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People at the Centre: hard decisions in hard times but some thoughts and reassurance for HR (UK)

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

Post-lockdown flexible working, Part 5 – handling requests sooner or later (UK)

Here is another question which came up more than once at last week’s webinar on Managing Working Parents but which I was unable to get to at the time. If you receive a flexible working application now, can you “park” it until things settle down and you have a clearer picture of what your post-pandemic … Continue Reading

New Direction and guidance on job retention bonus rules (UK)

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

Spain’s new decree on remote working

A new decree (Royal Decree-law 28/2020) was passed on 22 September to regulate remote working in Spain. As for many countries worldwide, Spain has recently seen a marked increase in the number of employees working from home as part of its bid to decrease physical contact between individuals and curb the COVID-19 pandemic. Prior to … Continue Reading

The joy of six – but cold comfort for UK employers in latest pandemic measures

So what price now,  your long-planned initiative for returning your workforce to the office?  How much of your RTO plan is still standing among the smoking wreckage of the Government’s message only two months ago that employees should “start to go back to work now” if they can?  What does Michael Gove mean by the … Continue Reading

All zeros and ones – EAT sums up burden of proof for disciplinary decisions (UK)

Back in March we posted here a piece about dismissing to protect the employer’s corporate reputation. In that case the employer made a very difficult choice between the claimed (ultimately, actual) innocence of the employee and the harm which continuing to employ him might do if he turned out to be guilty. On the facts, … Continue Reading

“Go back to work or risk losing your job” – fact and fiction in the return to the workplace (UK)

Friday’s headline in The Telegraph above heralds the launch of a new Government campaign to encourage those currently working from home back into their physical offices.  A series of noticeably unnamed Government Ministers and “sources” told the paper that “bosses at struggling firms will find it easier to hand out P45s to people they never … Continue Reading

Procedure-free dismissal found fair – don’t try this at home (UK)

“Loss of trust and confidence” is often pleaded as a basis for a fair dismissal, but rarely successfully.  Employment Tribunals are astute to employers using it as a short cut to address performance or conduct issues without going through a proper procedure.  After all, a dismissal without a fair procedure is going to be unfair … Continue Reading

New “week’s pay” regulations get an A for aspiration, E for execution (UK)

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

Post-lockdown working, Part 5 – doing your homework (UK)

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

Post-lockdown working, Part 4 – whistleblowing for beginners (UK)

On top of the flexible working rules (see Parts 1-3), another piece of existing law likely to get a pandemic-related dusting-off in the months to come is our old friend whistleblowing. If you face what is otherwise a fairly clear redundancy situation because Covid-19 has gutted your employer’s market, what better way of upping the … Continue Reading

Post-lockdown flexible working, Part 3 — the big questions (UK)

If we are right to think that the unravelling of lockdown will be accompanied by a sharp increase in the number of employees requesting to work from home, then many employers will shortly start to face some serious posers in relation to the flexible working scheme. These are not new questions, but will be thrown into … Continue Reading

Post-lockdown flexible working, Part 2 – making it official (UK)

By now, many employees working from home in the lockdown will have made quite firm decisions around how they wish to operate going forward.  Some will have decided that there is nothing in their lives quite like their family and, for that reason, that they wish to extend their WFH indefinitely.  Others, on probably very … Continue Reading

Post-lockdown flexible working, Part 1 – can you still say no? (UK)

The world of work has remained broadly the same for the last 100 to 200 years – offices might have lost the wood panelling, trains become less smoky (inside and out!), top hats turned into bowler hats then no hats, beards have gone in, out, then back into fashion,  but the central tenet remains – … Continue Reading
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