Employment Law
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…
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…
“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…
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,…
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…
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, 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…
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…
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.…
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…
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…
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:…
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…
A flexible and dynamic jobs market along with a growing gig economy has led to many people across the country being left in the situation where they are waiting, unable to get on with their lives or look for other work in case of being called up at the last minute for a shift. Back in 2017 Matthew Taylor’s review of modern working practices and the gig economy recommended that employers should not be able to have one-sided flexibility over…
Pregnancy is a time of great joy, but it can also be a time of uncertainty for women in the workplace. Pregnant employees may face discrimination, and they may be at risk of redundancy during pregnancy. In response to this, the UK government has proposed new rules that are set to extend protections for pregnant employees against redundancy. Under current legislation, employers have an obligation to offer suitable alternative employment, where a vacancy exists, to a parent who is on…
The National Minimum Wage (NMW) and the National Living Wage (NLW) are two of the most important pieces of legislation that govern wages and working conditions throughout the country. The NMW was first introduced in 1999, while the NLW was introduced in 2016. As an employer, it is important that you understand your duties and responsibilities under the legislation to ensure you are paying your staff correctly and avoiding financial penalties and even prosecution. We’ve compiled a simple guide to…
It’s easy enough to talk about redundancy as a process. There are clearly defined stages, including a checklist of tasks to be completed. Ultimately, there are boxes to tick and it can be made to sound pretty basic. But if you dig deeper as you always should, you will find that redundancy is anything but basic and is a process that is essential to get right. Redundancy should be the last resort not the first. Making Someone Redundant – What…
We are going to see a number of employment law changes in 2023, and we want to support you as an employer. It’s the start of a brand-new year and HR:4UK are here to keep you informed with all of the latest in HR and employment law. 2023 is going to be a significant year for employment law, and you need to understand the changes. Today, we explore the developments in these key areas of HR and employment law…
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