So here we are all again and, says the Government’s latest guidance, able to leave home to work only where it is “unreasonable for you to do your job from home“. This is the umpteenth permutation of the same underlying message about working from home if you can, and was almost certainly meant to say … Continue Reading
All the smart money is on 2021 to see an increased number of grievances and Employment Tribunal claims as the pandemic support regime winds down. Therefore this is probably a good moment to look at the practical lessons to be taken from Cole – v – Elders Voice in the Employment Appeal Tribunal last month … Continue Reading
Boris’ press conference on Saturday night addressed one key question and left another unanswered. In his late start, overturning of previous statements and an expression more hunted than Ronnie Biggs, the Prime Minister showed clearly that the pandemic holds the reins of power at present, not the Government. On the other hand, after six months … Continue Reading
A recent Acas survey has reported that over a third of employers (37%) are likely to make staff redundancies in the next 3 months (see here). That is a statistic which can be a surprise to no one, except possibly that it is not higher. Often in redundancy situations, the majority of the “sympathy” quite … Continue Reading
Friday last week saw the issue of the fourth Treasury Direction to HMRC concerning the administration of the CJRS. TD4 deals with the CJRS job retention bonus scheme, shamefully immortalised in the drafting as the CJRS(JR)B – what would have been so hard about “the Bonus”? Five and a bit pages of circumlocution and sub-sub-sub-paragraphs … Continue Reading
Meet E. He is the poor soul at the heart of this week’s new statutory instrument concerning the rights of employees who are dismissed on or after furlough. E is anxious that if he is dismissed while on furlough or soon after he comes off it, then his reduced earnings over that period will prejudice … Continue Reading
The logical extension from the discovery that all or most or your staff can work from home without anything catastrophic happening is to ask yourself whether you actually need an office in the first place. Obviously it has potential advantages in terms of staff cohesion and corporate identity, but decisions are being made across the … Continue Reading
“I told you so” has always been one of the least attractive things that one adult can say to another, but I did and I was right, so there. This concerns the question of whether an employer can make any claim under the CJRS for sums paid to employees in respect of their notice period. … Continue Reading
On Friday last week the Chancellor issued the third and probably final Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). This is “the law” that will govern the flexible furlough arrangements from 1 July. As with the two previous Treasury Directions, this one is horribly complicated to navigate – to the point … Continue Reading
There are four main moving parts to bringing people back to work, only two of which were mentioned by the Prime Minister in his speech last night. He made clear very properly the continued focus on health (particularly the R factor – the rate at which one person with the virus is likely to infect … Continue Reading
In a previous blog, in a world before the coronavirus hit Europe, we noted the social elections that Belgian employers have to organise in 2020 [here] for the appointment of employee representatives to the Works Council and Health & Safety Committee. Being a representative of that sort (and also being a candidate for that role) … Continue Reading
A well-known term of the CJRS is that the employee shouldn’t while on furlough do any work for the employer or provide any services to it. A simple enough proposition, one might think, despite the unknown pundit whose wise words appear above, but as with much of this Scheme, once you get down into the … Continue Reading
It is very hard to criticise the conception of the Coronavirus Job Retention Scheme, but it is unfortunately becoming increasingly easy to take objection to the manner of its implementation. HMRC Chief Executive Jim Harra told the BBC last week that in the preparation of the Scheme, “time, in some senses, has been the enemy … Continue Reading
When all this is over and the UK looks back to see what we learnt from the Coronavirus crisis, maybe somewhere on the list will be a point on making law by Twitter. #askRishi on Friday evening was an extremely brave attempt on the Chancellor’s part to engage with the detailed issues arising from the … Continue Reading
As anyone who has spent the last fortnight trying to apply the Government’s CJRS knows, there is currently no actual law. Bar some guidance clearly not written by employment or HR specialists (hence indiscriminate references to workers and employees, and use of “laid-off” to mean both put on leave without pay and made redundant), pretty … Continue Reading
There is a law in Poland guaranteeing minimum pay for work. There are rules how its amount is calculated and agreed. There are also upcoming elections in October 2019 which may unexpectedly influence its amount.… Continue Reading
Redundancy. The word is enough to take the bounce out of anyone’s stride. For a business, it means undergoing a complicated process of selection, consultation, getting over all the practical hurdles that may pop up along the way and all the while somewhere at the back of your mind sits the uncomfortable prospect of a … Continue Reading
As we know, where an employee is engaged under one or a series of fixed-term contracts for a period of over 2 years, they acquire the right not to be unfairly dismissed. It is also the case that non-renewal of a fixed-term contract will count as a dismissal under the ERA 1996. An employee whose … Continue Reading
Let’s get our terms straight to start with. Redundancy selection is where you have more than one person (say, A and B) carrying out a role for which the employer’s need has diminished, and then choosing which of them to let go. Bumping is where you have chosen the employee who is notionally redundant but … Continue Reading
At the end of my post on Maternity Action’s report on unfair redundancies, I mentioned a number of the reasons why many recent mothers do not raise complaints about their perceived treatment at the hands of their employer. These included a fear of creating bad feeling with their employer or colleagues, a lack of information, … Continue Reading
Back in March 2016 I posted a piece querying the headlines over an Equalities and Human Rights Commission report on maternity and pregnancy discrimination at work. The short point was that the report did not justify the apocalyptic headlines about the treatment of women who were pregnant or on maternity leave. Looked at close up, … Continue Reading
Much has been written over the last month or so about Mental Health, and rightly so. It has now overtaken back pain as the principal cause of workplace absence in the UK. Anything which encourages an environment in which mental health issues may be more openly discussed and genuine sufferers’ sense of isolation or embarrassment … Continue Reading
As I wrote in this space last year, layoffs for economic circumstances exist under Japanese law, but are exceedingly difficult to achieve without constituting wrongful dismissal. One major international airline is learning this the hard way. Three years ago, the airline terminated three Japan-based employees in connection with the closing of its call center in … Continue Reading
I have done my best to make this case report sound interesting and I like to think that even the most casual review of it will show that I have, well, failed. However, it is still important, especially for those involved in collective redundancy or TUPE consultations. Employers may need to revisit the potential cost … Continue Reading
