Last week we were all alarmed at the seemingly heartless way in which 800 staff were dismissed by P&O Ferries by way of a 3-minute long pre-recorded message. While redundancies and business restructures are unfortunately relatively common place, it was the lack of correct legal approach, together with the lack of civility which drew attention to this situation. Here we look at what the correct legal approach is in this situation and what P&O should have done if it had to make staff redundant.

Redundancy

Let’s pause and think about the menopause.

As with many subjects which at one point seemed too “taboo” to discuss in the workplace, the menopause, and its symptoms, have started to shift the conversation in workplaces across the country.

Managing the effects of the menopause at work is essential for both employers and their staff. Menopausal women are the fastest growing demographic in the workplace. However those going through it often feel as though they must do so quietly and behind closed doors. This piece

The Department for Business, Energy and Industrial Strategy (BEIS) will shortly be publishing its consultation on extending the right to request flexible working to all employees, removing the current requirement for 26 weeks' service before doing so.

This proposal was part of the Conservative party's 2019 manifesto but the introduction of the "day one" right was delayed due to the COVID-19 pandemic.   If introduced it will allow employees to request flexibility from the outset of their employment, which will assist many more employees to better

Many employers take steps to ensure that their staff undertake equality and diversity training within their organisations. Employers can also use this as a defence in any discrimination claims to say they have taken all “reasonable steps” to ensure that no discrimination takes place within their organisation.

However, a recent case of Allay (UK) Ltd v Gehlen, the EAT has held that an employment tribunal was entitled to reject an employer’s ‘reasonable steps’ defence to a claim of racial harassment. Although the perpetrator of the

The past few months has seen the roll out of the Covid-19 vaccination across the UK and while the availability and speed of the process is being questioned daily in the press, one issue which we have seen brought the foreground of discussions amongst clients is whether or not they can mandate their staff to have this vaccination.

Many employers are likely to encourage their staff to take up the vaccine, but the issue of whether this can become mandatory is an interesting one from

This lunchtime, the Chancellor, Rishi Sunak, announced that the Coronavirus Job Retention Scheme (CJRS) will remain open until 31 March 2021, which will allow employers to furlough employees until that point. For claim periods running to January 2021, employees will receive 80% of their usual salary for hours not worked, up to a maximum of £2,500 per month. This means the Scheme is more generous than the scheme running in September and October. The percentage may be reviewed for February and March, presumably reducing on

New reforms to boost hearing capacity in employment tribunals have been introduced at Westminster with the aim to hear more cases and allow for greater flexibility in light of the COVID-19 pandemic.

One of the changes being made will allow the judiciary the option of deploying non-employment judges into employment tribunals and will also allow employment judges who normally sit in England and Wales to sit in Scotland and vice versa.

Announcing the reforms, Business Minister Paul Scully said: "The employment tribunal system has held

If an employee is being made redundant they will be entitled to a period of notice and, for those with at least two years’ service, a statutory redundancy payment.  They should also be paid in respect of accrued but untaken holidays, if appropriate.

Statutory redundancy payments can be relatively small therefore some employers offer a payment in excess of the statutory minimum – usually called enhanced redundancy payments.  This can be offered for a variety of reasons: 

• it may be that it forms part of

The Government has recently legislated to ensure that if a furloughed employee was made redundant, certain statutory payments would be calculated with reference to the employee's normal pay and not with reference to their reduced furlough pay.

The government suggested that throughout the pandemic it had urged businesses to do the right thing and calculate payments for employees being made redundant with reference to their normal pay, rather than their reduced furlough pay. While the majority of businesses had done so, the government was aware

Following our previous update, yesterday (15 April 2020), HMRC has issued a further update to its employer and employee guidance on the Job Retention Scheme (the Scheme). We now have the following recommendations:

1. The eligibility date, being the date when the employee has to have been on the employer's payroll to qualify for the Scheme, has changed from 28 February to 19 March 2020. This means that a large number of employees who started employment after the 28th February will now qualify for the Scheme

Following on from the Government’s announcement of the Coronavirus Job Retention Scheme, we now have some further information about the scheme following updated guidance issued by the Government (https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme).

In summary, the following will apply:

-  Employers will be able to apply to HMRC for a grant to cover 80 per cent of an employee’s regular wage or £2,500 per month (whichever is lower) plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions for employees who are not working but

In the midst of a period of uncertainty for all sectors across the U.K, it was a welcome change for us all to hear the Chancellor’s announcement on Friday 20 March that the Government will cover up to 80% of employee costs if your business has no work for them.

Guidance-to-employers-and-businesses-about-covid-19

This is an incredible and unprecedented lifeline for employers but there are obviously some conditions attached to this which we try to iron out below. This is a new scheme and new information for

Currently, employers are only required to give new employees a written employment 'contract' stating their main terms and conditions within two months of starting work.

Following the governments Good Work Plan, the requirements will change for those starting work on or after 6 April 2020. In summary, the changes are:

• The obligation will extend to 'workers' as well as employees
• It must be provided on or before the date on which they start work
• Only certain limited information can be provided later
• The

In the recent case of Casamitjana v League Against Cruel Sports an employment tribunal ruled that ethical veganism can be a philosophical belief worthy of protection under the Equality Act 2010.

It is well known that the Act (which protects against discrimination, harassment and victimisation) covers religion and religious beliefs. It is less well known that it can also extend to certain philosophical beliefs.

In concluding that the claimant's beliefs were worthy of protection the tribunal took into account his dedicated and strict adherence to

The Equality and Human Rights Commission (EHRC) has published new guidance in relation to sexual harassment and harassment in the workplace. In this blog we will look at the guidance, and what it means for employers.

The Equality Act 2010 prohibits discrimination and harassment because of, or related to, one or more of the nine protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation).

There is no length of service requirement for an

In January 2020, the government confirmed that paid parental bereavement leave will be introduced for eligible employees on 6 April 2020. Here we look at the new entitlements, and discuss how employers can support staff going through a bereavement.

Quite amazingly, there has been no legal obligation for employers to provide paid time off for grieving parents. The Employment Rights Act 1996 affords employees the legal right to take 'reasonable' time off to deal with an emergency, which includes the death of a child.

As we wake up this morning we are presented with the seismic shift in the landscape of UK politics with the Conservatives taking control of the House of Commons with a landslide victory. Whilst the reality of what lies ahead in the next 5 years remains to be seen, there will of course be an impact on employment law as a result of this election.

In their manifesto, the Conservatives proposed to create a single enforcement body for employment rights to enforce employment law

The Government has just launched a consultation on how to tackle sexual harassment in the workplace. The consultation seeks views on how employers can be encouraged to better prioritise the prevention of sexual harassment.

Consideration is being given to a new duty to require employers to actively protect staff from harassment in the workplace. This would enhance current requirements by placing a preventative duty on employers to take action, for example, implementing an equality policy, raising awareness, providing training and dealing effectively with complaints.

The

It is fairly well known that the Equality Act 2010 affords protection against discrimination, harassment and victimisation on the basis of religion (or religious beliefs).

Perhaps less well known is that it can also provide protection in relation to certain philosophical beliefs.

To be protected such philosophical beliefs must be more than an opinion or viewpoint - it must be a genuinely held belief in relation to weighty and substantial part of human life and behaviour. It must also be serious and important, and have

As we approach 29 March there are changing levels of uncertainty around what might happen when the UK leaves the European Union, it is a good time to consider what options your business might have to take ahead of a possible Brexit.

The current position is that at 11pm on 29 March 2019 the United Kingdom will leave the E.U. This is known as the 'withdrawal date'. A European court has ruled that the UK can decide to halt the process and stay in the