Archive

Category: Employment Law

Spotlight still on financial well-being

Google searches for ‘cost of living’ have increased by 4,555%. Rising bills don’t seem to be disappearing fast so employees’ financial well-being remains a high priority as we move into 2023. Below is a few things you might want to think about…

Office migration a return to the office could be a cost-saving necessity for some employees. There’s no one-size-fits-all so a flexible approach allows agility and avoids employees potentially being left out in the cold. Here’s some more to think about.

Employee loans – something we’re dealing with more and more, and a complex question. If it’s something you’re willing to facilitate, consistency is key and introducing a policy will support implementation. We’ve covered the topic in more detail here and we’ve added a ‘loans policy’ to Intelligent Employment – find out more.

External support – there’s lots of great tools and support out there to help employees through challenging times. Whether that’s ‘bill priortiser’ tools, independent free debt advice, or general financial well-being tips – knowing where to signpost employees is key! We’ve covered lots of great initiatives in our ’10 minutes with’ The Money and Pensions Service – you can watch here.

Financial well-being policy – ensuring you have a financial well-being policy in place will help you create an environment where employees are able to share their concerns and understand the support available to them. Your policy can outline where employees can access support as well as company benefits schemes that may help reduce their outgoings (and more). You’ll find ours on Intelligent Employment.

Get in touch if you’d like to discuss anything we’ve covered in more detail and how you can support your employees’ financial well-being. 

This update is accurate on the date it was sent (25 January 2023), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 24th, 2023By |

New legislation to watch out for pt.3

Here’s the third and final part of our series covering the need-to-know detail on the key legislative developments to watch out for in 2023:

A new UK data protection framework

The Data Protection and Digital Information Bill proposes amendments to the UK’s incorporation of the EU’s GDPR. Key changes are expected to include the introduction of an exemption from data subject access requests where vexatious, greater flexibility when transferring data internationally and a move to an opt-out model for cookie consent. It is expected that those who’ve worked hard to develop GDPR compliant processes and practices will not need to completely revise their approach.

The Brexit Freedoms Bill

The Brexit Freedoms Bill means that all EU legislation retained after Brexit will be amended, repealed, or replaced by the end of 2023 unless the government takes steps to preserve it. EU-derived employment laws such as the Working Time Regulations, TUPE, collective consultation requirements, and maternity and paternity protections could all be impacted depending on the government’s approach.

Next steps

Once we know more specific dates and timescales for the introduction of these legislative changes, we’ll update you further. Here’s pt.1 and pt.2 of this series if you need to revisit.

Get in touch if you’d like to discuss how these proposed changes might affect your business.

This update is accurate on the date it was sent (26 January 2023), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 23rd, 2023By |

New legislation to watch out for pt.2

Here’s part two of the need-to-know detail on the key legislative developments to watch out for in 2023:

New and enhanced redundancy protections

Currently you’re required to offer a vacant, suitable alternative role (where one exists) to an ‘at risk’ employee on maternity leave in priority to anyone else.

The Protection from Redundancy (Pregnancy and Family Leave) Bill intends to extend the protection from the point you’re made aware of their pregnancy and up to six months after they return from maternity leave (where an employee has taken 52 weeks’ maternity leave). Similar rights will also apply to parents returning from adoption or shared parental leave.

‘Fire and rehire’ Statutory Code of Practice

If you’re looking to make changes to employment contracts and an employee refuses those changes, one approach you can take is to terminate their employment and rehire them on the new terms (provided you follow a fair process).

The government have confirmed they’ll be publishing a new Statutory Code of Practice to provide practical steps for you to follow to ensure you engage in meaningful consultation when changing terms and conditions. The Code will not introduce an outright ban on the practice of ‘fire and rehire’, but is expected to mean:

  • Tribunals will need to take into account whether you have followed the Code and you should be ready to evidence you have done so; and

  • Tribunals may apply a 25% uplift in compensation if you unreasonably fail to comply with the Code.

Next steps

The government are yet to provide timescales for the introduction of this legislation, but we’ll update you as soon as we know more. In part three next week we’ll cover a new British data protection framework and the potential impact of the Brexit Freedoms Bill.

Get in touch if you’d like to discuss how these proposed changes might affect your business.

This update is accurate on the date it was sent (19 January 2023), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 18th, 2023By |

New legislation to watch out for pt.1

In this three-part series, we’ll give you the need-to-know detail on the key legislative developments to watch out for in 2023. Here’s part one:

Flexible working

The Employment Relation (Flexible Working) Bill includes the right to request variations to terms and conditions of employment (including working hours, times and locations). In addition the government’s consultation response signals the intention to create a more onerous consultation process before rejecting employee requests and the ‘day one’ right to flexible working.

Unpaid carer’s leave

The Carer’s Leave Bill will introduce a new entitlement for employees with caring responsibilities to take up to one week of unpaid leave each year to care for someone with an illness or injury (lasting at least three months), a disability, or old age.

Neonatal care leave

The Neonatal Care (Leave and Pay) Bill will introduce new leave and pay entitlements for employees with responsibility for children receiving neonatal care. The Bill will allow parents to each take up to 12 weeks of paid leave in addition to other leave such as maternity and paternity. It will apply to parents of babies who are admitted to hospital up to the age of 28 days and have a continuous stay in hospital of seven full days or more.

Next steps

There are no set timescales for the introduction of these Bills, but we’ll update you as soon as we know more. In part two next week we’ll cover a new statutory code on the practice of ‘fire and rehire’ and new enhanced redundancy protections.

Get in touch if you’d like to discuss how these proposed changes might affect your business.

This update is accurate on the date it was sent (11 January 2023), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Posted On: January 11th, 2023By |

Are you sure your conversations are confidential?

A recent Employment Appeal Tribunal (EAT) decision is a reminder that not all communication with advisers you’d deem confidential will be held by a tribunal as such. This decision highlights the need to exercise care if you’re not taking advice directly from a qualified employment lawyer as it may be required to be disclosed at tribunal. Here’s what you need to know.

Background

In the recent EAT decision, Citation Ltd (an HR advisory business) was forced to disclose their advice, which related to an employee’s request for flexible working and reasonable adjustments, as the advice was provided by an HR adviser rather than a qualified lawyer.

Practical takeaways

Legal advice privilege – if the advice that you take is covered by ‘legal advice privilege’ (LAP) it means the advice cannot be required to be disclosed at tribunal – sometimes very helpful if the advice is that you’re dealing with discrimination or unfair dismissal! If you’re working with a qualified lawyer the advice will be covered by LAP.

Disclosure risk – clearly, this case doesn’t mean that you should only ever take advice from employment lawyers. But, you do need to be aware of the risks of disclosure where you don’t.

If you’re unsure about whether your advice is covered by legal privilege or want to ensure that it is moving forward, Halborns can help – get in touch.

 

This update is accurate on the date it was sent (22 November 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: November 9th, 2022By |