Interesting question from a client the other day – what if we simply gave up asking for references on new hires? Just stopped it altogether and so saved all the HR time and delay and cost implicit in the reference-checking process? Instinctively your response is not to be so daft, everyone always seeks references so … Continue Reading
In line with the impending movement back to the physical workplace comes some updated Acas guidance around consultation with your workforce about preventing the Coronavirus in the process. The line between communication and consultation in the guidance is not always clearly marked, but that should not be an issue in view of Acas’s injunction that … Continue Reading
Here are two more questions from our webinar a week or so ago in relation to the process of bringing employees back to the workplace. They echo a number of others in suggesting that employers anticipate a high level of resistance to a return to the office, at least in the short term, and are … Continue Reading
It’s not natural for our freedoms and permissions to be limited in the way they have been since last March, so whatever one’s own views, it is hardly surprising that some have found those restrictions hard to swallow and have railed against COVID-19 related rules, state imposed or otherwise. The requirement to wear masks in … Continue Reading
It was what seems an eternity ago in July 2018 that the Court of Appeal handed down its judgment in the combined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). A link to our blog post at that time is here. Readers will … Continue Reading
Here are answers to two more of the questions which came up at our webinar last week, this time dealing with employee resistance to workplace Covid testing and the wisdom or otherwise of agreeing to post-lockdown WFH without formal changes to terms of employment. If an employee refuses to be tested at work, how should … Continue Reading
As we saw the covid graphs get steeper each day of last week, it is no real surprise that the Belgian government has now announced a new “Easter lockdown” for the next four weeks. Schools will close as of this Friday for an extended Easter break, that increasingly imperative haircut will have to wait another … Continue Reading
Here are a couple more answers to questions coming up at our webinar last week: Do we still need to comply with collective consultation where we are not dismissing, only making contractual changes? Our policy currently removes COVID-related absences from our Bradford factor sickness calculations – should we do the same for adverse reactions to … Continue Reading
As the law currently stands, sections 44 and 100 Employment Rights Act 1996 protect employees against detriment (e.g. disciplinary action or suspension of pay) and dismissal as a result of their taking steps to protect themselves or others in certain health and safety situations, including where “in circumstances of danger which the employee reasonably believed … Continue Reading
Over 700 sign-ups for our Future of the Workplace webinar yesterday show much continuing uncertainty on the part of employers as to just what happens next in practical HR terms as the lock-down staggers to a scheduled end in June. As usual lots of questions were received through the chat facility, so we have combined … Continue Reading
King –v- Sash Window Workshop Company was a particularly difficult European Court of Justice case for businesses in the gig economy. It suggested that where a worker was not provided with an adequate facility to take the paid leave to which he was entitled by that status under the Working Time Regulations (in particular, because … Continue Reading
ISS Facility Services – v – Govaerts was a European Court of Justice case in March 2020 concerning what happened where the work being done by a group of employees was split up and all sold or contracted off in different directions. Traditionally the UK view has been that the employee would go with whichever … Continue Reading
Look, it’s certainly not for me to criticise efforts being made by HM’s Courts and Tribunals Service to explore and improve how justice is best delivered during the pandemic and beyond. So the recent arrival in my inbox of a survey on the point being conducted by an independent external organisation IFF on behalf of … Continue Reading
As attention turns increasingly to the practicalities of the physical return to the workplace in what may be little over 3 months, questions of employers’ rights and obligations in relation to testing and vaccination are becoming more common. These are vexed areas which can easily put common interest into conflict with civil liberties. Just how … Continue Reading
Just a quick update for any employer currently preparing its gender pay gap report for 2020/21. As you may have seen, the Equality and Human Rights Commission has confirmed that “due to the continued effects of the COVID-19 pandemic, enforcement action against employers failing to report their gender pay gap will start on 5 October … Continue Reading
Mr Page was a magistrate of strong Christian conviction. After many years’ blameless services in that role he began to hear family cases and in 2014 he presided over an adoption application by a same-sex couple. All the other factors pointed in favour, but Page refused to sign off on it on the grounds of … Continue Reading
Here are two more answers to questions raised at our “Employment Law in 2021 and Beyond” webinar last week. Answers to the immigration-related questions are on their way. If you make representations to the non-compete consultation, will your name be published? When might we see an outcome from that consultation? Do we know when the … Continue Reading
Thank you to all those who signed up for our “Employment Law in 2021 and Beyond” webinar on 23rd February. Over 400 people dialled in for the session, so our profuse apologies but maybe little wonder that we did not get to answer all the questions raised. As promised, here are a couple of the … Continue Reading
So there it is, Boris’s long-heralded 4 Step plan for the country to move forward into our new future. Lots of statistics, cautions and caveats, but what does the 60-page “COVID-19 Response – Spring 2021” document presented to Parliament yesterday contain for employers? Is there anything new or is it, like the paper the original … Continue Reading
As a rule, an employer will be liable for the discriminatory acts of its employees towards each other unless it has taken all reasonable steps to prevent them doing that sort of thing (section 109(4) Equality Act, often known as the “statutory defence”). Allay (UK) Limited –v- Gehlen is one of really not very many … Continue Reading
Today’s word is “Avizandum”, which the internet tells me is the name of the King of the Dragons, mate of Zubeia and father Azymondias, respected by all the elves as the most powerful creature in the whole of Xadia. Clearly. Whether the elves would have taken the same view if aware that the King of the … Continue Reading
In order to ensure that as many people as possible are vaccinated, the trade unions and the employers’ organisations in the National Labour Council have agreed that employees will be allowed to take the necessary time off to be vaccinated. If enough vaccines are available, at-risk patients will be vaccinated from April onwards and the … Continue Reading
We already had a legal framework for recurrent home working and a separate one for “occasional” home working, but up until now there was no clear guidance on the mandatory home working imposed by the Belgian government as a measure to combat the pandemic. Clarity at last, however, as the National Labour Council voted through … Continue Reading
The Employment Appeal Tribunal has recently handed down a judgment which serves as a useful reminder for employers of the risks of taking disciplinary action against union representatives for behaviour which may look like misconduct but which actually constitutes union activity. By way of background, section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) … Continue Reading
