Know the Laws of Menopause

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff. Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause. Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a…

Investigating employee misconduct: how to get it right

Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities. Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably believe that the employee is guilty of misconduct. A fair investigation is the cornerstone of a fair process and for establishing that it was reasonable to believe that the employee was guilty. this article explains how to get investigations right.   First things first, check your procedure Employers should have a disciplinary procedure that complies with the Acas Code of Practice on disciplinary and grievance procedures. If the dismissal results in an employment tribunal claim, the tribunal will assess whether you followed the code. If not, the dismissal is likely to be unfair and damages awarded to the individual may be increased by up to 25…

5 amazing facts about UK employment law

Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct? Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15th week before the baby is due. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed…

Porn at Work

Ralph had worked for his employers for 5 years He was part of the IT support at his employer, had a clean record and had even been employee of the year. However one day his world came crashing down when he was suspended and invited to an investigation meeting by his employer for: ‘’Inappropriate use of company property. In particular you have used the work laptop for none work purposes, namely watching pornography during work time. Breach of the company IT policy. In particular, accessing and downloading pornographic material onto the work laptop. The company alleges that the above allegations constitute gross misconduct.’’ So, what would be the correct approach by an employer in this scenario? Amongst the many weird and wonderful cases this is a scenario that I have found myself advising on. The employer…

So, you want to grow your business?

Family businesses have traditionally relied on what previous generations have always done in order to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many have already realised the benefit of technology, with the internet and mobile telecommunications at the heart of business growth.   However, have you ever thought about that next step? Scaling up? Taking on new employees so you can readily meet the new demands of your customers? What are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very…

Sex Discrimination

Sex Now that I have your attention…you find yourself curiously reading on and, for that, I thank you. Did you know that Sex is one of many protected characteristics contained within the Equality Act 2010? These characteristics are: Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation. Essentially this means that individuals who have these characteristics and feel discriminated against because of these characteristics may have rights and claims against not only their discriminators but even those who are responsible for those perpetrators e.g. an employer. The topic of discrimination is expansive and each characteristic would merit an article in its own right. However, in this piece I want to touch on the characteristic of ‘sex’ and how this impacts the workplace. Q. What is the…

Growing your business

Farming families have traditionally relied on their land and livestock to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many in the primary sector have decided to supplement their income (and in turn their security) by diversifying their business to include farm shops, garden centres and, in some instances, magical lands filled with ice cream and fair ground rides. However, what are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very specific content. There is a right to a pay slip…

Spring 2022 - Employment law update for employers

April is usually the month when the Government introduces new employment legislation, and in recent years has announced its commitment to introducing significant new rights, such as neo-natal leave and a duty to prevent sexual harassment in the workplace. ‘While there are very few big changes this April, employment law remains a fast-moving area of law,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors. He explains the key changes employers need to know about this year and looks back at recent developments. Closure of the Statutory Sick Pay (SSP) rebate scheme Employers are no longer able to claim back SSP for coronavirus-related absences or periods of self-isolation after 17 March 2022. The usual SSP rules now apply with employees being entitled to SSP from the fourth qualifying day of absence. Repeal of…

Employment Law Newsletter March 2022

This article covers: 1. Horseplay and Vicarious Liability 2. Holiday pay and the Gig Economy 3. The Great Resignation 4. Climate Friendly Employment Contracts 1. Horseplay and Vicarious Liability Mr Heath detonated two explosive pellets close to Mr Chell causing injury to his hearing. This happened in the workplace, namely on the premises of Tarmac. Were Tarmac vicariously liable as employer? In the case of Chell v Tarmac, Mr Chell claimed they were. He cited a history of friction between fitters employed directly by Tarmac, and others by Roltech – rivalries arose. The potential vicarious liability of an employer is relevant where an employee causes injury in the context of work. Obviously employers, being insured, have deeper pockets than employees so the injured party will often look to the employer for recompense.  Mr Chell considered there…

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even if your employee is guilty of misconduct or their job is clearly redundant, you still need to take care when dismissing. An employment tribunal will also decide if the dismissal was fair in all the circumstances. It is crucial that employers follow the right steps to ensure dismissals are fair or the employee could bring a successful claim for unfair dismissal.  Our article highlights pitfalls to avoid and ways businesses can minimise risks. Why is the procedure so important? When deciding if it was fair and reasonable to dismiss the employee, employment tribunals examine the procedure followed by the…