Receiving an employment tribunal claim: what to do next

At some point, many businesses will receive a tribunal claim against them from an employee, former employee or even an applicant. Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible. This article runs through what happens at the start of the process, sets out what to do to help prepare the defence, and gives tips on how to keep down legal costs. Acas early conciliation An employment tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger early conciliation. Early conciliation lasts up to six weeks, during which time Acas mediate between you and the individual to try to settle the potential claim against your business. If the conciliation is unsuccessful, the individual…

Return to the workplace: be aware of an employee’s disabilities

Now is a time of transition as employees return to the workplace either on a hybrid basis or for all their working time. Employers need to keep in mind the impact of this shift on any employees’ disabilities. The impact of the pandemic on some of your employees’ health may only come to light as employees move away from homeworking.  This article runs through employers’ responsibilities in relation to their employees’ disabilities and key areas to look out for in managing this transition. What is a disability? Employers should not wait for employees to tell them that they have a disability. Instead, you need to be alert to signs of disability. This could mean, for example, if an employee’s performance is below par and there are signs that they are feeling low, it may be appropriate…

Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the changes to working practices which were introduced ‘on the hoof’ as businesses adapted to the pandemic may have become permanent, and many lessons have been learned about new ways of achieving the same business objectives. ‘Alongside Covid, we have also seen a huge shift in the awareness of diversity and inclusion and, after so much change, now is a good time to check your policies are relevant for your company in the future,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. It is also timely to look at wider issues relating to policies, such as best practice around introducing and changing…

Employment Law Update November 2021

This article covers: 1. Menopause: why are workplaces failing women? 2. Fire and rehire: the saga continues 3. Supporting workers in the Covid-19 vaccination programme 4. The climate & ecological emergencies and the workplace 1. Menopause: why are workplaces failing women? Recent research demonstrates that as many as sixty percent of women are currently suffering or will suffer from disabling menopausal symptoms. This means workers at every level who are female or who identify as female are suffering from debilitating menopausal symptoms. Overlooking the consequences of menopause in the workplace can lead to: an unhappy, underperforming workforce high levels of sickness absence loss of workers at every level leading to skewed figures on wage equality and unequal representation in the boardroom  claims in the employment tribunal on the grounds of sex, disability, or age discrimination…

Redundancy advice for employees

How do I know my job is really redundant? A redundancy situation occurs where: A business closes or relocates, or an employer decides to shut down its business. A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories. An employer needs fewer employees to carry out a particular type of work. If at least one of the above does not apply then there may not be a genuine redundancy situation and you may have a claim for unfair dismissal. Have I been unfairly dismissed? To ensure that a dismissal for redundancy is fair, your employer must establish that: It is the real reason for your dismissal; and Your employer acted reasonably, in all the circumstances of the case, in treating…

What is a Settlement Agreement? Advice for Employees

A Settlement Agreement is a legally binding contract between you and your employer to terminate your employment on agreed terms for a clean break with no opportunity for you to take them to court or a tribunal for more money. They are used for different reasons, the most common is if you are being made redundant. An enhanced sum may be offered in exchange for the employer not undertaking a fair process. Compensation for loss of office The Settlement Agreement will detail the payments due to you. Up to £30,000 compensation can be paid tax free if it is genuine compensation for losing your job. Notice payment If you don’t work your notice you can be paid in lieu subject to tax and National Insurance deducted. Bonus/commission These payments should be included in the agreement. As your…

Carers’ rights at work

According to Care UK, three million people in the UK are juggling work with unpaid caring for disabled, seriously ill, or older loved ones. NHS England reports that carers are twice as likely to have poor health than those without caring responsibilities. ‘Working carers do have some legal rights. With the number of unpaid carers predicted to increase, employers may wish to go above and beyond these legal rights to support these employees and their wellbeing and to help retain them in the workforce,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. Gillian runs through the legal rights, likely changes to the law and steps employers can take to support carers. Flexible working requests Employees have the right, once every 12 months, to request flexible working arrangements like part-time hours or…

Is your workplace sympathetic to the menopause?

In an episode of the Netflix series House of Cards, the American First Lady Claire Underwood opens the door of her huge refrigerator and stands there cooling off from a hot flush. The scene generated plenty of debate online, as it was a rare case of the menopause being acknowledged in a drama as an everyday occurrence. Like period cramps, the menopause is a health condition which most women will experience at some point, usually between the ages of 45 to 55 and like any health issue it needs to be handled sensitively in the workplace. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, ‘Employers need to be alert to the HR and legal implications of menopause transition, as failure to take a sympathetic and responsible approach could see…

Dusting off disciplinary procedures post Covid

The last 18 months have seen employers turn on a dime to keep their business on track, while guarding the health and wellbeing of staff and customers.  While flexibility has been key, it has also been important to update and comply with frequently changing health and safety policies. ‘However, many companies have struggled financially and in order to get their business back on track there will be a keen focus on performance and productivity,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. With the future of the business at stake, managers may not be able to be quite so lenient with staff if targets are not being met and may need to dust off their disciplinary and performance management procedures.  As Covid restrictions loosen in different ways in different sectors, then…

Employment Law Update September 2021

This article covers: Social Media No Jab, No Job Discrimination & Hypersensitivity UK Right to Work Hybrid Working Social Media Can your social media posts get you into trouble at work? You may have heard that England lost the 2020 Euro final 3-2 on penalties. Heart breaking - but then the racist tweets began. Arrests have followed and a high-profile estate agents suspended an alleged racist tweeter. Does your organisation have a social media policy? Doubling down on privacy settings isn’t always the solution – screenshots can easily be taken and shared Workers should check their posts for discriminatory remarks and harassment If a worker claims unfair dismissal, the Employment Tribunal must consider three aspects of the employer’s conduct as set out in the test in British Home Stores -v- Burchell…