Line Manager on 13 March 2020 that she was pregnant, she was forwarded a link to the government advice

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9th August 2021

holiday pay

We’re all going on a summer holiday……..or are we?

The sun is shining, school is out and the pubs are open, all great news for the popularity of the UK ‘staycation’, but many people are still thinking of booking/re-booking a long overdue foreign holiday. As an employer already dealing with the impact of increasing rates of infection and self-isolation, you may be confused about exactly what rules apply to foreign travel, and worried about the impact of constantly changing quarantine rules on your operation. In this article we provide

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22nd July 2021

Feeling Hot Hot Hot: Tips on working in high temperatures

The UK is currently experiencing a heatwave, summer is here at last, and once again we are being asked about what employers must do for their employees working in high temperatures. The Workplace (Health, Safety and Welfare) Regulations 1992, make no reference to a maximum temperature, it is down to a risk assessment. However, there are some key issues that employers need to be mindful of in order to maintain employee safety and wellbeing, whether your staff are based indoors

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20th July 2021

Preparing for a return to the workplace – Health & Safety Measures

Since the pandemic hit the UK, people’s homes have become for many their main place of work. But just as we’ve settled in and got used to our video calls freezing, Amazon packages turning up midway through a meeting and pets running riot, the rules are changing… From 19 July, the UK Government is no longer instructing people to work from home if they can. But is this likely to pile on the pressure for employers when it comes to

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19th July 2021

Changes to Right to Work Checks and the closure of the Settlement Scheme

With a number of changes related to ‘Right to Work’ processes looming, we take a look at what’s changing and what’s required of you as an employer in order to remain legally compliant. Due to Brexit transition periods and the pandemic, these changes have been phased in over a longer period than originally intended. As of 1 July 2021, though, they come into force in full. Firstly, employers need to ensure that a right to work check is conducted for

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1st July 2021

No jab, No job: COVID-19 jabs to become mandatory for care home staff in England

COVID-19 vaccinations are to become mandatory for some care home staff under plans to be announced by the Government, and it is considering extending the move to all NHS staff. Workers who provide direct personal care, including any working/visiting adults (e.g. volunteers, hairdressers, tradespeople, beauticians) will have 16 weeks to get both jabs from the time regulations are approved by Parliament. Failure to have the jab means they face being redeployed away from front-line care or potentially losing their job

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29th June 2021

Remote Working: How Secure Is Your Data?

As businesses start to return to ‘a new normal’, there are some difficult conversations to be had between employers and their staff. With a growing desire for flexible working across all industries, businesses have some critical decisions to make on the technology they are using and how they decide to operate long-term. There are three key choices that all companies are facing right now; bring everyone back to the office when safe to do so; operate via a hybrid work

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23rd June 2021

Hybrid: The work model everyone’s talking about…

Hybrid working has been around for some time, but it has become a buzzword since the pandemic. According to a recent YouGov survey, most people would prefer to have a balance with the option to work some of their week remotely and some of it from their workplace – this is the simplest example of a hybrid model. The reality is: hybrid working is here to stay and whether you choose to fully embrace it or not, employers need to

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8th June 2021

kickstart scheme

The Kickstart Scheme partner you’ve been waiting for…

During summer last year, the Chancellor announced a new employer initiative ‘The Kickstart Scheme’ aimed at supporting unemployed young people. Those aged 16-24 on Universal Credit would be provided with a 6 month paid work placement that would set them up with the experience needed to get them back on their feet and in the direction of a future career. The Kickstart Scheme is an opportunity for YOU to recruit the latest talent and grow your business, all fully subsidised!

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25th May 2021

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