UK Employment Law
Advice and Guidance for UK Employers
News and Articles on UK Employment Law
As an employer in the UK, here’s information you need to know regarding employment law
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.
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 have HR policies which offer flexibility?
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?
Holiday calculations can often by 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 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.
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 some situations that can arise that need careful handling.
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.
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 misconduct.
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.
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 the implications on their business.
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.
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.
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.
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.
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.
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.
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 you along the way in dealing with the impact.
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.
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.
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.
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 the continuous service debate raises its head. So what are the rules?
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.
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?
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.
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.
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 holiday entitlement.
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?
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.
An overview of what TUPE is, when it generally applies and what the basic responsibilities are for the employers involved.
When 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.
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.
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.
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.
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.
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.
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.
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.