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HR / Employment Law News

Revised Vento bands confirmed as tribunal system review is published

When making an award for injury to feelings, most commonly in discrimination cases with potential for such awards to also be made in other detriment based claims (following clarification by the EAT in the case of South Yorkshire Fire & Rescue v Mansell), an Employment Tribunal will base their calculations on the guidelines and bands set out in the Court of Appeal case Vento v Chief Constable of West Yorkshire, more commonly known as Vento. The purpose of that award

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31st March 2021
sleep in shift

Supreme Court rules that Sleep-In shifts are not working time for the purposes of the National Minimum Wage Regulations

In the judgement of Royal Mencap Society v Tomlinson Blake, the Supreme Court finally decided the issue of whether workers should be paid National Minimum Wage when on ‘sleep-in’ shifts.  This long-running saga commenced in 2017 when in this and a number of conjoined cases the EAT decided that such time could, in certain circumstances, be considered to be ‘time work’ for the purposes of the NMW Regulations, such that the whole of the shift, and not just any time

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31st March 2021

9 to 5 love

The subject of personal relationships at work can be a tricky area to navigate, especially in the wake of the #MeToo movement.  But are restrictions on such relationships permissible, and is it reasonable for a company to implement a Personal Relationships policy? Here we take a brief look at the issues for employers to consider. Love in the workplace –  what can go wrong? Personal relationships in the workplace can give rise to a number of potential issues, including: perceived

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11th February 2021

Remote working: From exception to rule?

Currently, people are permitted to go to work only if they “cannot reasonably work from home”. The government guidance is that only public sector employees in essential services and those working in construction, manufacturing and critical national infrastructure should be going into the physical workplace…and even in those cases, it is only if they cannot work from home. Employers who fail to make reasonable efforts to accommodate homeworking are at risk of enforcement action and penalties by the Health and

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28th January 2021

Changes to ACAS Early Conciliation

Did you know that ACAS Early Conciliation has now changed to allow a standard six-week early conciliation process in all cases? Previously there was a default period of one month with the possibility to extend for a further two weeks. Of course, where either side confirms they do not wish to conciliate then the process can be ended at any time during this window. However, this should be a welcome step as it removes the need for ACAS to undertake

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22nd December 2020

The trials and tribulations of surviving redundancy

Employers have a duty to make reasonable attempts to find alternative employment for anyone facing redundancy, and employees on maternity leave have an additional right to be offered any suitable alternative role that exists.  In both cases, the law provides for a trial period of 4 weeks during which both parties can decide if the alternative role is suitable. If at the end of this period (which can be extended if both parties agree in writing) either party feels that

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9th December 2020

Maternity Matters

Is it automatically unfair to make an employee on maternity leave redundant? Not necessarily, but it is trickier… Employees returning from ordinary maternity leave (the first 6 months) have the right to return to their original job unless that job is no longer available. Employees on additional maternity leave (the second 6 months) have the right to return to the same job unless it’s not reasonably practicable for them to do so. In which case, they must be offered a

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7th December 2020

The art of picking and choosing….

In our previous feature, we mentioned the need for employers to adopt a fair selection process when effecting redundancies, i.e. via the use of a robust selection matrix, consisting of several criteria which are consistently applied to each employee in the pool. Any measure which puts those with a particular protected characteristic at a disadvantage (e.g. sex, age, disability) can lead to an unlawful discrimination claim if not adjusted to remove such impact.  A common example is the use of

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26th November 2020

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

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