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What do we mean by difficult conversations? Addressing poor performance or conduct Investigating complaints or grievances Personal problems – something going on at home affecting work Personality clashes Dealing with delicate situations e.g.,...
With Autumn drawing in it is a good time to review your getting to work and adverse weather policies. What are the key points when employees are unable to get to work, whether this is due to tube strikes, flooding, air travel disruption or snow? There is...
Acas have recently provided updated guidance on sickness absence. The updated guidance includes new sections on recording and reducing sickness absence and absence trigger points as well as advice on absence policies , unauthorised absence , sick pay...
With the BBC coming under scrutiny recently due to not naming the TV presenter suspended for potential misconduct, many are wondering what action is suitable for an organisation to take during an investigation and how disciplinary allegations should be dealt...
With the current cost of living crisis, it is increasingly common for employees to have a second income source in addition to their main job. Research conducted in August 2022 by the pensions company Royal London found that one in six staff had taken a...
In the case of Higgs v Farmor's School and another [2023] , the Employment Appeal Tribunal (EAT) allowed an appeal against an employment tribunal's decision that a Christian employee was not directly discriminated against or harassed because of...
In the case of Greasley-Adams v Royal Mail Group Ltd [2023] , the Employment Appeal Tribunal (EAT) upheld an employment tribunal decision dismissing a claim of harassment by an employee who during the course of an investigation into allegations that he...
In the case of Owen v Willow Tower OPCO 1 Ltd [2023] , an employment tribunal has found that a claimant's alleged belief in ethical veganism was not genuinely held and therefore was not a protected belief under section 10 of the Equality Act 2010....
With the rise of remote work opportunities and the desire for more flexible lifestyles, many UK employees are considering the possibility of working remotely from another country, particularly during the summer months. However, before embarking on such an...
As someone who works in the United Kingdom, understanding your employment status is essential, as it determines your legal rights, tax obligations, and benefits. In the UK, there are three primary categories of employment status: employed,...
In the matter of Alcedo Orange Ltd v Ferridge-Gunn [2023], the Employment Appeal Tribunal (EAT) has held that an employment tribunal was wrong in finding that a pregnant employee's dismissal was discriminatory when it had not made clear findings as...
The forthcoming legislation is as follows: Neonatal Care (Leave and Pay) Act 2023, which will enable eligible employed parents whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave. This is in addition to other leave...
Employment Tribunal was held to have erred in law by focussing on the impact of termination of employment when deciding whether the Claimant was disabled In the case of Morris v Lauren Richards Ltd [2023] , the Employment Appeal Tribunal (EAT) allowed an...
A settlement agreement is a contract between an employer and employee which brings the employment to an end on a no-fault basis. By signing the agreement, which used to be known as a compromise agreement, the employee agrees to waive their statutory...
In June 2022 the Government published The Renters’ (Reform) Bill which contains new measures introduced to the private rental sector which includes abolishing "no-fault" evictions in England, allowing landlords to take back possession from...
Bullying has been hitting the headlines in recent weeks with Dominic Raab forced to resign as deputy prime minister and justice secretary, and CBI boss Tony Danker pushed out for behaviour that left staff feeling intimidated. These cases...
Employment Tribunal finds that employee’s symptoms of long Covid constituted a disability despite his ability to be able to run substantial distances, attend the gym regularly and establish a separate side business At a preliminary hearing, the...
In Chell v Tarmac Cement and Lime Ltd [2022] , the Claimant was employed by Roltec Engineering Ltd (Roltec) as a site fitter. He worked at a site that was operated and controlled by Tarmac Cement and Lime Ltd (Tarmac) therefore providing services for the...
Social media cases in the Employment Tribunal have involved everything from employees posting derogatory comments about their employer, sharing offensive content, cyber bullying and everything in between. Here Laura Claridge from Clarkson Wright & Jakes...
As part of a ‘fair’ redundancy process, employers are required to consider whether there are any alternatives to redundancy. Avoiding compulsory redundancies also avoids the loss of talent and the negative effect on morale that redundancies...
Employment Tribunal’s decision that a Director/Shareholder of a small family business was not a worker or employee pursuant to s.230 of the Employment Rights Act 1996 is upheld upon appeal In Rainford v Dorset Aquatics Limited , the Claimant and...
Following the recent chilly weather, Laura Claridge looks at some common weather and work questions. Is there a minimum working temperature? Government guidance suggests a minimum temperature of 16°C or 13°C if employees are doing physical...
On 9 November, the Government announced that from April 2022 all NHS staff will be required to provide evidence that they are fully vaccinated against COVID-19. Currently the flu jab is not mandatory but this will be kept under review ahead of next...
In order to provide GPs with more time to work on the Coronavirus (Covid-19) booster programme, for Statutory Sick Pay (SSP) purposes, where employees go off sick on or after 10 December 2021 until 26 January 2022, employers can only ask employees for proof...
With the current tropical conditions, Laura Claridge looks at some common weather and work questions. Is there a maximum operating temperature? In short, no. During working hours, the temperature in indoor workplaces must be reasonable. To...
Following the tribunal case last year which confirmed that ethical veganism can be a protected belief, comes another high profile case on the subject. This time, looking at whether “gender-critical beliefs” are capable of amounting to a...
Fire and Rehire has been in the spotlight recently with high-profile cases like British Gas where staff were dismissed and re-engaged on new terms with longer hours and lower pay. The TUC has claimed that one in 10 workers have been threatened with...
According to NHS guidance on COVID recovery, many will feel better within a few days or weeks and most within twelve weeks. For some, symptoms will last longer, including fatigue, shortness of breath, chest tightness, ‘brain fog,’ insomnia,...
It remains to be seen whether the government will stick to its roadmap for the complete reopening of society on 21 June and when the work from home guidance will be lifted. Many staff have been working from home for well over a year now. ...
Following the relaxation of the rules on foreign travel after 17 May 2021 and the introduction of the traffic light regime, we look at some of the issues that may arise at work. Current Government advice, (even after 17 May) is that people should not be...
IMPORTANT UPDATE: As many workplaces remained closed and in person checks would pose difficulties for many from 17 th May 2021, the Home Office has agreed to put the date back to the 21 st June 2021. In March 2020, the Government announced that...
Recent Office for National Statistics research found that one in five UK adults had experienced some form of depression in early 2021. Many will find it hard to adjust back into the workplace, and the toll of the pandemic on mental health is likely to...
Flexible working According to the BBC, 43 out of 50 of the UK’s biggest employers do not plan to bring staff back to the office full time after restrictions ease, with hybrid working – part of the week in the office and part of...
Employment Law Facts and Figures Guide 2021 - click here to download IR35: the changes to off-payroll rules in the private sector postponed in April 2020, are now in force. This shifts responsibility for assessing employment status and...
Just over a year ago, employers and employees were thrust into homeworking with the Government direction to stay home and work from home where possible. For those employers who had already embraced remote working the transition was no doubt less bumpy but...
As part of our series of articles and podcasts on the transition of employees back to the workplace, we look at an increasing number of issues facing employers and HR teams as the vaccination programme roll out continues and lockdown restrictions begin to...
In the first of CWJ's bite-sized podcasts, Chris Moore, HR Director at CWJ speaks to Judith Curran, Partner and Head of Employment at CWJ on the various issues that employers are considering over the coming months on bringing their employees back to the workplace.
Take a listen to our podcast where the CWJ team discuss for 15 minutes, one of the big issues faced by UK employers. ...
With Government advice to “work from home if you can” continuing to apply until at least 21 June, HR teams are having to continue to look at new ways of working. While workplaces continue to be disrupted, with many working from home or on...
Many businesses under extreme financial pressure as a result of the ‘lockdowns’ and restrictions imposed by the government have turned to their business interruption insurance policies for financial assistance. The decision by the Supreme Court...
A complex court case over conflicting dispute resolution provisions has highlighted a simple, but vital, lesson on the importance of corporate reporting requirements for all UK registered companies, as the pandemic sees offices unattended or subject to...
The Chancellor, Rishi Sunak, has announced the furlough scheme will be extended until the end of April 2021. The eligibility criteria for the UK-wide Coronavirus Job Retention Scheme (CJRS) will remain unchanged. Additional key points on the extended...
With effect from the end of the transition period following the UK’s departure from the European Union, unless the EU decides that the UK can be treated as an equivalent state for the purposes of data protection law, the UK will become a “third...
Just when we all thought that furlough was definitely going to end, we’re faced with a second national lockdown and the Chancellor announces an extension to furlough until the 31st March 2021. Key points on the extended furlough scheme are: ...
When the transition period ends and the UK’s exit from the European Union is complete, businesses with customers in Europe will need to exercise care to keep on the right side of data protection legislation. Under the European...
Company and insolvency legislation and practice has changed in the past six months in a number of areas as a result of the Covid-19 pandemic and its effects. This is not least due to the introduction of the Coronavirus Act 2020 and the Corporate Insolvency...
It is clear that the disruption caused by Covid-19 is far from over, but as the economy is unlocked, what does the future look like for business? Ben Madden, Head of Corporate and Commercial takes a look at how the Government’s support measures have...
I have written previously about the likely coming into force of the Corporate Insolvency & Governance Bill (CIGB), including the impact on winding up petitions brought during the COVID-19 lockdown period. [Read article] Although the CIGB...
Many companies have entered administration in response to the COVID-19 crisis but have retained furloughed employees in the hope that they will emerge from lockdown to a brighter future. In a case which will have major consequences for vast numbers of such...
Companies are having to consider how they hold meetings in order to make valid decisions while Covid-19 affects day to day activity and the regulations and measures which the Government has introduced in response to the situation. All types of...
With businesses up and down the country having been severely affected by the Covid-19 lockdown measures, the UK Government has announced and implemented a number of relief measures to help keep businesses afloat and to mitigate the effects of the impending...
The coronavirus pandemic and the resultant policy consequences are unprecedented. The UK Government has ordered the closure of much of the economy: transport, travel, retail and entertainment have been particularly hit and other sectors which continue...
Businesses processing personal data need to keep protection of customer and employee data at the front of continuity planning as they tackle the coronavirus threat. Staff are likely to be working remotely or in different circumstances which could make...
