UK Employment Law
Advice and Guidance for UK Employers
Employment Law Updates 2024
This is our detailed guide on UK employment law updates due that will go live in 2024. The guide provides an overview of the changes and then detailed guidance on each of the changes and how these can effect businesses and employees.
News and Articles on UK Employment Law
As an employer in the UK, here’s information you need to know regarding employment law
Legal Duties of Employers to Prevent Sexual Harassment in the Workplace
Businesses have a statutory duty to take action to prevent sexual harassment. Employers are legally required to take reasonable steps to reduce the chance of sexual harassment happening in the workplace. Our post provides insights into organisations moving from dealing with complaints to taking action in prevention.
6 Possible Disciplinary Hearing Outcomes
Navigating the outcomes of disciplinary hearings can be challenging and it is important for managers to decide on the outcomes which are fair and reasonable. In this blog, we walk you through the various possible outcomes of disciplinary hearings.
TUPE Transfers: Answers to TUPE FAQ
TUPE has been in place in the UK since 1981 and yet remains one of the most complicated and frustrating piece of employment legislation. Nonetheless, it’s here to stay for now so we thought it would be prudent to answer the most FAQs we receive on TUPE.
Setting up a Competitor using Stolen Business Contacts
This post runs through some recent case law which provides insights into employees attempting to steal business contacts to set up a rival business. It then provides guidance on how to protect your business from the same situation.
Company Liability at Corporate Events
Company liability at corporate events has come up for our clients on a number of occasions, and there has been an interesting case ruling that we think people should be aware of. In this post, we’ll review the case ruling and what employers can do to minimise risks.
How Soon After Redundancy Can I Rehire?
You’ve made some redundancies in line with the needs of your business. However, things change and sometimes new recruits are needed again shortly after a redundancy process. So now what? This post provides guidance for employers and managers into what you should and should not do regarding rehiring after redundancy.
Covert Surveillance: Can You Record Your Employees and Can They Record You?
The question arises frequently as to whether evidence gathered this way is admissible in an employment tribunal case and also whether undertaking covert recording is a criminal act. As with many things in employment law, there is no definitive answer to these questions, however we can provide some guidance.
When Does TUPE Apply?
An overview of what TUPE is, when it generally applies and what the basic responsibilities are for the employers involved.
How Big a Threat Are Claims of Constructive Dismissal?
One employee issue our clients often worry about is having an employee resign and claim constructive dismissal based on dissatisfaction with some element of their employment or how they have been managed. This post provides insights so that you can understand the types of situations where these claims could be a risk to your business.
What Do You Do When Employee Use of Social Media Turns Nasty?
There are some forms of social media use, however, that step over the line to become harassment and bullying (both direct and anonymous) which are potentially damaging to your employees and puts your company’s good reputation at risk. What can and should you do when things turn nasty?
Reasonable Steps to Prevent Sexual Harassment
This post covers the upcoming legislation introducing the requirement to take reasonable steps prevent sexual harassment in the workplace. It includes guidance on the activities employers need to undertake to be ready for the change in law.
Predictable Working
This post covers the upcoming legislation introducing the provision of more predictable working for casual workers or those on zero-hours contracts, including what employers will need to do to adhere to the changes.
TUPE – Small Scale Transfers
Changes to TUPE consultation requirements come into effect from 1st July 2024. This post provides details of the changes and what employers need to do to manage the changes.
Redundancy and Family Leave Legislation for 2024
Changes regarding the rules for handling those on family leave during a redundancy process from 6th April 2024. The changes focus around prioritisation of offering suitable alternative roles.
Carer’s Leave
Carer’s Leave is new legislation which is effective from April 2024. This post provides insight into the legislation details and areas for employers to consider to implement the policy and working practices.
Changes to Flexible Working Requests in April 2024
Changes to flexible working requests are coming into effect from April 2024. The legislation includes changes to employee rights for flexible working requests and the processes that employers need to follow.
National Minimum Wage and National Living Wage rates
Changes regarding the rules of who receives National Living Wage and National Minimum Wage, the new rates and guidance on preparation for them coming into effect (from 1st April 2024)
Changes to Holiday in 2024
There are a few changes to holiday pay calculations being introduced in 2024. In January, there’s confirmation of holiday entitlements and changes to holiday carry-over; in April, there’s changes to rolled-up holiday and holiday accrual for workers on irregular or part-year hours. This post provides details on all of these and what actions employers need…
Changes to Working Time Regulations in January 2024
Working Time Regulations changed on 1 January 2024 to end the changes brought in to help manage the impact of coronavirus. This post provides insight into the changes and actions that employers need to take.
Employee Issues: When the Grievance Can’t be Solved
Grievances don’t always lead to the result that the employee desires. As such, it is important that you take the right steps after the grievance if it can’t be solved, including in cases of an employee’s resignation. This post gives an overview of what some of this steps may be.
A Need to Review Contract Restrictions
In this post we will look at an employment tribunal case that highlights the need to review the restrictive covenants in the employee’s contract, particularly when they are promoted.
What Should Employers Do If an Employment Tribunal Claim Arrives?
At some point it’s possible that an Employment Tribunal claim will land on your desk. It could be something that you’ve been expecting; alternatively, it could catch you completely off guard. Either way, it’s useful to know what you as an employer need to do if you find yourself in this situation.
Bring your Own Device: Protecting Business Data Held on Employee-owned Devices
Two thirds of employees use their phone for work purposes. In this post, we look at the business implications of using employee-owned devices and how a business can protect itself.
How to Conduct a Disciplinary Hearing
This post provides the steps on how to conduct a disciplinary hearing and what needs to be considered. The guidance assumes that any necessary investigations have been undertaken and that there is a disciplinary case to answer.
Changes to Flexible Working Request Legislation
Changes are coming to the legislation around flexible working requests. In this blog post we’ll set out what the changes are and what you need to be doing.
Gender Pay Gap Reporting
In the UK, there is a requirement for certain businesses to submit data on employee pay to the government as part of gender pay gap reporting. In this post we’ll explore what is meant by the term “gender pay gap”, which companies need to complete gender pay gap reporting, and how you go about doing…
When Should You Suspend an Employee?
Suspending an employee used to be the first action when an employee may have committed an act of gross misconduct. It was also very normal for employees to be suspended during redundancy processes. This post looks at the current law on suspension and when you should and should not suspend an employee.
How Do You Calculate Holiday for Workers on Irregular Hours?
Working out holiday entitlement may seem like an easy task and, if you have only full-time, permanent employees, it is! However, what about calculating holiday for people on zero-hour contracts, those who work irregular hours, or those who work only in term-time? The method used previously is now not applicable in every scenario, so we…
Veganuary – A Fad or a Protected Characteristic?
With veganism estimated to have had a 360% rise in the UK during the past decade, and with many more people becoming vegans in the future, we have to consider whether veganism should have a protected status in the workplace.
Does My Employee Have the Right to Be Accompanied at a Probation Review?
When the probation period is failed, there is the question as to whether an employee has a right to be accompanied at the meeting in which they are told that they are being dismissed. The purpose of this post is to help employers understand where they stand and whether the right to be accompanied should…
Employer Guidance for Visa Sponsorship
Over the last few years, we have seen a sharp increase from businesses who are looking to offer a visa sponsorship to workers who do not have the right to work in the UK. In this post, we’ll outline some of the key areas that you should be aware of if this is something that…
Changes to the ‘Right to Work’ Check Process
On 1st October 2022, the way in which companies check right to work documents changed. This article summarises the new rules, and provides reminders for conducting right to work checks and the penalties you can face for employing individuals who do not have the right to work in the UK.
The Right to Appeal – What Does It Mean and When Does It Apply?
Employees have a right to appeal decisions relating to certain HR processes and in this blog post we look at this right in more detail so that you can understand when it applies and how you should deal with appeals.
Management Discretion: Consistency in Applying HR Policies
Many of our clients have policies in place which set out clearly what their position is and yet they all tend to contain the phrase “Any variation from this policy is entirely at management discretion”. Clients have found themselves being accused of discrimination because they have treated individuals differently, so is it really possible to…
Are Employees Entitled to Take the Extra Public Holiday in 2022?
An extra public holiday has been announced for 3rd June 2022 to celebrate the Queen’s Platinum Jubilee. For many employers, they will simply give everyone an additional paid day off but is this something that employers have to do or it is something over which you have a choice?
How Do You Calculate Employee Holiday Correctly?
Holiday calculations can often be confusing, for example, if someone joins or leaves a company part-way through a year, or what happens with holiday when on maternity leave. This blog post answers the questions we receive most frequently on how to calculate employee holiday.
Changing terms and conditions of employment – can it be done?
Changing terms and conditions of employment can be difficult. We’ve recently had a number of our clients ask whether they can change their employees’ terms and conditions of employment, particularly following a TUPE transfer. A simple answer is yes you can, but you need to follow a diligent process and be aware of potential pitfalls.
Tips on Managing Summertime Employee Absenteeism
At this time of year employee absenteeism can be on the rise. It’s not the coughs and colds that lead to the “I’m too ill to work” telephone calls, it tends to be more related to sunburn and Pimms! Obviously, it can be very difficult to prove that someone isn’t genuinely ill but there are…
Can Gagging Orders be Enforced?
Typically, gagging orders are included in settlement agreements for legitimate reasons but they have been used to cover up matters that organisations would prefer others to not find out about. This post provides insights into what you can do when it comes to gagging orders and what to avoid.
Can and Should You Always Dismiss an Employee for Gross Misconduct?
Many employers have a list of behaviours in their employee disciplinary policy that constitute gross misconduct. If an employee commits one of these ‘crimes’ then the outcome is clear, right? Well, not necessarily. This post sets out the process and considerations that you need to make before dismissing an employee on the grounds of gross…
The Right to Request Flexible Working
Any employee who has more than 26 weeks’ service has a legal right to request flexible working which covers not just the hours that they work, but also where they work from. This post gives insight into the rules and what you, as an employer, should do when you receive a flexible working request.
HR Implications of Brexit and Employment Law Changes in 2021
Were it not for COVID-19, Brexit is a subject that would have received far more press coverage across 2020 but there have simply been other more pressing matters to deal with. However, there’s no getting away from the fact that Brexit is happening and it’s essential that business owners and managers know the changes and…
IR35 Changes Postponed April 2021: Changes to Legislation Deferred due to Coronavirus Challenges
On 17 March, 2020, the government announced the postponement of the changes to IR35 legislation until April 2021. This is in reaction to the more immediate concerns regarding businesses management of the impact of the coronavirus well-being measures on their business and the wider economy.
Sponsoring EU Nationals: Important changes to the Immigration Points Based System for 2021
The new Points Based System is not as complicated as feared, however, it is important for businesses which sponsor and employ EU nationals to be aware of the key areas of this new legislation in regards to sponsoring EU nationals and what it means for individual companies.
Good Work Plan: Important Legislation Changes for April 2020
The Good Work Plan includes recommendations from the Taylor report (Jul-17) which are being incorporated into UK employment law, including three significant employment contract and policy changes that are set to come into force.
How do the Changes to IR35 Impact SME Businesses?
If you don’t work with contractors or freelancers then this blog post isn’t really for you. If you do, then you should keep reading as there are changes coming that could have a big impact on your workforce and which place additional responsibilities on you as a company.
Death in Service: What To Do When an Employee Dies
Dealing with a death of an employee can be a tragic and challenging time. Fortunately, it is unlikely to happen that often so you shouldn’t have to deal with it regularly. It’s never a nice time and your focus is likely to be on many things, so here are a few steps that can help…
Parental Bereavement Leave and Pay Regulations (also known as “Jack’s Law”)
Insights into the Parental Bereavement Leave and Pay Regulations, known as Jack’s Law, will provide a statutory right to a minimum of 2 weeks’ leave for all employed parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy.
How Can Employers Avoid Age Discrimination?
Age discrimination legislation has been around since 2006. Despite this, some workplaces still seem to be catching up with the idea that inappropriate references to age in the workplace can land them in the same kind of legal nightmare as inappropriate references to gender or race.
What are the Rules around Continuous Service and Redundancy?
There’s nothing like a possible redundancy process to make people pay attention to their length of service. For the first time since they signed their employment contract, people will be looking for confirmation of when their service started so that they can check their redundancy calculations. It is at this stage that we often find…
Employment Contracts:
Are Yours Up-to-date?Now we know employment contracts are not the most exciting of topics but they can become exciting when you want to rely on them to protect your business! Employment law and employment law interpretation change constantly but when was the last time you updated your contract?
Insights into Family Leave Pay
Shared Parental Leave, Maternity Leave, Paternity Leave, Parental Leave are all types of Family Leave that are available to working parents. They are complex pieces of legislation that have left many employers unclear as to what the rules are around pay and in particular, where do men and women need to be treated the same.
What Are the Rules on Giving Employees Notice?
The requirement for notice to be given is understood by everyone however, whilst this might seem like a rather straight forward process, there are circumstances that make experienced managers hesitant. In this blog we clarify how notice provisions should apply.
What Happens to Annual Leave if Employees are Poorly on Bank Holidays?
We know that this is now our third blog post in fairly quick succession on holidays but it’s a topic that we get a lot of questions about. This post covers quite a specific area of holiday leave, providing insights into managing an employee’s sick leave when public and bank holidays are included in their…
Is Vaping at Work Allowed or Not?
Whilst the smoking ban is quite straightforward, the concept of e-cigarettes or ‘vaping’ is still causing confusion with employers. Whilst not entirely risk-free, vaping is considered to be around 95% safer than normal smoking so should vaping at work be allowed?
How to Avoid Issues with Contractual Holiday
This post looks at contractual holiday entitlements and contract wording. Your employment contract will have a clause that deals with the holidays and it will usually be pretty brief and will cover all the basics. Whilst the contractual holiday clause is rather short, the actual wording will be important.
The Right to be Accompanied; When Does it Apply?
We’ve had a lot of cases recently when questions have arisen regarding an employee’s right to be accompanied at various meetings. Given that it’s something that has come up quite frequently we thought we’d take this opportunity to provide you with some more information on this right and how it works.
Post Termination Restrictions:
What You Can and Can’t DoWhen a key employee leaves your organisation, one of your concerns may be whether they are about to steal your clients and intellectual property. It is common practice to include post-termination restrictions within your employment contract to limit this. Our post covers what you should consider to ensure the covenants are enforceable.
Covert Surveillance:
Can You Record your Employees?Recording employees without their knowledge can present human rights issues and we would never suggest that this is something a business does routinely. However, a recent Employment Appeal Tribunal (EAT) hearing has seen case law tested in this area. The case looked at whether employers could undertake covert surveillance in order to prove fraud.
Covert Recordings: An Important Update on their Use in Employment Tribunals
The area of whether or not covert recordings can be used as evidence in employment tribunals has always been fairly complicated but there have been important developments that mean employers need to exercise additional caution.
How to Calculate Holiday Pay
In late 2014, the Employment Appeals Tribunal (EAT) handed down a long-awaited decision regarding how businesses should be calculating holiday pay. This article provides a summary of the ruling and how it may impact your business and employment contracts.
Use Your Employment Contract to Protect Your Business
This week we thought it would be worth sharing a cautionary tale with you regarding the impact a lack of an employment contract can have.
Who Owns Your Business Contacts held on Social Media?
As a business owner, your contacts database is likely to be something that you guard closely. What about those contacts who are gathered through employee networking and stored on privately owned social media accounts? How do you prevent them disappearing out of the door at the same time as the employee leaves?
Tips on Managing Long-Term Employee Absence
Managing long-term employee absence can present a real challenge to all businesses but particularly to small and medium sized companies. Whilst the financial burden of long-term absence can be managed through insurance schemes and statutory sick pay, the practical issue of “who performs this work?” presents a far larger challenge.
What’s More Important:
The Contract or The Reality?There have been two cases in recent months which have reinforced the need to ensure that your employment contract reflects the reality of the working relationship you have with your employees. We provide insight into these cases then guidance on employment contracts.
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