Employment Law

Working Illegally: The Dangers for Employers

By James Dawson / November 2, 2023
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Hiring illegal workers in the United Kingdom can have serious consequences for both employers and employees alike. While the government is committed to maintaining a strong and fair immigration system, employers are expected to play their part in ensuring a legal and compliant workforce. Unfortunately, right to work and immigration laws are often a tricky course to navigate, and many employers have already fallen foul of the law in notable cases. Today, we discuss the potential problems that business owners…

Share Codes and Right to Work: What it Means for Employers

By James Dawson / October 11, 2023
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As an employer, it is no secret that you are responsible for ensuring that your employees have a legal right to work in the country. The punishments for not doing so are harsh indeed: up to 5 years in jail and a potentially unlimited fine. As such, it’s imperative that you’re familiar with the necessary requirements to legally employ people in the United Kingdom.  To assist in this, companies can make use of a feature introduced in July 2019 as…

Share Codes and Right to Work: What it means for Employers

By Angela Clay / October 3, 2023
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As an employer, it is no secret that you are responsible for ensuring that your employees have a legal right to work in the country. The punishments for not doing so are harsh indeed: up to 5 years in jail and a potentially unlimited fine[1]. As such, it’s imperative that you’re familiar with the necessary requirements to legally employ people in the United Kingdom.  To assist in this, companies can make use of a feature introduced in July 2019 as…

MP Resigns due to Chronic Migraine: Is Your Workplace Doing Enough to Help Sufferers?

By James Dawson / September 29, 2023
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Conservative MP and Minister for Levelling Up Dehenna Davison resigned last week, citing chronic migraines as the chief reason for her being unable to continue her work1. The 30-year-old MP for Bishop Auckland’s sudden and surprising resignation has raised concerns over how migraines are handled in the UK, the extent of their effects and how businesses can better accommodate those who suffer from them. In this article, we take a look at the scale of the issue, and offer advice…

National Minimum Wage Breaches: Ten Top Tips for Employers

By James Dawson / September 28, 2023
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In light of our newsletter discussing National Minimum Wage (NMW) breaches, we’re highlighting the major factors that employees should consider to avoid falling foul of the law. Indeed, ensuring that your employees receive at least the minimum wage is not just a legal obligation, but also a moral one. Failing to do so can result in serious consequences, and not just financial ones: many businesses across the country have already faced becoming part of the government’s ‘name and shame’ list,…

The Employee Relations (Flexible Working) Act 2023: Top Tips for Employers

By James Dawson / September 12, 2023
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Following on from our previous newsletter discussing the upcoming changes to flexible working, this article will instead focus on how the effects of the new legislation can be dealt with and what changes employers may need to make before the proverbial hammer strikes.  The Changes to Flexible Work and What it Means for Employers As it currently stands, workers are able to request flexible working once in any given 12-month period, and employers have up to three months to respond. In addition, employees must also explain…

Breaching Minimum Wage: Is Your Business at Risk?

By James Dawson / August 31, 2023
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One of the more common misconceptions people have towards minimum wage law is that they assume salaried positions don’t have to correspond to hours worked. In other words, many employers seem to think that a job with a salary means that employees always get their salary, regardless of hours worked. This is, quite simply, not the case: instead, the hourly rate must always correspond to the national minimum wage regardless of the figure of the salary. In this article, we…

Contentious Resignations: Advice for Employers

By James Dawson / August 31, 2023
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“I quit!” Two words no employer wants to hear. Resignations happen all the time, but when an employee quits on the spot, something has gone badly wrong. Resignations are generally seen as an employee’s voluntary act to terminate their employment contract; however, there are situations where a resignation can become contentious, leading to disputes and even potential legal consequences for employers. A resignation that can be considered contentious is one which does away with the normal process for employees – that…

The Employment Relations (Flexible Working) Act 2023

By Angela Clay / August 31, 2023
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Over the course of the pandemic, many of us in regular employment had, for perhaps the first time, the opportunity to partake in what is now deemed ‘flexible working’. This meant that for at least a portion of the week, employees could work from home, given the requisite tools to do so. Many businesses have never looked back. Now, The Employment Relations (Flexible Working) Act 2023 is set to usher in a new era of workplace flexibility in the country,…

Garden Leave in the UK: Understanding its Implications for Employers

By James Dawson / July 28, 2023
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If you’ve been in business for a while, you’ll likely have encountered instances where an employee, usually a director or manager, suddenly seems to be off work before vanishing altogether. Why? They could well have been placed on “garden leave”. In the realm of employment law, garden leave is a term used to describe a situation where an employer instructs an employee who is leaving the company to serve their notice period away from the workplace while still receiving full…

Sexual Harassment in the Workplace: Why Enough is Enough

By Angela Clay / July 1, 2023
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Despite living in the wake of the #MeToo movement and the ensuing push for greater recognition of sexual harassment in the workplace, the problem is still all-too real for many people in the world of work. Almost a quarter of employees feel that challenging issues like bullying and harassment are swept under the carpet in their organisation [1]. Is your business taking the steps it needs to prevent and deal with instances of sexual harassment? Since the Equality Act of 2010, the…

ACAS: Updates on Mental Health Guidelines in the Workplace

By James Dawson / June 29, 2023
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ACAS, the Advisory, Conciliation and Arbitration Service, recently released new guidance aimed at helping employers enhance their support for employees by making adjustments for mental health in the workplace1. While there are already well-established legal obligations to make reasonable adjustments for disabled employees, understanding how this applies to individuals with mental health difficulties can be challenging. This article provides a summary of the ACAS guidance and offers practical advice for employers on implementing these adjustments. Duty to Make Reasonable Adjustments Employers must…

Which Way Does the Whistle Blow? Whistleblowing Laws Under Review by Government

By James Dawson / June 29, 2023
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Whistleblowing can be a key mechanism in unearthing injustice, corruption and illegal activity in the business world and beyond. Current whistleblowing laws are now under review by the UK government to see if they adequately protect workers who blow the whistle on wrongdoing in the workplace, and new legislation is also on the horizon. This guide will outline proposed changes and is designed to help businesses and individuals prepare for any potential changes. What is whistleblowing? Whistleblowing refers to the…

Paternity Leave: Are You Taking Your Time This Father’s Day?

By James Dawson / June 16, 2023
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June the 18th marks this year’s Father’s Day, a time to show love and appreciation for the father figures in our lives. However, only a tiny number of recent fathers are taking paternity leave according to figures from His Majesty’s Revenue and Customs (HMRC)1. So, this father’s day we ask a pertinent question – are you aware of your rights? The Lack of Paternity Take Up Just 204,000 fathers took their allotted paternity leave in 2021/22, only one third of those eligible.…

How Employers Should Handle Data Subject Access Requests

By Angela Clay / May 31, 2023
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Navigating data subject access requests (DSARs) can be a daunting task for most employers, and it’s understandable that the process might evoke feelings of dread. When an employee data subject access request (DSAR) lands on your desk, you may feel overwhelmed by the administrative burden required to respond to it effectively. However, it doesn’t have to be so stressful! Employers should understand that in this day and age, everyone – from customers to members of staff – has the right…

Fire and Rehire Statutory Code of Practice: 8 Key Updates

By Angela Clay / April 27, 2023
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Last year P&O Ferries deliberately sought to evade the law by sacking 786 seafarers without due consultation. Having made no efforts to inform the Business Secretary at the time, they failed to follow best practices or do the right thing for their employees. This has led to the planned introduction of a new statutory code that will crack down on unscrupulous employers that use these controversial dismissal tactics. Business Secretary at the time Grant Shapps said:  “Our new code will crack…

How to Manage Employee Maternity and Leave

By Angela Clay / April 27, 2023
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Pregnancy can be an exciting time of anticipation for both the employee and the employer. However, as an employer when your employee informs you that they are pregnant, there are steps you must take to ensure their rights are protected. So it’s important that you understand the legalities and procedures surrounding maternity. In this article we explore everything you need to know to allow you to successfully manage the process from beginning to end. Maternity Leave: Employers Checklist Maternity Leave:…

Could Short-time Working and Lay off Help Your Business

By Angela Clay / April 3, 2023
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In these uncertain times with inflation still rising and the cost of living continuing to make an impact, we understand the need for business owners to ensure their business is protected against fluctuations in workload or reductions in demand for products or services. Short-time working and layoff may be options businesses can use in these situations. Short-time working is when an employer reduces workers’ hours, whereas lay-offs are when there is no work at all and employees can temporarily not…