Religious discrimination at work
With such a diverse population in the UK comes a broad range of different religions and belief systems. Consequently, by law employers must be careful not to discriminate against someone at work because of the religious or philosophical beliefs that a person may hold. The following guide for employers examines the meaning of religious discrimination […]
Immigration civil penalty for employing illegal workers
If you are facing allegations of employing migrant workers illegally in the UK, you can be issued a civil penalty notice from the Home Office. Immigration civil penalties are substantial fines and as such, a serious matter that requires you to take action – whether you want to challenge the fine or to pay the […]
When to issue a final written warning?
There are a number of obligations employers have to meet when issuing a final written warning. The following guide for employers and HR personnel looks at the steps that should be taken to avoid the potential pitfalls when issuing a final written warning, while ensuring a fair disciplinary process is followed. We also consider what […]
Licence to Occupy or Lease?
A licence to occupy can provide a property owner with a quick, easy and flexible way of letting out commercial premises, or even a room in their own home, avoiding the formalities and legalities of a commercial lease or residential tenancy. However, it is important to know how licences work, legally speaking, and when these […]
Redundancy during maternity leave: HR guide
The process of making employees redundant is rarely straightforward, but can be further complicated where the law affords the worker additional protections, such as if the employee is pregnant or on maternity leave. This guide will explain the key issues for employers dealing with redundancy during maternity leave, to help ensure fair and lawful handling […]
Racial discrimination at work: HR help
Being an equal opportunities employer means taking positive steps to prevent all forms of discrimination, including racial discrimination at work. Tribunal claims for unlawful racial discrimination are costly to defend, damaging to your reputation as an employer, and can have a profoundly negative impact on workplace morale. As such, taking positive steps to prevent unlawful […]
Care Workers Permitted to Pursue Unfair Dismissal Claim for Refusing Covid Jab
Three care workers who refused to have the Covid-19 vaccine have been given permission to continue their claims for unfair dismissal. Ms Dimitrova, Ms Chadwick and Ms Hussain were employed by UK care home provider Barchester Healthcare, which implemented a ‘no jab, no job’ policy within the organisation in 2021. The policy was in effect […]
When can you replace a redundant position?
It’s not uncommon for organisations to experience growth after a period of financial difficulty that resulted in redundancies. If you are looking to recruit for a role that has previously been made redundant, it will be important to ensure you are proceeding lawfully to avoid potential legal complaints. In this guide for employers, we explain […]
New Smoking Law to Create Smoke-Free Generation
The UK government will create a “smoke-free generation” by ending cigarette sales to those born on or after 1 January 2009. Prime Minister Rishi Sunak has revealed plans to introduce a new law to stop children who turn 14 this year or younger from ever legally being sold cigarettes in England. In a statement on […]
Dealing with long term sickness absence
Long term sickness absence requires careful management by employers. It is a balancing act between supporting the employee’s recovery and return to good health while minimising operational and performance disruption and mitigating legal risk exposure. Absence management should be considered in two parts: dealing with the employee’s absence from work and then managing their return […]
Constructive dismissal bullying claims: HR help
An employee complaining of workplace bullying may be able to bring a tribunal claim for constructive dismissal if they resign as a result of their employer’s failure to deal with the unwanted behaviour. In this guide for employers, we look at how to reduce the risk of constructive dismissal claims for bullying by dealing with […]
MAC Recommends Reforms of UK Shortage Occupation List
The Migration Advisory Committee (MAC) has published its latest review of the UK’s Shortage Occupation List (SOL). The review was originally commissioned in August 2022 and covers information from the MAC’s own research as well as input from wider stakeholder engagement through its Call for Evidence. In the report, published on 3 October 2023, the MAC […]
Are employers allowed to monitor employees at work?
Monitoring staff is a sensible business decision for several reasons, but this must be balanced with employees’ right to privacy while at work. In this guide, we outline what types of monitoring are permissible, under what conditions, and what must be in place for it to be legal. What do we mean by ‘monitoring’ […]
ICO Issues New Guidance on Workforce Monitoring
The UK’s data regulator, the Information Commissioner’s Office (ICO), has issued new guidance for employers on monitoring workers and how this interacts with data protection. The guidance, “Employment practices and data protection − Monitoring workers“, highlights the imperative for employers to balance their legal obligations and their workers’ rights when implementing workforce monitoring. The new […]
National Living Wage Increasing in April 2024
The Chancellor has announced a rise in the National Living Wage (NLW) to over £11 an hour from April 2024, up from £10.42 an hour for the current financial year 2023/2024. The rise takes the NLW to two-thirds of average earnings and would mean the annual earnings of a full-time worker on the National Living […]
Reasonable adjustments for mental health disabilities
Employees are protected from discrimination at work if they have a qualifying disability under the Equality Act 2010. The obligation on employers to prevent unlawful disability discrimination extends not only to employees’ physical health and visible conditions but also to their mental health and well-being. Section 20 of the Act, in particular, gives eligible employees […]
TUPE & right to work checks on transferring workers
Immigration compliance is a commonly overlooked aspect of the TUPE transfer process. Among the demands of managing a complex transaction and workforce changes, employers remain under an obligation to ensure all workers are eligible to work, or the organisation risks enforcement action being taken against them. What are the rules relating to right to work […]
Coaching vs mentoring: what’s the difference?
Investing in and supporting the personal and professional development of your people is shown to be beneficial for an organisation as a whole. Coaching and mentoring, for example, offer ways to develop, support and retain your staff, both in the short and long-term, ensuring the necessary skills for the organisation’s objectives to be achieved. While […]
Do employers have to give a reference?
There is generally no obligation for employers to provide a reference for an exiting employee, unless there is a contractual agreement that they must provide one, or if they operate in a regulated industry. Where a reference is given, it must be true, accurate and fair. In this guide for employers, we consider the rules […]
New Right for Workers to Request Predictable Working Patterns in 2024
A new law designed to give workers on flexible or casual contracts more predictable working patterns has received Royal Assent. The Workers (Predictable Terms and Conditions) Act 2023, which is expected to come into force in Summer 2024, will afford workers such as temporary workers and those on zero hour contracts a new statutory right […]