In 2020, Ms Korpysa was told that because of the COVID lockdown, her workplace would be closing. She thought that meant that she was being dismissed, and asked her employer, Impact Recruitment Services Limited, for details of her contract, accrued holiday pay entitlement and (said Impact) her P45. Impact took that as meaning that she … Continue Reading
I think I speak for many in the employment law community when I say that Section 111A(4) Employment Rights Act has always been something of a disappointment. Here we have a provision which allows the protection of a protected conversation to be blown apart by improper behaviour, a term wholly undefined in the Act, and … Continue Reading
So having made a “right to disconnect” for workers a manifesto promise pre-election, the new government must now do the less glamorous work of turning a political sound-bite into actual law. Early reports are not promising – they suggest a requirement to agree a code of conduct with your workforce in relation to out-of-hours contact, … Continue Reading
Last week saw the publication of the draft Acas Code of Practice for handling requests for a “predictable working pattern”. When we previewed the draft Bill in February, we noted here Knew this would happen – entirely predictable problems with new working patterns Bill (UK) the lack of any definition of “predictable” despite the obvious … Continue Reading
Back in February I offered here some thoughts on the main practical problems implicit in what was then the Workers (Predictable Terms and Conditions) Bill. It was a mess, missing explanations of key concepts and grossly over-engineered for its objectives. That makes it all the more depressing to report that it has now received Royal … Continue Reading
So here we go again, another attempt to legislate against workplace bullying. This is not the first – back in 2001 there was a Dignity at Work bill, a fantastically inept piece of drafting crippled alike by internal processes more complicated than the wiring diagram of a battleship and the inevitable (and as it turned … Continue Reading
Employers in the hospitality, leisure and service sectors should be aware that the Employment (Allocation of Tips) Act 2023 has now completed the parliamentary process and will be coming into force at some point in 2024, most likely May. This particular piece of legislation has been a long time coming – the suggestion was … Continue Reading
So you have asked your questions and made your notes and looked at any relevant documents. You have formed the necessary views about what happened if that is the question or why it did if that is the issue instead. Now you just have to write it all down and a good job done, yes? … Continue Reading
An interesting development on the old employment relations front this week with the announcement of a new statutory code of practice concerning, well, that strictly remains to be seen. Scarcely able to stand up under the weight of politically-charged invective and hyperbole, the government’s statement refers to “clamping down” on “unscrupulous employers” which fail to … Continue Reading
One question which may come up at or before you plunge into your investigation questions is that of legal representation at the meeting for the witness. If the employee says that he wishes to bring his lawyer, do you have to agree? If not, should you agree anyway? The law on this is very clear … Continue Reading
A great deal of the available guidance on conducting workplace investigations relates to the form of your questions of the parties involved, and in particular to whether they should be open, closed, or leading. This is the difference between: “And what happened next?” – open, because the answer can go off in any direction; “Did … Continue Reading
Decades of presenting employment law training have taught me that if you ask seasoned HR audiences what they think employees usually want from a grievance, they will generally lie. “Justice“, someone will mutter uncomfortably, or “for the truth to come out”, “a better relationship with their manager” or “to correct a wrong“, all straining every … Continue Reading
If you have become weary of the several seconds it can sometimes take you to get from opening up Global Edge to reaching information on your usual country of choice, we can help you! Global Edge 2.0 allows each country what is effectively its own home page containing immediate access to helpful summaries, future legal … Continue Reading
Back in June Acas produced a report on the “fire and re-hire” practices used by some employers to make detrimental changes to employees’ terms and conditions of employment. In essence, the employee is given notice of dismissal from his old contract but offered immediate reinstatement on a new one which incorporates the changes the employer wanted … Continue Reading
Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading
Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding ground for such complaints by employees, some around new working conditions, some alleging health and safety failures and others just to vent minor unhappinesses and … 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 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 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
“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
Following on from the new Acas guidance on involvement in grievance and disciplinary meetings while on furlough comes the logical next question – where there are ongoing legal proceedings (we shall assume in the Employment Tribunal, but it could be anything), is an employee on furlough able to assist? Or will he thereby be deemed to … 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
Neatly timed to coincide with the beginning of the end of lockdown, ACAS has this week has issued some new thoughts on the conduct of disciplinary and grievance proceedings during the pandemic. Can or should you really run these things without the physical meetings referred to in generations of prior ACAS guidance? In these respects, … 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
