Coronavirus: Working from Home (Employer Advice)
The UK Government has placed the country on official lockdown from 23 March 2020. Under the new rules, members of the public must not leave their house except to: Travel to and from work if impossible to work from home Shop for essentials, as infrequently as possible Exercise outdoors once per day, alone or with […]
Unpaid leave: HR guide to employees’ rights
Unpaid leave is where an employee takes time off from their job without pay. In some situations, as in the case of time off to care for a dependent in an emergency, you must grant the time off, although you can decide whether it is paid or unpaid. In other situations, such as a request […]
Restructuring and redundancy: employer guide
How should an employer proceed if a restructuring process could potentially involve redundancies? A business restructure does not necessarily mean that redundancies are inevitable, for example, where changes are made for operational rather than for financial reasons. But in some cases, the loss of jobs may be unavoidable. In this guide, we look at the […]
Redundancy process: making staff redundant
When making staff redundant, employers should follow a fair legal process that upholds employees’ rights while protecting the organisation from risks such as unfair dismissal claims. Throughout the process, the employer has to show compliance with the law and that they have exhausted all other options before terminating an employee’s contract through redundancy. In outline […]
What are fair reasons for redundancy?
Redundancy is classified as a potentially fair reason for dismissal, provided that it is carried out properly and the employer follows a lawful process. If the redundancy is not genuine, the correct process is not implemented or the reasons for an employee’s redundancy are unfair, the dismissed employee may be able to bring a claim alleging […]
Breach of employment contract: essential guide
If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract. Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract […]
Working under protest: HR guide
A ‘working under protest’ scenario will often arise where an employee has lodged a formal grievance within the workplace following a contractual change to their pay or other terms, whilst preserving their right to take legal action against you. When an employee is working under protest, it is imperative as an employer that you seek […]
Hiring happy employees: boost morale & productivity!
Boosting employee happiness is one of the most effective ways for an employer to maximise productivity, reduce absenteeism, attract talent and create a compelling employer brand for their business. Traditionally, organisations have sought to improve output among their workforce by focusing on material rewards such as pay rises, bonuses or other employee benefits to incentivise […]
Case law: covert CCTV recordings in the workplace
What do employers need to be aware of when considering covert recordings in the workplace? In López Ribalda and Others v. Spain, the European Court of Human Rights has overturned a previous judgment it made in the case of López Ribalda and others v Spain, the case where a supermarket manager covertly filmed shop workers […]
Pregnancy-related sickness absence: HR FAQs
Pregnancy-related sickness requires careful handling. Pregnant employees are afforded special legal status which must be accounted for in any approach to pregnancy-related sickness absence management. What is the protected period? The protected period prevents women from suffering unfair treatment on the grounds of their pregnancy or related illnesses. For women who are eligible for maternity […]
Case law: probation officer fairly dismissed for failure to disclose
In Q v Secretary of State for Justice UKEAT/0120/19 (10 January 2020), the EAT held a probation service officer was fairly dismissed for failing to disclose dealings with social services in a personal capacity. This case demonstrates the difficulties an employee may face when challenging a dismissal after they have failed to take into account a […]
Case law: vegetarianism & veganism: protected characteristics?
In the case of Conisbee v Crossley Farms Ltd and Others, the employment tribunal made a ruling that vegetarianism was not considered to be a protected characteristic under equality law. The basis of this decision was that it did not meet the relevant criteria for establishing a protected philosophical belief. The above case contrasts to […]
Employment law changes April 2020
The following changes in UK employment law will be taking effect from April 2020. Employers are advised to take action now to ensure compliance and adjust processes and policies in advance of the new rules taking effect. Increases in minimum wage, statutory sick pay and statutory family pay Minimum wage The new rates from 1 […]
Written statement of employment particulars
All employers are required to provide a written statement of employment particulars to all employees and workers employed on or after 6 April 2020 from the first day of employment. What is a written statement of employment? A written statement of employment, or a section 1 statement, is a document which sets out the key […]
COT3 agreement: settlement FAQs
A COT3 agreement sets out the terms of a settlement agreement between an employer and employee. The COT3 forms part of the ACAS early conciliation process, intended to help resolve employment claims coming before the employment tribunal. The following article sets out guidance on COT3 agreements, including whether they are enforceable. What is a COT3 […]
Secondment agreement: employers’ Guide
Whether your organisation is considering a programme of secondments for a group of employees or arranging a single secondment for an individual employee, you will need to know how to go about achieving this, in particular, you will need to consider the contents of any secondment agreement. Equally, if you are a host organisation looking […]
Pre-employment screening checks: HR guide
Pre employment screening checks are a critical part of a business’s recruitment and onboarding process. The following guide looks at the various different types of checks that should be conducted and how to carry these out, as well as the legal, practical and financial consequences of failing to do so. What are the pre employment […]
Rolled up holiday pay: employer FAQs
All workers in the UK have a right to holiday pay; one week’s pay for each week of statutory leave. The amount to which they are entitled is calculated by reference to the hours worked and how they are usually paid. For fixed hour workers, this is a fairly simple process, but for casual and […]
Summary dismissal: fair procedure guide
Dismissing an employee without notice, or payment in lieu of notice, requires employers to proceed with caution, not least to minimise the risk of a claim for unfair or wrongful dismissal. The following guide examines the law relating to summary dismissal, with practical advice on the procedures you will need to follow for the dismissal […]
Zero hour contract holiday pay entitlement
With zero hour contracts a common feature of the UK economy, the following guide looks at the law relating to zero hour contract holiday pay entitlement. Zero hour contract rights Under the Employment Rights Act (ERA) 1996, a zero hour contract is defined as a contract of employment under which the undertaking to do or […]