Your HR Partner

20/02/2025

As of October 2024 Employers have a positive legal duty to take ‘reasonable steps’ to prevent s*xual harassment in the workplace and to make workplaces safer for all staff. This could include third-party harassment, harassment by a colleague outside of work, indirect discrimination and harassment of former workers.

So what steps should Employers be taking if they haven’t already:

1. Ensure that your Staff Handbook includes an Anti-Harassment and Bullying policy and distribute this to all staff. (We can provide this if you do not have one).

2. Run a training session for all staff on Bullying and Harrassment to demonstrate you have taken preventative action. (We can run a one hour Zoom training session if this would be helpful).

3. Conduct a biannual risk assessment for the prevention of s*xual harrassment and keep this on file. (We can provide a template if required).

4. Ensure Managers understand the importance of investigating claims of s*xual harassment and taking action where necessary.

5. Consider an annual or biannual survey of your staff to include questions on bullying and harassment and encourage staff to raise issues in person where necessary.

6. Consider putting up signs within your premises stating clearly that abusive or threatening behaviour will not be tolerated.

In the event of an Employment Tribunal claim for s*x discrimination if a Tribunal considers an employer has failed to take reasonable steps it could uplift compensation by 25%. However where an employer can show it has made a concerted effort to prevent s*xual harassment by keeping evidence of steps taken as above this should provide a robust response in the event of any claims.

If you would like assistance with any of the above please email [email protected]

01/02/2023

What can we learn from Employment law cases in 2022?

Can a self-employed worker claim holiday pay?
In Smith v Pimlico Plumbers, Mr Smith established he had worker rights despite being self-employed. He successfully claimed backdated holiday pay over six years. This case reinforces the importance of providing Contracts for all staff whether they are Employees, Workers or Self-Employed.

Is long covid a disability?
In Burke v Turning Point Mr Burke was dismissed having been off sick with long covid for nine months. This case confirms that long covid could be classed as a disability and each case should be assessed on its' own facts and a medical or occupational health report should be considered prior to any decision regarding an employee’s absence.

Should term-time workers benefit from a full 5.6 weeks holiday?
In Brazil v Harpur Trust it was found that paying 12.07% of hours worked as holiday pay for part-year workers was unfair and they should in fact get 5.6 weeks holiday at their normal pay rate. If you have zero hours workers or those working only part of a year you should NOT be using 12.07% to calculate holiday pay any longer.

If an employee falsifies his qualifications and gets a job does s/he have to repay their wages?
In R v Andrewes Mr Andrewes made several false claims on his CV regarding degrees and post-graduate qualifications over a ten year period. He was able to hold jobs such as Chief Executive Officer, Non-Executive Director and Chair of a Health Trust. He was dismissed and prosecuted and had to repay a proportion of his earnings. Obtaining work through a fraudulent CV is a crime.

Is it fair to select an employee for redundancy because their contract is due to end first?
In Mogane v Bradford NHS Trust two nurses on fixed-term contracts were at risk of redundancy. No consultation took place and Ms Mogane was unfairly selected for redundancy just because her fixed-term contract was due to end. Meaningful redundancy consultation involves a series of meetings with staff at risk and the application of fair and objective selection criteria in order to successfully defend a Tribunal claim.

If you have questions regarding any of these issues please contact [email protected]

20/05/2022

What is unconscious bias?
It describes the associations we hold outside our conscious awareness and control. It affects everyone and is triggered by our brain automatically making quick judgements and assessments.
Think about recruitment you may have carried out recently - did you recruit someone with a similar background to you? (Affinity bias)
Did you reject a candidate because they had different politics to you? (the Horns effect)
Have you found yourself swayed by a panel away from your own views (Conformity bias)
Unconscious biases can lead to unintentional discrimination, but if we are aware of them we can try to limit their impact.

If you would like training for your team on unconscious bias please get in touch via [email protected] or come to our seminar https://lnkd.in/e_XhcZxt

12/08/2021

Covid testing in the workplace

Given the rate of infection of the delta variant of covid-19, even among double vaccinated adults, employers are understandably keen to ask staff to take lateral flow tests in the workplace. You cannot enforce covid testing but you can request it and if staff refuse, try to understand their reasons.

If you are concerned about the health of an employee in the workplace and they refuse to take a test, you could go down a disciplinary route with the employee for ‘refusing to follow a reasonable management instruction’ but we wouldn’t recommend this without taking further advice.

If you would like to introduce covid testing in the workplace we can provide a policy on covid testing. If you would like to discuss any aspect of returning to the workplace / hybrid working / workplace testing do get in touch via [email protected]

01/07/2021

From today, 1 July, the furlough scheme is changing. Grants will only cover 70% of employees' usual wages for the hours not worked, up to a cap of £2,187.50. In August and September, this will then reduce to 60% of employees’ usual wages up to a cap of £1,875.

To continue using the furlough scheme, you will need to pay the 10% difference in July, and 20% difference in August and September, so that you continue to pay your furloughed employees at least 80% of their usual wages for the hours they do not work during this time, up to a cap of £2,500 per month or pro rata equivalent.

You can choose to top up your employees’ wages for the hours they do not work, above the 80% cap for each month if you wish, at your own expense.

You must have furlough leave agreements in place with your staff whether they are furloughed for all or only some of their hours.

If you need advice regarding the furlough scheme or need to restructure your staff in any way do get in touch via [email protected] or on 020 8346 8686

24/03/2021

Business planning and Employment law - a 20 minute briefing on Employees, Workers, Contractors; Contracts; Right to work; Employee rights; Social media; the Furlough scheme and Redundancies!

https://youtu.be/EDRl7CmqkGw

Hope you find it useful

Susie has worked in the field of HR and Employment law for over 20 years and hs qualifications in Psychology, HR and Employment law. Susie can help people to...

08/03/2021

The Government has extended the Coronavirus Job Retention Scheme (CJRS) until the end of September‌‌‌ ‌2021. The key changes are as follows:

- The Government will continue to pay 80% of employees’ usual wages for the hours not worked, up to a cap of £2,500 per month, up to the end of June‌‌‌ ‌2021

- For periods in July, CJRS grants will cover 70% of employees’ usual wages for the hours not worked, up to a cap of £2,187.50

- In August and September, this will then reduce to 60% of employees’ usual wages up to a cap of £1,875

- Employers will need to continue to pay their furloughed employees at least 80% of their usual wages for the hours they do not work during this time, up to a cap of £2,500 per month. They also need to pay the associated Employer National Insurance contributions and pension contributions on subsidised furlough pay from their own funds.

- When claiming for periods from 1 May‌‌‌ ‌2021 onwards, eligible employees must have been employed on 2‌‌‌ ‌March 2021 and had a Real Time Information (RTI) submission to HMRC notifying a payment of earnings for that employee by their employer between 20‌‌‌ ‌March 2020 and 2‌‌‌ ‌March 2021.

If you have questions regarding the CJRS or any other staff issues please get in touch via [email protected]

05/01/2021

Do you employ EU workers?

If they have not already done so, any EU workers you currently employ who do not have British passports or indefinite leave to remain in the UK, will need to apply to the EU Settlement Scheme.

The scheme will grant them either ’settled status’ or ‘pre-settled status’ depending on how long they have lived in the UK at the time they make their application.

Those employees with over five years' continuous residence should receive 'settled status’ and can remain in the UK permanently and those employees with less than five years’ residence should receive ‘pre-settled status’ enabling them to remain in the UK until they can upgrade to ’settled status.

Applications for the Scheme can be made at www.gov.uk/settled-status-eu-citizens-families and it is free to apply. Applications must be made by 30 June 2021.

Employees who already have indefinite leave to remain in the UK do not have to apply to the Scheme but may choose to change to ’settled status’ without paying a fee.

As a reminder you should keep records of the right to work in the UK for all employees, including copies of relevant documents and a control log to check documents for those employees with a time-limited right to work in the UK in good time.

If you need advice or have any questions about this please contact us.

The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU ('Brexit'): who's eligible, how to apply, how much it costs.

05/01/2021

The furlough scheme has been extended for an extra month, until the end of April 2021. The Chancellor also announced that the government will continue to pay 80% of wages until the end of the Scheme, i.e. that the government contribution will not be reduced at the end of January.

https://www.gov.uk/government/news/chancellor-extends-furlough-and-loan-schemes

Please be in touch if you have questions about this or need to create or amend agreements with staff.

The furlough scheme has been extended until the end of April 2021 with the government continuing to contribute 80% towards wages – giving businesses and employees across the UK certainty into the New Year, the Chancellor announced today.

02/11/2020

Extension to the Job Retention Scheme

Further to the Government announcement at the weekend regarding a national lockdown from 5 November 2020, it has also been announced that the Furlough scheme will be extended into November and December (no end date has been confirmed as yet). As such if you have any staff who have already signed agreements regarding the Job Support Scheme you will need to get their agreement to put this on hold and put them back on furlough leave where applicable.

The key points of the scheme are as follows:

- The level of the CJRS grant will mirror that from the month of August, i.e. up to 80% of salary will be paid for hours not worked up to a cap of £2,500 per employee

- Employers will pay Employer NICs and pension contributions for both the hours worked and the hours not worked

- Employees can be either fully furloughed or part-furloughed and work some hours

- Eligible employees must have been on your PAYE Payroll on 30 October 2020

- Employees can be on any type of contract and grants will be calculated on the basis of their contractual or average hours as previously

- Grants will be for a minimum of 7 consecutive calendar days

- Employers may still top up salaries above the scheme grant at their own expense

If you have any questions about this or need to put a furlough leave agreement in place for your staff please get in touch via [email protected] or on 020 8346 8686

Your HR Partner Your HR Partner is a unique HR Consultancy which works with you to address your HR issues in line with Employment law. Whether you need

14/10/2020

The Job Support Scheme (JSS)

- The Government has explained that an employee on the JSS will earn a minimum of 77% of their normal wages where the Government contribution has not been capped

- Employers using the JSS will also be able to claim the Job Retention Bonus for each employee which meets the criteria

- For the first three months of the scheme the employee must work at least 33% of their usual hours, after which time this threshold may change

- Working patterns may change after a minimum of 7 days and staff may ‘cycle’ on and off the scheme

- For every hour not worked by the employee, the Government and the employer will pay a third each of the usual hourly wage. The Government contribution will be capped at £697.92 per employee per month.

- Grant payments will be made in arrears but will not cover NICs or pension contributions

- The expectation is that employers cannot top up their employees’ wages above the two thirds of hours not worked at their own expense

- Employees cannot be made redundant or put on notice of redundancy during the period that their employer is claiming a grant under the JSS.

- Short-time working arrangements must be agreed with employees and recorded in writing. HMRC will inform employees directly with details of each claim and may request to see short-time working agreements.

As an example, if an employee works 5 days a week and earns £350 a week and is put on the JSS working 2 days (40%), her employer pays her £140 for the days she works and for the days she doesn’t work she receives two thirds of her £210 pay, i.e. £140 of which £70 is paid by the employer and £70 by the Government. Thus she earns 70% of her normal wage.

If you need help preparing a short-time working agreement please email [email protected]