The Information Commissioner’s Office has issued new guidance in light of the relaxation of government measures reminding organisations to review their approach to collecting any information to ensure that ‘it is still reasonable, fair and proportionate to the current circumstances, taking the latest government guidance into account’. You should securely dispose of any additional information…
Ten practical steps to reduce work-related Covid-19 claims
The Government’s Living with Covid Strategy has significantly deregulated Covid-19 measures in the workplace, but employees can still bring claims connected with its risks. How can you protect your business? 1 Stay away! Be clear that employees should not attend work for at least five days if they have tested positive for Covid-19. Government public…
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Should you ignore a grievance from a former employee?
No. Even if you do not follow your full formal grievance procedure, you should do something. In Base Childrenswear Ltd v Otshudi, the Employment Appeal Tribunal (EAT) upheld a decision to award a 25% compensation uplift to reflect the employer’s unreasonable failure to comply with the code when a grievance was submitted after dismissal. So,…
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Can you lawfully search your employees?
Yes, in certain circumstances. In Harding V Oldham College an employee who was sacked after her employer searched her bag and found illegal drugs inside has lost her claim for unfair dismissal. What happened? Zero tolerance Oldham College (O) operates a zero tolerance policy in respect of illegal drugs on its premises. Amy Harding (H)…
Working elsewhere during sickness absence
You have discovered that an employee who’s been off sick is working elsewhere for another employer. Does this give you automatic grounds for disciplinary action on the basis that their sickness absence is fraudulent? Check Approach with caution. Always check your sources. Consider whether the person reporting the moonlighting has a malicious motive or they…
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A guide on the Equality Act sex and gender reassignment provisions
On 4th April 2022, the Equality and Human Rights Commission published guidance for service providers operating a separate or single-sex service and their approach to trans people’s use of the service. This includes guidance on the Equality Act 2010 gender reassignment provisions, which allow such service providers to exclude, modify or limit access to trans…
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April 2022 employment law changes: ten tasks for HR
1 Publish your gender pay gap report Organisations have 12 months to publish their gender pay gap figures from the relevant snapshot date. The reporting deadline is 30th March 2022 for public-sector employers and 4th April 2022 for private-sector and voluntary-sector employers. Organisations must publish reports on their website and the gender pay gap reporting…
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We all get an extra day’s holiday, don’t we?
We all want more holidays so when the government announced an extra bank holiday on Friday 3rd June to celebrate the Queen’s platinum jubilee, monarchists and republicans celebrated. Thursday 2nd June replaces the usual late May bank holiday, which could make a four-day weekend. But, if your business is in catering, hospitality, or retail, you…
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Digital fit notes
GPs have largely moved to virtual consultations since the outbreak of the Covid-19 pandemic. That has increased the demand for digital fit notes. From 6th April 2022, doctors will no longer have to sign in ink. They will be able to issue fit notes digitally. New regulations prescribe a new form of the fit note,…
P&O Ferries
P&O’s decision to dismiss 800 people through a three-minute pre-recorded message not only betrayed a lack of compassion but, at first glance, appears to ride roughshod over the protections afforded to UK employees at risk of redundancy. P&O seems to be pinning its hopes upon legislative exemptions that apply to mariners. But what happens to…
How to test employees for drugs and alcohol
An employee finds a bag of cocaine in your canteen. You work in a safety-critical environment. The discovery triggers concern about more accidents, more absenteeism, poor performance and criminal offences. You want to test your employees. You’ve identified that the health and safety reasons outweigh the considerations of data protection, interfering with human rights and…
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Acas publishes new bereavement guidance
Grief affects us all differently, so you need to tailor the support that you provide to bereaved employees. Acas has published guidance on time off and pay in Time off work for a bereavement It covers statutory rights including dependant’s leave, parental bereavement leave, maternity leave, adoption leave, shared parental leave and paternity leave. Where…
