How to attract and retain Generation Z employees: A Legal Perspective

Losing staff is expensive. Recruitment costs, lost productivity, and training new employees can far outweigh the investment required to retain existing staff. ‘A well-drafted employment contract, combined with modern workplace policies, can significantly improve staff retention—particularly when it comes to Generation Z’, states Jessica Gowar, Head of Employment at Ware & Kay Solicitors with offices in York, Wetherby & Malton. Understanding Gen Z in the workplace Gen-Z, those born between 1997 and 2012, are sometimes perceived as "difficult" employees. In reality, they simply have different workplace values and clearer personal boundaries than previous generations. The World Economic Forum predicts that by 2030, Gen-Z will make up approximately one-third of the global workforce. Employers who adapt their approach now will have a competitive edge in securing and retaining top talent. Key areas to focus on include…

Start up to scale up – planning to take on your first employee(s)?

If you are starting a business from scratch or expanding and you need people to work for you, your first crucial decision is whether to use employees on a fixed term basis or engage self- employed free lancers. The choice will depend on various factors and each status has disadvantages and advantages, but the difference between the two is crucial as not all contracts say what they mean. ‘Understanding the difference in employment status is important as this determines your legal obligations. The differences can be subtle, and it can be all too easy to fall into the trap of treating a freelance worker as an employee, and visa versa,’ says Jessica Gowar, Head of Employment with Ware & Kay. This can lead to misunderstandings between you, and can leave both parties in vulnerable positions. It…

The new Employment Landscape for farmers

Finding, and retaining good, loyal and reliable employees is a challenge for every employer – but especially so for farmers since Brexit, according to a survey commissioned by Arla in 2024, which states that famers are now paying more for their staff, in addition to increased stock and running costs. In addition to Brexit, the Employment Rights Bill may bring further contractual issues as most farm employers typically use a combination of full time, fixed term employees, agency workers and seasonal workers on zero hours contracts. Jessica Gowar, Head of Employment at Ware & Kay incorporating Pearsons & Ward warns that “Soon, zero hours contracts will be considered to be exploitative and therefore will be banned, so farmers need to act now to stay ahead of the curve, and protect themselves from potential problems and employment…

Do you need an employment policy for AI use at work?

Rapid changes are underway in the world of work due to the increased use of increasingly sophisticated artificial intelligence (AI) products that are available to employees and contractors. As with any innovation, it can take a while to fully understand the benefits and the risks, and for policies and procedures to catch up. ‘Employers and recruitment agencies use AI in recruitment; and employees are making use of AI to carry out their jobs, sometimes on their own initiative,’ says Jessica Gowar, Head of Employment with Ware & Kay Solicitors. ‘While the advantages can be transformational, using AI is not without risk and now might be a good time to consider developing a policy on the use of AI by employees, and to check with your recruitment agencies how they use it’. Jessica highlights key areas…

Four common mistakes with employment contracts

Although there is no legal obligation for employers to provide a contract of employment for their employees, there is a legal requirement to provide a written statement of terms, or “particulars” of employment as soon as employers engage new personnel. This is often a confusing distinction, so why not start with a clear contract of employment which outlines both employer and employee responsibilities and obligations from day one and avoid the headache of disputes later? “The relationship between an employer and an employee is, at its root, a personal one. Both employee and employer should understand and accept the terms of their relationship jointly in order to make that relationship work effectively. Contracts of employment are the backbone of the workplace relationship” says Jessica Gowar, Head of Employment with Ware & Kay. “It is not…

ACAS, mental health and reasonable adjustments: what employers need to know

Employers are increasingly aware of the importance of supporting employees’ mental health for many reasons, including improved retention, attendance and productivity. Underpinning this is a legal duty to make reasonable adjustments where the individual’s mental health condition is a disability under the Equality Act 2010. Mental health problems need to be taken as seriously as any physical conditions. Employers may be expected to make adjustments even when the individual does not consider themselves to be disabled. Understandably, managers may have concerns about privacy or not being equipped for dealing with mental health issues in the workplace. Last year, Acas published their guidance on reasonable adjustments for mental health, which provides practical advice on the topic. In this article we highlight the employers’ legal responsibilities, give examples of reasonable adjustments for mental health, and offer a few…

Protecting Your Business: A Guide to Non-Compete Clauses and Restrictive Covenants

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to work for a competitor. It is therefore prudent to take steps to protect confidential information, such as pricing strategies, bids, or cutting-edge research, and to guard relationships with clients or suppliers that could be exploited to another business’s advantage. At the start of employment, employers often include restrictions, known as restrictive covenants, on what an employee can do with information and contacts gained during their employment. However, even if a former employee could damage your business, there are limits on the restrictions that can be placed on them and how far you can prevent them from competing with you. What are non-compete clauses? Non-compete clauses are…

A time of change: the Employment Rights Bill and the Autumn Budget

By the end of 2026, employment rights are expected to be considerably different to those in force today. Although much of the detail will be the subject of consultation which then needs to be pinned down in regulations or codes of practice, the publication of the Employment Rights Bill in October 2024 indicates the big changes that are on the horizon. Protection from unfair dismissal, family-friendly rights, guaranteed hours for vulnerable workers, and protection from harassment, are all areas that will see new rights or an expansion of existing rights. The Government policy paper ‘Next steps to making work pay,’ mentions further future reforms and areas for consultation. The main points in the Bill, and the changes to employer’s national insurance contributions which were announced at the autumn budget are below. The Bill also includes provisions…

Managing Employees Arrested for Off-Duty Conduct: When crime doesn’t pay.

When an employee is arrested for a crime committed outside of their employment, employers face the challenge of managing the situation while balancing fairness to the employee, protecting the business’s interests, and complying with English employment law. In this article I outline the steps employers should take when dealing with an employee arrested but not yet charged, how and when they may cooperate with the police, and the appropriate disciplinary procedures if the employee is subsequently charged and convicted. Initial Steps upon Arrest 1. Gather Information Confirm Facts: Verify the arrest through reliable sources, such as police reports or direct communication with the employee. Avoid acting on hearsay or rumours. Understand the Allegations: Determine the nature of the alleged crime, its severity, and any potential impact on the employee's role. 2. Assess Impact on Employment Relevance…

Departing employees and non-compete clauses; an employer’s guide

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to work for a competitor. It is therefore prudent to take steps to protect confidential information, such as pricing strategies, bids, or cutting-edge research, and to guard relationships with clients or suppliers that could be exploited to another business’s advantage. ‘At the start of employment, employers often include restrictions, known as restrictive covenants, on what an employee can do with information and contacts gained during their employment,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. ‘However, even if a former employee could damage your business, there are limits on the restrictions that can be placed on them and how far you…