The World of Work by Harry Sherrard
Flexible Working – dawn of a new era?
Much has been written and discussed over the last few months about the demise of the office. Having been abruptly forced to abandon the office and to work remotely using Zoom and similar resources, employees, we are told, will want to continue working from home indefinitely.
Will employers be forced to return furlough monies if they have been used to pay employees notice pay?
An article in The Telegraph published on 4th July 2020 has led to a lot of speculation about whether employers can claim monies for notice pay under the Government Retention Scheme.
Returning to the Workplace
The Covid 19 pandemic has changed our lives in so many ways in a short space of time and, now that employees are gradually returning to the workplace, as an employment lawyer I am helping clients deal with another difficult development.
Helping out with Furlough
What a few weeks it's been! Whilst many businesses and indeed whole industries have ground to a halt or experienced significant reductions in work, the same certainly can't be said for employment lawyers.
28th April 2020 – Employment Law Update
The current pandemic is presenting an unprecedented challenge for organisations and we are continuing to post videos on our YouTube channel to guide employers on the latest updates on furlough leave and related issues. However other aspects of employment law are also changing and we have detailed some of the major updates that you need to be aware of now and over the next few months.
Employment Law Update April 2020
As you know most employment news at the moment is focused on the coronavirus pandemic but there are some other news items that you also need to be aware of. Some are as a result of coronavirus while others are scheduled changes that have gone ahead despite the current situation.
Coronavirus and the Workplace
As the world enters into a defensive fray against Coronavirus (COVID-19), employers naturally have many questions on how to keep their employees and business as safe as possible, and also what they should be paying any employees who are in isolation.
New employment contract rules – April 2020
In line with the Employment Rights Act 1996, employers have a legal obligation to provide a written statement of particulars to employees within two months of commencing employment. From 6th April 2020, organisations will be required to provide a written statement of particulars to both employees and workers from day one of their employment.
Talking Politics
Discussions about politics can be interesting and lively, but sometimes they can become disruptive in the workplace.
Can an employer be forced to take back an ex-employee?
It’s every employer’s worst fear, when faced with a claim from a disgruntled ex-employee: “Might we have to take them back?!”
Covert Recordings
Imagine you have dismissed an employee and you later discover that they have covertly recorded the internal disciplinary meetings. This is what happened in the Employment Appeal Tribunal (EAT) case of Phoenix House Limited v Stockman.
Restrictive Covenants
Restrictive covenants in employment contracts sounds like a pretty dull and turgid subject; until that is a key member of staff leaves the business and takes significant customers and/or members of staff with him.
Employee Engagement
High on most employees’ wish list is better communication from the employer. An effective way of achieving this, and which also enables effective engagement with the workforce, is to set up a staff forum.
Cyber Attacks and Data Breaches – Hope for the best, prepare for the worst
Cyber attacks and data breaches are on the rise and it’s easy to believe they’re all caused by criminal hackers out for financial gain. However, this is not always the case.
Managing absenteeism in the workplace
‘National Sickie Day’ on 4th February has just passed and serves as a reminder to employers on how best to tackle employee absence management issues.
Compulsory Reporting on Ethnicity Pay Gap?
Employers could be required to report their ethnicity pay gap statistics under new Government plans. This requirement will enable businesses to start improving equality and diversity within their own organisations.
GDPR – where are we now?
Six months after implementation, there is still a lot of misinformation and confusion about how GDPR works. In fact, I have renamed GDPR the “Great Data Protection Racket” as a result of the dodgy advice that I see circulating from supposed experts. Top of the list is the misplaced obsession which some organisations have about the issue of consent.
Modern Apprenticeships
In April 2017, the Apprenticeship Levy was introduced to ensure that there is a long-term investment in high quality apprenticeship training. Under the levy, large employers – those with the wage bill of more than £3 million per annum – pay 0.5% of their total wage bill into a training fund. It is hoped that the levy will raise £3 bn a year.
Resilience
As technology expands and many of us have work emails accessible on our mobile phones 24/7, the division between work and home life is more blurred than ever before. Whether you are thinking about a work deadline, household chores, childcare, health problems, financial worries, finding time to socialise, helping the kids with their homework, it can be hard to ‘switch off’ and the daily pressures of life can seem relentless.
Modern Slavery
Theresa May has described modern slavery as the greatest social injustice of our time. The UK is unique in legislating on this subject, with the Modern Slavery Act 2015 (MSA). Alongside this legislation, the Home Office produced a dedicated ad campaign to raise awareness of the issue.
EU nationals – what employers need to know and to do now
It's not something I say often, but our recommendation is that employers should disregard current Government advice about the employment status of EU nationals.
Going on holiday whilst off sick
Employees going on foreign holidays or visiting relatives abroad whilst on sick leave would feature in most employer's top 10 annoyance lists! It's a common phenomenon, and it can understandably irritate employers that an employee is not well enough to work, but is apparently well enough to go on holiday.
Slaying a couple of myths about GDPR
Earlier this week, using the technical miracle that is Skype, I delivered a pan-European seminar on the implications of GDPR for HR. Delegates in Italy, Germany, France and other European countries were able to listen and follow the slides, whilst I sat in our client's offices in Surrey.
The “Reasonable Steps” Defence
This month's blog is an update to the story that I covered in my last post. To recap, the daughter of a client had been subjected to significant acts of sexual harassment by a manager of her employer, a high-profile London business.
“Ensuring a harassment free workplace”
As an employer focused practice, we rarely take on cases for employees, but recently I made an exception. A former client asked me to consider taking on a case for his daughter, and when the facts were outlined to me, I agreed to do so.
Employment Tribunal Fees
As I write this on the afternoon of Thursday, 8 June 2017, whilst voting in the general election is taking place, I am reflecting on the various parties' positions on employment law developments.
“Just be reasonable”
"Reasonable" is the employment lawyer's favourite word. A reasonable investigation must precede a disciplinary sanction. Dismissal must be a sanction that is fair and reasonable in all the circumstances. And when later being assessed by an Employment Tribunal, the test applied is that dismissal must have been within the range of reasonable responses.
A Spooky Business
Industrial espionage is the process of illegally and unethically obtaining confidential information from other companies and using it to gain a competitive edge. Harry Sherrard advises on how businesses can protect their information.