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I wonder how I can optimise workforce performance with the upcoming sporting events this summer?

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As the weekend concludes and we grudgingly return to work in commiseration of the Euros, and Carlos Alcaraz raises the Wimbledon trophy for the second year in a row, other major sporting events are set to continue captivating the nation. With the Open...

How can I dismiss an employee if the working relationship has broken down?

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Dismissing an employee due to a breakdown in the working relationship is a complex process. It requires careful navigation to ensure legal compliance and fairness. This article will explore the legal grounds for dismissal, the necessary procedures, and best...

Can I search my employees' property?

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The strongest employer/employee relationships are ones that are built on trust. However, there may be instances where employers would like to be able to search their employees’ property or person. Searches must be undertaken very carefully as they can...

What does the General Election mean for employment law and what might change?

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On 22 nd May 2024, the UK’s Prime Minister, Rishi Sunak, made an announcement that a General Election would take place in July. This General Election is a significant event, poised to bring about substantial changes in various sectors, including...

Can you fire an employee for lying on their CV?

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In today’s competitive job market, a well-crafted CV is often the key to securing an interview and, ultimately, a job offer. In 2018, a CV Library survey found that 54.8% of respondents lied on their CV to appear more qualified, and 41.2% lied to gain...

How can I implement an employee dress code?

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Dress codes and uniforms can be a useful tool for employers to convey a professional image, promote the company brand, and create a safe workplace. However, dress codes can also raises issues of discrimination, employee comfort, and health and safety. This...

Can I suspend an employee who participates in industrial action?

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Employees participating in industrial action can have a significant impact upon a workplace and employers may ask what their rights are in terms of taking action against employees for this reason. This article explores the different types of industrial...

What is in the draft code on fair distribution of tips?

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The Secretary of State for the Department for Business and Trade is releasing a draft Code of Practice on Fair and Transparent Distribution of Tips (The Code) to ensure tips are distributed fairly and transparently under the Employment (Allocation of Tips)...

What can I do if I suspect an employee is malingering?

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If an employee calls in sick or is injured, they are entitled to time off in order to recover. However, there may be occasions where the employee’s sickness absence is suspicious to employers and considered “malingering”. Malingering refers...

What should I consider before implementing a commission scheme?

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A commission scheme can be a good way to motivate employees, award top performers, and give employees a stake in the company’s success. However, some employers don’t take into account all the potential risks and pitfalls associated with a...

What are my rights if I have been suspended?

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What does suspension mean? Suspension from work typically occurs when there are allegations of misconduct, concerns about health and safety, or during the course of an investigation into certain matters. It's essentially a...

What does the new Paternity Leave (Bereavement) Bill mean for employers?

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Recently, there has been a trend of laws being passed, such as the Carer’s Leave Act and Neonatal Leave Act which have enhanced employee rights to take leave to deal with issues involving their family. The latest Bill in that trend, the Paternity Leave...

Tips for employers to make their workplace environmentally friendly

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In today’s world, businesses play a significant role in shaping our ecological footprint. Therefore, it is imperative for employers to take proactive steps towards sustainability. This article sets out tips for employers to make their workplace...

Avoiding Class Discrimination in the Workplace

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In the UK, workplace discrimination on the basis of socioeconomic status, often referred to as “class discrimination”, remains a persistent challenge despite significant strides in promoting equality and diversity. Recognising and addressing this...

What is in the new employers' guide for menopause in the workplace?

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Many employees who experience the menopause report that it negatively impacts their work. Research carried out by the CIPD found that affected employees feel less able to concentrate, more stressed, and less able to physically carry out work tasks. Over half...

What does the new unpaid carer's leave mean for employers?

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The Carer’s Leave Regulations 2024 (the Regulations) were made in February 2024 following the Carer’s Leave Act 2023 receiving Royal Assent in May 2023. These Regulations entitle employees to take leave for the purpose of providing or...

What are my options if I have overpaid an employee?

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Generally, where an employer has overpaid an employee’s wages, the overpayment should be repaid even if it was the employer’s mistake. If an overpayment of wages has occurred on one occasion it should be a relatively minor issue to rectify....

What is the purpose of an Exit Interview?

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A question that around half of you may be asking if a recent survey is anything to go by. Cpl’s Talent Evolution Group surveyed 1,500 people who had resigned from their employer in the past 5 years. They report that following their resignation,...

How should I be calculating holiday pay?

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On 1 January 2024, new legislation came into force relating to holiday entitlement and holiday pay. Part of this new legislation sets out what elements of a worker’s pay should be included when calculating their holiday pay. Previously the...

How can I make my workplace more inclusive for women?

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This Friday 8 March is International Women’s Day. The campaign theme this year is “Inspire Inclusion”. In light of this, this article discusses the benefits of encouraging women’s inclusion in the workplace and ways employers can...

Can I use anonymous evidence in a disciplinary procedure?

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The question of whether employers can use anonymous evidence in a disciplinary procedure is a topic which often raises concerns regarding transparency, conflicting rights and reliability. The use of anonymous evidence can significantly impact the outcome of...

Is an investigation report privileged?

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In any legal case, both parties have a duty of disclosure. This means they are required to show the other party all documents relevant to the case even if they are detrimental to the disclosing party’s argument. However, some documents, such as those...

How will the spring changes to the immigration rules affect employers?

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In December 2023 the Government announced several changes to the immigration rules as part of a plan to lower net migration. These changes will have significant consequences for individuals seeking leave to remain in the UK and to any employers who sponsor...

What do I need to consider when offering employee training?

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Effective employee training does more than simply teach employees how to be successful in their individual role. Training is an important part of the induction process because it teaches new hires about the company’s values, mission and goals....

When can an employee refuse alternative employment in a redundancy process?

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When going through a redundancy process, employers have a duty to consider any alternative positions which may be suitable for employees who are at risk of redundancy. An employer who fails in this duty risks a tribunal later ruling that the redundancy was...

How do I conduct a return to work meeting?

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How do I conduct a return to work meeting? Return to work meetings are often used when an employee has been off sick for a significant period of time, or has taken several short term absences within a relatively brief period. Employers...

How can employers use AI to promote employee wellbeing?

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How can employers use AI to promote employee wellbeing? With advancements in technology and Artificial Intelligence (AI) being made in the past couple of years, employers have found innovative ways to harness this new technology to...

Do I need to hear a grievance raised by a former employee?

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The ACAS Code of Practice defines grievances as “concerns, problems or complaints that employees raise with their employers.” These concerns may relate to: Hours of work; Work levels; Pay;...

What is imposter syndrome and how does it affect employers?

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People experiencing imposter syndrome believe they are lesser than others believe them to be and are consumed by dread that this will be discovered. They see successes as the result of good luck and not as the result of their own skill and performance. ...

Summary of law changes to expect in 2024

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In recent months, there have been multiple announcements from the UK Government regarding a variety of new employment laws which will be implemented in 2024. Each of these new laws will significantly affect UK employers. This article is a summary of the...

What is the effect of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 for employers?

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In November 2023 the Government introduced the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Regulations). The Regulations contain significant changes to the way holiday is calculated and paid for part-year and...

Significant employment law cases of 2023

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As 2023 draws to a close, this week’s Wednesday Wonder reviews some of the most significant employment law decisions of the past year. Employment status Fire Brigades Union v Embery looked at whether an employee can...

How can employers reduce sexual harassment in the workplace?

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Sexual harassment is defined in the Equality Act 2010 as taking place when someone engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile,...

Do employers need to grant their employees annual leave for a religious celebration?

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Working in a multi-culture and multi-faith workplace means that various religious celebrations arise throughout the year. As we approach some of these religious celebrations, employees may wish to request leave from work to participate in such celebrations....

What is in the Workers (Predictable Terms and Conditions) Act 2023?

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The Workers (Predictable Terms and Conditions) Act 2023 (the Act) was passed on 18 th September 2023. The Act establishes a new statutory entitlement for workers under atypical contracts to seek more predictable terms and conditions of work. This...

Things for employers to consider before having a staff Christmas party

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As we move into the holiday season many workplaces may have started organising staff Christmas parties. While a Christmas party can be a great opportunity for staff to mingle and enjoy themselves, it is still an extension of the workplace and employers owe...

What was the effect of the Retained EU Law (Revocation and Reform) Act 2023 for employers?

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The Retained EU Law (Revocation and Reform) Act 2023 (the Act) received Royal Assent in June 2023. The Act, which comes into effect at the end of 2023, was originally billed as a “bonfire” of retained EU law. Though the final version of the Act...

What issues should employers be aware of when employing young workers?

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As an employer, it's your legal responsibility to care for all staff. This means being aware of their employment rights and ensuring you comply with relevant legislation, especially when hiring young workers. With Gen Z said to make up 20 percent of the...

How can employers manage conflicting rights in the workplace?

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In today’s diverse and inclusive workplaces, employers are increasingly faced with the challenge of managing conflicting rights, for example when it comes to religious views and LGBTQ+ rights. Striking a balance between respecting each employee’s...

What makes an effective manager?

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In May 2023 the CIPD published a report on how employees are affected by management quality. The study found that employees with good line managers are more likely to be committed to their employer, to volunteer for tasks outside their job description, and...

What reasonable adjustments can employers make for employees' mental health?

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Under the Equality Act of 2010, employers are legally required to make reasonable adjustments which are accommodations to alleviate or minimize disadvantages experienced by individuals with disabilities in relation to their employment or the employer's...

What is an Employer of Record?

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In an ever-evolving global job market, UK companies are exploring innovative ways to expand their workforce and harness international talent. One such approach gaining traction is the adoption of an Employer of Record service. An Employer of Record is a...

What can I do if an employee raises vexatious grievances?

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Employee grievances have increased by 30% in two years and therefore it is inevitable that an organisation will have experience of dealing with complaints raised by their employees during their time of trading. A study conducted by XpertHR found that the...

What are Alternative Dispute Resolutions (ADR)?

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Employment Tribunals serve as the primary forum for resolving disputes between employees and employers and are the judicial body dedicated with overseeing workplace justice. They promote the functioning of the rule of law at work. However, it comes with a...

What does the Bullying and Respect at Work Bill mean for employers?

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In July 2023 Labour MP Racheal Maskell presented the Bullying and Respect at Work Bill (the Bill) in Parliament. The Bill aims to provide greater protection for employees and workers from workplace bullying and promote positive and supportive workplace...

What is job-sharing and when may it be beneficial for employers?

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Job-sharing is a flexible work arrangement in which two or more employees share the responsibilities and duties of a single full-time role. This arrangement allows employees to divide the workload and responsibilities, often splitting the work hours and days...

What new protections have been introduced by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023?

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The Protection from Redundancy (Pregnancy and Family Leave) Act introduces new safeguards, particularly for those who are pregnant or have recently returned from parental leave, giving them priority status for redeployment opportunities in instances of...

How do I properly conduct lay-offs?

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Traditionally, employers resort to layoffs during recessions to save money. Companies continue to cling to the idea that reducing staff will provide the best, fastest, or easiest solution to financial problems. Eighty-five percent of respondents rated job...

What risks do I face if I don't have a compliant or complete contract of employment?

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An employment contract is the most important document between an employer and an employee. It sets out the terms of the employment including probationary period, salary, location and hours of work, holiday entitlement and notice periods to name a few. The...

What constitutes a valid resignation?

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In most cases it will be clear when an employee has resigned from their job. However, when a resignation is uttered following a tense workplace dispute the position may be less clear. Sometimes employees regret being overly hasty and try to retract their...

What do the new types of family leave mean for employers?

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The Government has recently introduced two new types of family leave, which introduces the statutory entitlement to neonatal care leave and carer’s leave. To date, employees have not had any statutory entitlement to either of these types of leave. ...

Will A.I be the cause of tensions between employer and employees?

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The Trades Union Congress (TUC) has expressed alarm over the rise in workplace surveillance. Recently, Royal Mail employees contested how their shifts' work was recorded using portable devices to track deliveries. Some Amazon employees in Coventry also...

How do I handle a Data Subject Access Request (DSAR)?

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Under UK GDPR, an individual can make a subject access request using any available method, including: Verbally in person; Over the phone; In a written letter; Via your website;...

Where is the line between bullying and banter in the workplace?

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Bullying can occur at any time throughout life including filtering into workplaces which can result in an unpleasant and toxic work environment. Although there is no legal definition of bullying, ACAS have described bullying as “unwanted behaviour from...

What does the Terrorism (Protection of Premises) Bill mean for employers?

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The draft Terrorism (Protection of Premises) Bill was published on 2 nd May 2023, also known as Martyn’s Law. This Bill has been created in recognition of the campaign led by the mother of one of the victims of the Manchester Arena bombings. This Bill...

How can employers support employees who experience a miscarriage?

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Miscarriages and stillbirths may be more common than people realise, but unfortunately are not spoken about openly. In the UK there are 250,000 miscarriages and 11,000 emergency admissions for ectopic pregnancies annually. If a pregnancy is lost before...

What does the new guidance say about employer ethnicity pay gap reporting?

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In 2019, the Office of National Statistics (ONS) reported that the pay gap between white and ethnic minority employees in England and Wales had narrowed to its smallest level since 2012. Most ethnic groups analysed earned less than white British employees...

Do I still need to pay maternity pay if my employee is no longer entitled to work in the United Kingdom?

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In most cases, determining if an employee is entitled to maternity leave and pay is fairly straightforward. However, occasionally situations arise where the employee’s entitlement to family leave and pay is not so clear cut, and employers may be...

What does the recent Policy Paper, "Smarter Regulation to Grow the Economy" mean for employers?

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We have previously written about the Government’s Retained EU Law Bill, which originally would have seen all retained EU law that was not specifically preserved being repealed at the end of 2023. The Government has now indicated it will take a much...

What is a secondment?

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A secondment creates a relationship between an employer, the host and the employee. The employer is the party that originally employed the employee and temporarily transfers them to the third party. The host is the third party that employs the employee...

How can I avoid age discrimination?

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Introduction: Age discrimination is where an employee is treated unfavourably because of their age or because they are part of a particular age group. Age is one of the nine ‘protected characteristics’ as defined under...

Wednesday Wonder - How can I avoid age discrimination?

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Introduction: Age discrimination is where an employee is treated unfavourably because of their age or because they are part of a particular age group. Age is one of the nine ‘protected characteristics’ as defined under...

What is an employee suggestion scheme?

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An employee suggestion scheme is a program which asks employees to submit suggestions on how to improve the company, in exchange for a reward. The suggestions can be about anything from new or improved products to more efficient methods of operation. The...

What does the proposed new corporate offence of failing to prevent fraud mean for employers?

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The Economic Crime and Corporate Transparency Bill is currently (May 2023) making its way through the House of Lords. If passed, the Bill would create a new corporate offence of failing to prevent fraud, similar to other corporate offences already in...

How can I successfully manage an employee grievance?

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Employees may raise grievances about a variety of topics including their working environment, conditions of employment, health and safety, and bullying and harassment. Whatever the reason, you must take employee grievances seriously, and with treat them with...

Should I offer menstrual leave?

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Menstrual leave has been a topic of debate for quite some time, but has recently seen some significant changes after the statutory right to menstrual leave was introduced in Spain. The question has been asked, when and if menstrual leave will become a law...

What does it mean to have a without prejudice conversation with my employee?

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One of our recent newsletters featured a case that examined the “without prejudice” rule and whether a conversation between and employer and employee regarding a potential settlement were protected by this rule. Though in that case the tribunal...

Should I offer unlimited holiday?

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An unlimited holiday policy is where employees are given no set amount of paid holiday entitlement per year. This means that, in theory, they can take as much or as little holiday as they wish, subject to meeting the statutory minimum entitlement enforced by...

How long should I hold on to employees' personal data?

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Employers collect a lot of employee personal data from recruitment to when they eventually leave the business. Some employers may have questions regarding how long they can hold employee data, or whether it should all be deleted soon after the employment...

How to manage employees with "side gigs"

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A “side gig” or “side hustle” is a way for employees to generate income in addition to their main employment. Ever since the COVID-19 pandemic, the number of employees seeking out alternative streams of income has increased. According...

Are there limitations on what a settlement agreement can achieve?

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We often advise employers on how to manage relationships with their employees at work. This includes steps to settle disputes or recommendations on how to follow fair procedures to handle employees’ conduct and behaviour at work. Typically, this...

How can I manage employees' personal relationships at work?

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Personal relationships at work are not always limited to sexual or romantic relationships, they can also include family relationships, close friendships, and close financial, business or commercial relationships. This broad definition makes it unrealistic to...

What are the proposed changes to flexible working rules?

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Flexible working is a way of working that suits an employee’s needs, and may include: working from home; job-sharing; flexitime; or working compressed, annualised, or staggered...

What rights do I have when striking?

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The recent strike action across various public sectors in the UK has resulted in an increased number of employees questioning their entitlement to strike. Strike action can be disruptive to employers but it is important that employees who are entitled to...

Things for employers to consider when making one-off payments

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In the current economic climate, both employers and employees are watching their pennies carefully. Recently, the current Government indicated it was considering a one-off hardship payment to healthcare workers to help them get through the winter. This may...

Drug and alcohol testing at work

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We often advise clients on how they can comply with their duty of care to ensure the health, safety and welfare of their employees while at work. This duty also extends to protecting the health and safety of visitors to an employer’s site, and anyone...

What does the new ACAS guidance say regarding suspensions?

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Deciding to suspend an employee can be a stressful situation for any employer. Failing to follow the proper procedures can harm your relationship with the employee and may even lead to a tribunal claim. To help employers navigate this tricky aspect of...

Can I refuse to hire someone because of their tattoos or body piercings?

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Tattoos and body piercings can be a grey area with mixed opinions and attitudes. However, are employers allowed to judge an individual based on their tattoos and body piercings, or could that be seen as discrimination? A recent UK study carried out by...

Employment law developments of 2022

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As 2022 draws to a close we look back and summarise some of the key employment law developments of the past year. Holiday pay calculations for casual workers In July 2022 the Supreme Court finally handed down its judgement on...

Can I monitor job candidates' social media?

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Social media is often used as a source of entertainment or staying in touch with friends and family. However, content that people assume to be personal may sometimes be used by the employers to screen prospective and current employees. A social media...

What should employers consider before conducting employee appraisals?

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As we near the end of 2022 some employers may be preparing to conduct annual end of the year performance appraisals. When done well, employee appraisals can be a valuable tool for employers. They give you a chance to provide feedback, address performance...

How can I conduct a disciplinary procedure for an employee who is signed off sick?

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When an employer carries out disciplinary procedures and hearings, employees should attend in order to state their case. If an employee is unable to attend a hearing, the employer should make an effort to postpone the hearing to a new mutually convenient...

Pets in the Workplace

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In the last couple of years, we have seen an increase in queries from our clients regarding greater flexibility in the way that employees work. Traditionally it has been common for employers to receive requests of a pet accompanying their employee to work...

What does the new draft employee monitoring guidance mean for employers?

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The Information Commissioner’s Office (ICO) has recently released new draft guidance for employers on monitoring employees. The latest guidance will replace the relevant sections in the current Employment Practices Data Protection Code and is intended...

What are the Implied Terms in an Employment Contract?

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Implied terms are terms that are not expressly set out in the contract and can be implied into an employment contract by common law or statute. There are several categories into which these terms fall. Employers might choose to rely on implied terms when the...

Can I cancel my employee's holiday?

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When employees book holiday, it is generally understood by employers that requests can be refused for legitimate reasons or they can request employees to take holiday for specific dates and time periods – but what about pre-booked leave. Can an...

What is quiet quitting and what can employers do about it?

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In the wake of the Great Resignation comes a new phenomenon that may be of concern to many employers: “quiet quitting.” Quiet quitting is when employees only perform the minimum that is required by their contract of employment and no more. Such...

What may employers wish to consider about work in the metaverse?

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Since the COVID-19 pandemic, we have experienced an increase in our clients requiring advice on working from home and hybrid working. Queries have ranged from whether providing equipment such as laptops is necessary and how to manage performance issues from...

Are unpaid work trials lawful?

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Using an unpaid work trial is a practice that is often used by businesses as part of their recruitment process. Employers may wish to examine if the potential employee can demonstrate the required skills for the role and handle the pressure in a real working...

Calculating holiday pay for part-year and zero hours workers?

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In July the Supreme Court delivered its long awaited judgement in Harpur v Brazel . This case settled the question of how to calculate holiday for part-year workers. Employers who engage casual workers (also known as or zero hours or bank workers) may now...

Helping Employees with the cost of Living Crisis

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With the cost of living crisis affecting everyone in the UK, many employers are trying to find ways of assisting their employees through these times and helping their money to go further. According to the latest figures from the Office for National...

Apprenticeship updates August 2022

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Apprenticeships can be an effective way for employers to recruit and train up talented individuals for their organisation. However, the rules governing apprenticeships are regularly updated, and employers who breach these rules risk the Government taking...

Can I dismiss an employee for posts they made on social media?

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Social media can be used in many positive ways. However, for employers it can create many difficulties with employee use of social media coming at a price. This is both in terms of lost productivity in businesses which allow free Internet access during work...

Diversity monitoring in the workplace

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Our clients often ask us whether they should be monitoring diversity and if so, the questions to ask. In some cases you will be obliged to carry out diversity monitoring anyway (due to the size of your organisation or the sector that you work in) but really...

Can I require employees to delete contacts from social media when they leave employment?

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Most businesses have a presence on social media such as Facebook, Instagram, Twitter, and LinkedIn to connect with professional contacts, employees and clients or customers. Over the course of their employment, some of your employees may add professional...

What can I do if an employee goes AWOL?

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Absence without leave, or AWOL, is when an employee leaves or does not show up for work without permission and without contacting their employer. Dealing with a no-show employee can be stressful for employers, and this article discusses what courses of...

What should I check for when I receive an employee's fit note?

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What is a fit note and when is a fit note required? A fit note is an official written statement from a doctor giving their medical opinion on a person’s fitness for work. As of the 1 st of July, fit notes may also be issued by...

Important Employment Law cases of 2022 (so far)

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It may be hard to believe but we are now half way through 2022. In this article we look back at some of the most significant employment law decisions so far this year and what they mean for employers. Covid-19 in the workplace ...

Highly Recommended Award for POM at Lawnet Awards

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We are delighted to announce that on Friday 1 st July 2022, the Warner Goodman LLP Peace of Mind team were awarded with a “Highly Recommended” award at the LawNet 2022 Awards, in the Team of the Year (Business Law) category. The...

Promoting racial equality in the workplace

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Despite increased awareness of racial disparities in the workplace, racial discrimination persists. While many employers want to promote racial equality at their organisation, some may not know where to start or may be worried about getting it wrong. This...