Keeping your workforce agile and within the law

The viability of many businesses is on a knife-edge and flexibility in scaling the workforce up or down at short notice has become increasingly important. For many employers, keeping their workforce as flexible as possible will be essential for their future. However, the law around zero-hours contracts, self-employment, personal service companies and agency workers is complex, and now is the time to take stock of your current arrangements. Gillian Reid, Head of Employment with Ware & Kay outlines how to manage the risks and obligations of the different options for a flexible workforce. Self-employed contractors: watch out for employment rights Contracting with a self-employed individual may seem like a low-risk option, without adding to the overheads. However, even if you and the individual initially agree that they are self-employed, an employment tribunal may see things differently…

7 pitfalls to avoid when making redundancies

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat. ‘Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal,’ explains Gillian Reid, a Solicitor in the employment team with Ware & Kay. ‘There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.’ Here are some common misunderstandings and mistakes for employers to avoid. Pitfall #1 - Failing to count voluntary redundancies towards the trigger for collective consultation The obligation to inform and consult with recognised trade unions or employee representatives kicks in when you are…

Black Lives Matter: bringing change to the workplace

In the wake of the Black Lives Matter demonstrations, there is increased momentum in addressing racial inequalities at work. But this is against a backdrop of significant and long-standing barriers for workers of black and minority ethnic heritage.  For example, recent research by Business in the Community shows that only one and a half per cent of senior professional roles in the private sector are held by black people, despite making up three per cent of the UK population. ‘In any programme of change management involving employees, then it is important to take account of employment law,’ says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby. ‘Although positive discrimination is prohibited, positive action is lawful and there is plenty of employers can do to tackle inequality of all kinds and particularly…

Release of lockdown and returning employees to the workplace

Following changes in government guidance, more and more employers are asking staff to come back to the workplace. But what are your obligations as an employer if staff are reluctant or unwilling to return? How should you treat employees who are shielding, pregnant or struggling with childcare? The HSE’s guidance on Working safely during the coronavirus (Covid-19) outbreak and the Government’s sector-specific guides on working safely during coronavirus (Covid-19) are crucial sources of information.  ‘However, the Government guidance does not provide the full picture for employers who must consider the whole gamut of their duties under employment law.’ Says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby, who outlines the raft of legal responsibilities, as well as highlighting key steps to reduce the risks of claims and considerations for particular groups…

Release of lockdown: continuing or ending homeworking

Although lockdown is easing, government guidance advises people to continue to work from home if possible.  Meanwhile, the media is reporting that some employers are deciding to keep staff working from home. Homeworking has advantages; it eases the immediate difficulties of making workplaces COVID-secure and, longer-term, it can significantly reduce the overheads for a business. Employers bringing staff back to the workplace may wish to take stock of recent homeworking arrangements in preparation for any second spike in coronavirus or a localised lockdown. Gillian Reid explains how to get homeworking arrangements in order and looks at particular challenges for managers of remote teams, as well as how to deal with an employee who has had enough of homeworking. Employers ending homeworking arrangements may face a wave of flexible working requests. You should check the Government website…

Changes to employment law from April 2020

April brings with it the usual annual increases to the national minimum wage and statutory pay for family-friendly leave and sickness absence. But the effects of Good Work: the Taylor review of modern working practices, published in 2017, are still being felt and changes are being introduced to protect vulnerable workers in increasingly flexible business models. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, changes to IR35 tax rules are also expected along with the introduction of the right to parental bereavement leave. A raft of measures designed to protect vulnerable workers also come into force. Gillian rounds off with a word on Brexit. Employers should prepare for changes on the following dates:  From 1 April 2020 Increase in the national living wage for workers aged 25 and…

Parental Bereavement Leave

From 6th April 2020 an employee who loses a child under the age of 18, or suffers a stillbirth after 24 weeks of pregnancy, will be entitled to two weeks’ paid statutory leave to be taken in one block or as two separate blocks of a week. Employees must have at least 26 weeks’ service and meet minimum earnings criteria to be eligible. Statutory parental bereavement pay will be paid at the same rate as statutory paternity pay, i.e. £151.20 per week (from April 2020) or 90% of weekly earnings if lower. For more information, please contact our employment law team on 01904 716000 (York)  01653 692247 (Malton), 01937 583210 (Wetherby), or fill out our online enquiry form.

Quarter of minimum wage workers underpaid

According to a study by the Resolution Foundation, more than a quarter of workers aged 15 and over are not being paid the National Minimum Wage (NMW). The NMW is the least a worker can be paid per hour by law. Employers who fail to pay the NMW can face fines of 200% of the wage arrears and potentially also criminal prosecution. From April 2020 the NMW will increase to £8.72 for workers aged 25 and over (up from £8.21). Increases for younger workers from April 2020 will be: 21-24 years old: £8.20 (up from £7.70) 18-20 years old: £6.45 (up from £6.15) Under-18: £4.55 (up from £4.35) Apprentice: £4.15 (up from £3.90) Contact our Employment Law Solicitors in York, Wetherby and Malton To find out more about our Employment Law services and how…

Employee wellbeing: your responsibilities as an employer

Bowls of fresh fruit and mindfulness sessions are becoming increasingly common in the workplace as employers try to promote the wellbeing of their staff. A successful wellbeing strategy can improve employee attendance and  retention, as well as productivity.  It can also help shield you from compensation claims brought by employees for stress-related conditions which may be exacerbated by their work. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby sets out an employer’s legal obligations for employee wellbeing and suggests initiatives for you to adopt. Stress at work Employers are under an obligation to protect their employees from the risk of injury while at work, including the risk of injury to their mental health caused by the development of depression and anxiety as a result of work-related stress.  Where it can be…

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if…