Last week we were all alarmed at the seemingly heartless way in which 800 staff were dismissed by P&O Ferries by way of a 3-minute long pre-recorded message. While redundancies and business restructures are unfortunately relatively common place, it was the lack of correct legal approach, together with the lack of civility which drew attention to this situation. Here we look at what the correct legal approach is in this situation and what P&O should have done if it had to make staff redundant.

Redundancy

Let’s pause and think about the menopause.

As with many subjects which at one point seemed too “taboo” to discuss in the workplace, the menopause, and its symptoms, have started to shift the conversation in workplaces across the country.

Managing the effects of the menopause at work is essential for both employers and their staff. Menopausal women are the fastest growing demographic in the workplace. However those going through it often feel as though they must do so quietly and behind closed doors. This piece

The Department for Business, Energy and Industrial Strategy (BEIS) will shortly be publishing its consultation on extending the right to request flexible working to all employees, removing the current requirement for 26 weeks' service before doing so.

This proposal was part of the Conservative party's 2019 manifesto but the introduction of the "day one" right was delayed due to the COVID-19 pandemic.   If introduced it will allow employees to request flexibility from the outset of their employment, which will assist many more employees to better

Many employers take steps to ensure that their staff undertake equality and diversity training within their organisations. Employers can also use this as a defence in any discrimination claims to say they have taken all “reasonable steps” to ensure that no discrimination takes place within their organisation.

However, a recent case of Allay (UK) Ltd v Gehlen, the EAT has held that an employment tribunal was entitled to reject an employer’s ‘reasonable steps’ defence to a claim of racial harassment. Although the perpetrator of the

The past few months has seen the roll out of the Covid-19 vaccination across the UK and while the availability and speed of the process is being questioned daily in the press, one issue which we have seen brought the foreground of discussions amongst clients is whether or not they can mandate their staff to have this vaccination.

Many employers are likely to encourage their staff to take up the vaccine, but the issue of whether this can become mandatory is an interesting one from

This lunchtime, the Chancellor, Rishi Sunak, announced that the Coronavirus Job Retention Scheme (CJRS) will remain open until 31 March 2021, which will allow employers to furlough employees until that point. For claim periods running to January 2021, employees will receive 80% of their usual salary for hours not worked, up to a maximum of £2,500 per month. This means the Scheme is more generous than the scheme running in September and October. The percentage may be reviewed for February and March, presumably reducing on

New reforms to boost hearing capacity in employment tribunals have been introduced at Westminster with the aim to hear more cases and allow for greater flexibility in light of the COVID-19 pandemic.

One of the changes being made will allow the judiciary the option of deploying non-employment judges into employment tribunals and will also allow employment judges who normally sit in England and Wales to sit in Scotland and vice versa.

Announcing the reforms, Business Minister Paul Scully said: "The employment tribunal system has held

If an employee is being made redundant they will be entitled to a period of notice and, for those with at least two years’ service, a statutory redundancy payment.  They should also be paid in respect of accrued but untaken holidays, if appropriate.

Statutory redundancy payments can be relatively small therefore some employers offer a payment in excess of the statutory minimum – usually called enhanced redundancy payments.  This can be offered for a variety of reasons: 

• it may be that it forms part of

The Government has recently legislated to ensure that if a furloughed employee was made redundant, certain statutory payments would be calculated with reference to the employee's normal pay and not with reference to their reduced furlough pay.

The government suggested that throughout the pandemic it had urged businesses to do the right thing and calculate payments for employees being made redundant with reference to their normal pay, rather than their reduced furlough pay. While the majority of businesses had done so, the government was aware

Following our previous update, yesterday (15 April 2020), HMRC has issued a further update to its employer and employee guidance on the Job Retention Scheme (the Scheme). We now have the following recommendations:

1. The eligibility date, being the date when the employee has to have been on the employer's payroll to qualify for the Scheme, has changed from 28 February to 19 March 2020. This means that a large number of employees who started employment after the 28th February will now qualify for the Scheme

Following on from the Government’s announcement of the Coronavirus Job Retention Scheme, we now have some further information about the scheme following updated guidance issued by the Government (https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme).

In summary, the following will apply:

-  Employers will be able to apply to HMRC for a grant to cover 80 per cent of an employee’s regular wage or £2,500 per month (whichever is lower) plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions for employees who are not working but

In the midst of a period of uncertainty for all sectors across the U.K, it was a welcome change for us all to hear the Chancellor’s announcement on Friday 20 March that the Government will cover up to 80% of employee costs if your business has no work for them.

Guidance-to-employers-and-businesses-about-covid-19

This is an incredible and unprecedented lifeline for employers but there are obviously some conditions attached to this which we try to iron out below. This is a new scheme and new information for

Currently, employers are only required to give new employees a written employment 'contract' stating their main terms and conditions within two months of starting work.

Following the governments Good Work Plan, the requirements will change for those starting work on or after 6 April 2020. In summary, the changes are:

• The obligation will extend to 'workers' as well as employees
• It must be provided on or before the date on which they start work
• Only certain limited information can be provided later
• The

In the recent case of Casamitjana v League Against Cruel Sports an employment tribunal ruled that ethical veganism can be a philosophical belief worthy of protection under the Equality Act 2010.

It is well known that the Act (which protects against discrimination, harassment and victimisation) covers religion and religious beliefs. It is less well known that it can also extend to certain philosophical beliefs.

In concluding that the claimant's beliefs were worthy of protection the tribunal took into account his dedicated and strict adherence to

The Equality and Human Rights Commission (EHRC) has published new guidance in relation to sexual harassment and harassment in the workplace. In this blog we will look at the guidance, and what it means for employers.

The Equality Act 2010 prohibits discrimination and harassment because of, or related to, one or more of the nine protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation).

There is no length of service requirement for an

In January 2020, the government confirmed that paid parental bereavement leave will be introduced for eligible employees on 6 April 2020. Here we look at the new entitlements, and discuss how employers can support staff going through a bereavement.

Quite amazingly, there has been no legal obligation for employers to provide paid time off for grieving parents. The Employment Rights Act 1996 affords employees the legal right to take 'reasonable' time off to deal with an emergency, which includes the death of a child.

As we wake up this morning we are presented with the seismic shift in the landscape of UK politics with the Conservatives taking control of the House of Commons with a landslide victory. Whilst the reality of what lies ahead in the next 5 years remains to be seen, there will of course be an impact on employment law as a result of this election.

In their manifesto, the Conservatives proposed to create a single enforcement body for employment rights to enforce employment law

The Government has just launched a consultation on how to tackle sexual harassment in the workplace. The consultation seeks views on how employers can be encouraged to better prioritise the prevention of sexual harassment.

Consideration is being given to a new duty to require employers to actively protect staff from harassment in the workplace. This would enhance current requirements by placing a preventative duty on employers to take action, for example, implementing an equality policy, raising awareness, providing training and dealing effectively with complaints.

The

It is fairly well known that the Equality Act 2010 affords protection against discrimination, harassment and victimisation on the basis of religion (or religious beliefs).

Perhaps less well known is that it can also provide protection in relation to certain philosophical beliefs.

To be protected such philosophical beliefs must be more than an opinion or viewpoint - it must be a genuinely held belief in relation to weighty and substantial part of human life and behaviour. It must also be serious and important, and have

As we approach 29 March there are changing levels of uncertainty around what might happen when the UK leaves the European Union, it is a good time to consider what options your business might have to take ahead of a possible Brexit.

The current position is that at 11pm on 29 March 2019 the United Kingdom will leave the E.U. This is known as the 'withdrawal date'. A European court has ruled that the UK can decide to halt the process and stay in the

Earlier this month, Acas issued guidance on age discrimination and information for workplaces outlining important points for businesses to consider including steps to take to avoid age discrimination in the workplace and examples of how age discrimination might occur.

Age is one of the nine protected characteristics within the Equality Act 2010. This means that an employee is protected against discrimination because of age. It is important to remember that this discrimination doesn't only occur when a 'young person' receives better treatment than an 'older

Before we all down tools for Christmas, it might be an idea to think about what sort of 'resolutions' you wish to make for your business in the coming year. Sometimes, the personnel issues are the ones that go to the bottom of a to-do list so now is a good time to think of what you are looking to achieve.

1. Ensure your contracts and policies are up-to-date

One area that tends to go to the bottom of a to-do list is contracts and policies.

The Scottish Government and the Scottish Trades Union Congress (STUC) have jointly created A Fair Work Charter for Severe Weather, setting out guidelines for both employers and workers for managing the effects of severe weather on work. The Charter was developed as a response to the severe weather brought in by the 'Beast from the East' at the beginning of 2018 which had an impact on commuters and those with caring responsibilities.

The Charter is an extension of the 2016 Fair Work Framework which

Last week was National Stress Awareness Day, and is a good way to remind employers they should be ensuring the welfare of their employees, in particular their stress levels and overall mental health. Employers have a legal and moral obligation to ensure they aren't discriminating against staff, specifically because of their mental health. Reasonable adjustments, by altering working conditions, to help employees with a disability, including mental health problems is the law.

While many organisations understand the impact of mental health in the workplace, it

On 29 October 2018, the Chancellor, Philip Hammond, delivered the Autumn 2018 Budget. The Budget included the following measures of interest to employment practitioners:

• Following the recommendations of the Low Pay Commission, the government will increase the national minimum wage from April 2019 to the following rates:
  • Apprentices: £3.90 an hour;
  • 16-17 year olds: £4.35 an hour;
  • 18-20 year olds: £6.15 an hour;
  • 21-24 year olds: £7.70 an hour;
  • National living wage (workers aged 25 and over): £8.21 an hour.
• The government will meet its

The Advisory, Conciliation and Arbitration Service (Acas) has published statistics on its early conciliation (EC) service for the period April to June 2018. The statistics show that the total number of EC notifications had increased by 53% as compared to the equivalent quarter of 2017. The figures also show an increase in the proportion of EC cases which thereafter proceeded to a full employment tribunal claim: 23% of EC cases went forward compared to only 17% in the same quarter for 2017.

Acas early conciliation

Acas, also known as The Advisory, Conciliation and Arbitration Service, has produced new guidance on job references. Aimed at both employers and employees, it is based around the most frequently asked questions put to the Acas helpline. It explains what references are and provides information on what they should include, when they are required and how to deal with issues or problems. In particular, the guidance covers the following common questions:

• Does a reference have to be provided?
• What can a reference include?
• Can an

Working nine-to-five is no longer the working norm according to a YouGov survey.

The survey reveals that a mere 6% work the traditional 9am-5pm workplace hours. Interestingly, only 14% of those polled would opt for these hours if given the choice.

A significant proportion (66%) said they would prefer to start earlier and finish earlier, with the most preferred options being 8 till 4 or 7 till 3.

Whilst this reflects a shift in labour requirements generally, it also shows a change in attitudes towards

It is quite a thought returning to work after a period of maternity leave and here we look at the things an employee will want to think about before going back to work.

• • You must take at least 2 weeks off after your baby is born (compulsory maternity leave), which is increased to 4 weeks if you work in a factory. Other than the compulsory maternity leave period, you can take up to 52 weeks maternity leave.

• • If you do not wish to take the

Recent figures from the Office for National Statistics establish a significant fall in the number of sick days employees are taking off work. The figures reveal that employees took off an average of only 4.1 days in 2017, compared to 7.1 back in 1993 (the year records began).

The available data shows that the sickness absence rate started slowly decreasing in 1999, and continued to fall following the 2008 credit-crunch. There will be a multitude of factors contributing to this. It is suggested that the

Figures obtained from a freedom of information request to the Department for Business, Energy and Industrial Strategy (BEIS) reveal that over £390,000 of employment tribunal awards remained unpaid in 2017 due to insolvency of the employer.

The real amount may be significantly higher as BEIS is only aware of unpaid awards when it is notified by a claimant. Experts suggest that these figures could be indicative of there being an element of "phoenixing", where an employer intentionally becomes insolvent to avoid the debt, and then

There have been a few employment tribunal decisions which have considered the position of philosophical beliefs, and what beliefs are protected. The Equality Act 2010 protects the rights of employees to practise their religion without fear of discrimination. However, certain employees hold philosophical rather than religious beliefs and these may be protected by law.

In 2009, an Employment Appeal Tribunal (EAT) decision defined the criteria of a philosophical belief. It must:

• be genuinely held
• be a belief and not an opinion or viewpoint, based on

The government has recently published a response to the Women and Equalities Committee report on Fathers and the Workplace.

In March 2018, the Women and Equalities Committee published a report, Fathers and the Workplace, calling on the government to make improvements to fathers' rights at work. This included, for example, removing the qualifying period for paternity leave to make it a right "day one" from the first day of employment, and increasing the rate of statutory paternity pay to 90% of earnings.

The government has

Here's a sentence we don't often get to say: it's getting hot! The coming days are set to see record temperatures across the UK, giving us the feeling of an actual summer for the first time in a long time. While we've had to contend with previous weather issues (the Beast from the East to name but one), being too hot is not often one of them. Here we look at the things that employers should be thinking about while we're enjoying the current hot

With all the gorgeous weather we've been having, the start of the World Cup 2018 seems to have crept up on us (or is that just me?). The World Cup takes place in Russia between Thursday 14^th June and Sunday 15^th July. Football match times in the UK will vary between 11am and 8pm.

The World Cup is a big sporting event for many employees who may want to follow their favourite football team (sadly this does not include Scotland this time).

Termination payments are often made to employees when the termination of their employment is governed by a settlement agreement. New rules affecting the taxation of termination payments came into effect on 6 April 2018.

What are the changes?

There has been a change to the taxation of 'payments in lieu of notice' (PILONs), which are commonly part of any overall settlement.

Where employment terminates on or after 6 April 2018, there will now be no distinction between contractual and non-contractual PILONs. Both will now be

Each year, we see a number of proposals which have an impact for employees and employers alike, and this year proves to be no different. We thought that it would useful to give you an employment law update.

While some of the changes are those which we see every year, there are some which will have a greater impact on organisations.

Gender Pay Gap Reporting

30 March 2018 was the date on which specified public authorities, including government departments, the armed forces, local authorities, the

Following the abolition of employment tribunal fees, many questions remain. We will aim to clarify the situation as it currently stands.

When Were Tribunal Fees Abolished?

They were abolished on 26 July 2017, following a ruling by the Supreme Court that they were unlawful.

I Have Already Paid Tribunal Fees- Can I Reclaim Them?

Yes.

The Government is putting in place a system to reimburse those who have had to pay employment tribunal fees in relation to their claim. The details of the scheme

Under the Data Protection Act, employees can ask to see any personal data about them that their employers hold. These are called Subject Access Requests (SAR), and can create potential legal problems for employers. What are the risks around SARs? And how employers should handle them?

The Risks

A SAR will likely be time-consuming and costly to an employer. They may need to look through a lot of data in order to find all of the information required.

SAR?s can also be risky for employers

What do you need to know about the Uber Employment Tribunal Case and how will this affect employment rights?

In a landmark decision, an Employment Tribunal has held that Uber, popular smart-phone taxi app, must treat its drivers as 'workers' opposed to self-employed. This gives Uber drivers a range of employment rights whilst placing obligations on Uber to uphold these. However, this case is likely to have wide reaching implications. This blog will look at the key facts of the Uber case and tell

In 2015, 77% of university students worked to help fund their studies. With the new university year beginning, what do employers, and students, need to know about hiring students?

1. ' Regulations for Younger Workers '

Most university students are over the age of 18, but some students may be younger. Workers under the age of 18 have additional employment rights. For example 16 & 17 year olds are entitled to a 30 minute rest break if they work more than 4.5 hours. It is

In August 2016 a TUC survey of 1,500 women found that more than half of women of the women surveyed have experienced sexual harassment in the workplace. Sexual harassment is a key issue in the workplace today that has a severe impact on employers and employees. With this in mind we look at what you need to know about sexual harassment at work.

What is Sexual Harassment?

Sexual Harassment is a broad term that covers a variety of situations. Both men and women can be

In a year that has seen headlines dominated by strikes of junior doctors and Scotrail staff, the introduction of the Trade Union Act 2016, is likely to be of great interest to both employers and employees. The Trade Union Act 2016 (TUA), which is expected to come into force throughout the year, incorporates a number of changes for the Trade Union regime throughout the U.K.

The Key Changes

Balloting

Before industrial action can take place, a Trade Union must ballot its members. Members will cast

On Friday the 24^th June 2016 the country woke up to the news that the majority of voters in the United Kingdom had voted to leave the European Union. Whilst the implications of this referendum will be far reaching, the question on a number of people's lips is how will Brexit affect employment law?

The UK will continue to remain a member of the EU until there is agreement on when we will leave. However, there are a number of employment issues that are

The Department for Business Innovation and Skill (BIS), together with the Equality and Human Rights Commission (EHRC), commissioned research exploring pregnancy and maternity related discrimination in the workplace. The research involved interviews with over 3,000 mothers and over 3,000 employers in Britain.

While you may not all have the time or inclination to read the full report, the information that stemmed from the research is worrying, considering rights in relation to maternity and pregnancy discrimination have been around for so long.

Some of the key

An area of employment law which is gaining more ground is the issue of managing employees working from home. In fact I have been asked by a number of clients about this issue given more employees are making flexible working requests to work from home. It is important that employers are aware of how to manage employees working from home and using their own devices.

Homeworking is a type of flexible working which, depending on the agreement between employer and employee, can be also used

As you will have no doubt seen in newspaper headlines and Government advertising billboards, there is a 'new' rate of pay coming in - the National Living Wage. In this blog, we look at what this change is and what it will mean for businesses.

There are currently four different hourly rates of National Minimum Wage (NMW) for different categories of worker:

1. Standard rate for workers aged 21 or over: £6.70
2. Development rate: workers aged between 18 and 20 inclusive: £5.30
3. Young workers rate:

Employers routinely have to be live to changes to employment laws and practices to ensure that they operate within the scope of employment legislation. However, alongside these types of changes, employers should be aware of cultural changes which might have an impact on their place of work. One such cultural change which is becoming an issue for some is the rise in the use of legal highs. Following the release of Acas guidance on this subject, we look at this issue in more detail and

As we approach the end of 2015, it is a good time for employers to think about what HR issues they want to address and get prepared for the individual challenges that the oncoming festive period offers up. Here are our top things for an end of year checklist:

1. Do you need new staff? Now is a good time to think about your organisational needs and decide whether or not you will be looking to recruit new employees in the New Year. It is important

Following on from our previous blog, the second instalment in our disciplinary series looks at the disciplinary hearing.

If, after a reasonable investigation, the employer takes the decision to proceed to a disciplinary hearing, the employee should be notified in writing of this. The notification should contain information about the time and venue of the formal meeting and advise the employee of their right to be accompanied. The letter is likely to state who will conduct the disciplinary hearing, and it should not be carried