So, you want to grow your business?

Family businesses have traditionally relied on what previous generations have always done in order to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many have already realised the benefit of technology, with the internet and mobile telecommunications at the heart of business growth.   However, have you ever thought about that next step? Scaling up? Taking on new employees so you can readily meet the new demands of your customers? What are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very…

Sex Discrimination

Sex Now that I have your attention…you find yourself curiously reading on and, for that, I thank you. Did you know that Sex is one of many protected characteristics contained within the Equality Act 2010? These characteristics are: Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation. Essentially this means that individuals who have these characteristics and feel discriminated against because of these characteristics may have rights and claims against not only their discriminators but even those who are responsible for those perpetrators e.g. an employer. The topic of discrimination is expansive and each characteristic would merit an article in its own right. However, in this piece I want to touch on the characteristic of ‘sex’ and how this impacts the workplace. Q. What is the…

Growing your business

Farming families have traditionally relied on their land and livestock to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many in the primary sector have decided to supplement their income (and in turn their security) by diversifying their business to include farm shops, garden centres and, in some instances, magical lands filled with ice cream and fair ground rides. However, what are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very specific content. There is a right to a pay slip…

Spring 2022 - Employment law update for employers

April is usually the month when the Government introduces new employment legislation, and in recent years has announced its commitment to introducing significant new rights, such as neo-natal leave and a duty to prevent sexual harassment in the workplace. ‘While there are very few big changes this April, employment law remains a fast-moving area of law,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors. He explains the key changes employers need to know about this year and looks back at recent developments. Closure of the Statutory Sick Pay (SSP) rebate scheme Employers are no longer able to claim back SSP for coronavirus-related absences or periods of self-isolation after 17 March 2022. The usual SSP rules now apply with employees being entitled to SSP from the fourth qualifying day of absence. Repeal of…

Employment Law Newsletter March 2022

This article covers: 1. Horseplay and Vicarious Liability 2. Holiday pay and the Gig Economy 3. The Great Resignation 4. Climate Friendly Employment Contracts 1. Horseplay and Vicarious Liability Mr Heath detonated two explosive pellets close to Mr Chell causing injury to his hearing. This happened in the workplace, namely on the premises of Tarmac. Were Tarmac vicariously liable as employer? In the case of Chell v Tarmac, Mr Chell claimed they were. He cited a history of friction between fitters employed directly by Tarmac, and others by Roltech – rivalries arose. The potential vicarious liability of an employer is relevant where an employee causes injury in the context of work. Obviously employers, being insured, have deeper pockets than employees so the injured party will often look to the employer for recompense.  Mr Chell considered there…

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even if your employee is guilty of misconduct or their job is clearly redundant, you still need to take care when dismissing. An employment tribunal will also decide if the dismissal was fair in all the circumstances. It is crucial that employers follow the right steps to ensure dismissals are fair or the employee could bring a successful claim for unfair dismissal.  Our article highlights pitfalls to avoid and ways businesses can minimise risks. Why is the procedure so important? When deciding if it was fair and reasonable to dismiss the employee, employment tribunals examine the procedure followed by the…

Receiving an employment tribunal claim: what to do next

At some point, many businesses will receive a tribunal claim against them from an employee, former employee or even an applicant. Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible. This article runs through what happens at the start of the process, sets out what to do to help prepare the defence, and gives tips on how to keep down legal costs. Acas early conciliation An employment tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger early conciliation. Early conciliation lasts up to six weeks, during which time Acas mediate between you and the individual to try to settle the potential claim against your business. If the conciliation is unsuccessful, the individual…

Return to the workplace: be aware of an employee’s disabilities

Now is a time of transition as employees return to the workplace either on a hybrid basis or for all their working time. Employers need to keep in mind the impact of this shift on any employees’ disabilities. The impact of the pandemic on some of your employees’ health may only come to light as employees move away from homeworking.  This article runs through employers’ responsibilities in relation to their employees’ disabilities and key areas to look out for in managing this transition. What is a disability? Employers should not wait for employees to tell them that they have a disability. Instead, you need to be alert to signs of disability. This could mean, for example, if an employee’s performance is below par and there are signs that they are feeling low, it may be appropriate…

Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the changes to working practices which were introduced ‘on the hoof’ as businesses adapted to the pandemic may have become permanent, and many lessons have been learned about new ways of achieving the same business objectives. ‘Alongside Covid, we have also seen a huge shift in the awareness of diversity and inclusion and, after so much change, now is a good time to check your policies are relevant for your company in the future,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. It is also timely to look at wider issues relating to policies, such as best practice around introducing and changing…

Employment Law Update November 2021

This article covers: 1. Menopause: why are workplaces failing women? 2. Fire and rehire: the saga continues 3. Supporting workers in the Covid-19 vaccination programme 4. The climate & ecological emergencies and the workplace 1. Menopause: why are workplaces failing women? Recent research demonstrates that as many as sixty percent of women are currently suffering or will suffer from disabling menopausal symptoms. This means workers at every level who are female or who identify as female are suffering from debilitating menopausal symptoms. Overlooking the consequences of menopause in the workplace can lead to: an unhappy, underperforming workforce high levels of sickness absence loss of workers at every level leading to skewed figures on wage equality and unequal representation in the boardroom  claims in the employment tribunal on the grounds of sex, disability, or age discrimination…