Harrowells Banner Image

Our Resolve. Your Resolution.

Services
People
News and Events
Other
Blogs
Gillian Markland
 

Some staff continue to work from home. I want them to return to the office. Can I enforce this?

  • Posted

Some employees in my company have continued to work from home since the relaxation of Covid-19 restrictions. I want them to return to the office – can I enforce this? For both employers and employees, there are many benefits of working from home....

Is it too cold to work? What is your obligation as an employer?

  • Posted

With the prospect of further periods of very cold weather this winter, many employees may be concerned that the office is too cold, and it would be better to work from home. Whilst some employers may be open to employees working from home...

What shouldn't I ask a job applicant at an interview?

  • Posted

Recently a woman has been awarded £4,250 from a Domino’s Pizza store owner in an age discrimination dispute, after the prospective employer asked her how old she was during an interview. Mrs Walsh applied for a delivery driver role with the...

Government backs new law to provide additional paid leave to parents whose babies require specialist care after birth

  • Posted

New proposed reforms will allow parents to spend more time providing crucial care for their baby instead of worrying about returning to work or the possibility of having to take unpaid leave. The Neonatal Care (Leave and Pay) Bill will allow...

Why are employers struggling to recruit and retain?

  • Posted

At present, there is an unprecedented shortage of workers, and as a result employers are struggling to keep up with the demand of the economy. The two leading reasons for this shortage are Brexit and the COVID-19 pandemic. These events, both had a...

When can an employer be vicariously liable for the acts of their employee?

  • Posted

A common principle of employment law is that employers can be held liable for the conduct of their employees. However, a point of regular debate is when this liability arises, especially in the case of horseplay at work. This was recently...

Annual update to Statutory Payments

  • Posted

With the start of a new tax year comes the annual increases to various statutory payments. Between 1 and 6 April 2022, a number of payment increases will come into force and we have highlighted some of the most important ones for employers to be aware of. ...

Rooney v Leicester City - this one is about menopause discrimination, not football

  • Posted

Even though more and more women over 50 make up our workforce, there is still a lack of understanding as to how menopause affects an employee experiencing it. The recent case of Rooney v Leicester City Council demonstrated how the effects of menopause could...

Are you paying your staff the correct minimum wage?

  • Posted

Most employers would assume their staff are being paid National Minimum Wage (NMW). However, a key concern of the NMW arises from the deductions that employers make when calculating their workers’ wages, as this can leave a worker with pay that is...

How do I ensure I protect my LGBTQ employees against discrimination?

  • Posted

Media discussions of discrimination towards LGBTQ individuals have raised many queries on how such intolerance can be combatted, especially in the workplace. Currently, LGBTQ people are protected from discrimination under either ‘sexual...

COVID-19 voluntary vs mandatory vaccination policies

  • Posted

Since the roll out of the coronavirus vaccine, starting in winter 2020, the majority of people have taken up the opportunity to be immunised. However, a minority have shown some reluctance or declined to have it. For employers, unvaccinated employees could...

Do your recruitment and equal opportunities policies reflect our developing understanding of gender?

  • Posted

Our understanding and perceptions of gender and sex have evolved significantly in recent times. The landmark case of Taylor v Jaguar Land Rover has now further developed our understanding of gender, and confirmed that those identifying as non-binary or...

Protecting your business from former employees - potential developments in the pipeline

  • Posted

A non-compete clause is a type of restrictive covenant commonly found in employment contracts. Their purpose is to protect a business by preventing an employee from either (a) working for a competitor or (b) setting up their own competing business for a...

Self-employed or freelance staff? The Uber case and its implications for SMEs

  • Posted

Does your business rely upon staff who you deem to be freelance or self-employed? If so, you would be well-advised to take a moment to review those relationships in light of the recent decision in Uber BV & othrs v Aslam & othr s. If, as in the...

IR35 and what this may mean for you

  • Posted

A number of tax changes were due to be brought into force in April 2020, including those encompassed by IR35, which covers the relationship between organisations and any contractor using a personal service company (PSC). Due to Covid-19, implementation...

How employers can prepare for attendance at an online employment tribunal

  • Posted

Given the increased likelihood of having to defend tribunal claims, it is important that businesses understand the process and logistics of attending a hearing. This is arguably even more important now that many employment tribunal hearings are being...

Employee wellbeing: what are businesses legally obliged to do?

  • Posted

With the impact of the Covid-19 pandemic changing the ways in which many work, employee wellbeing is coming to the forefront. Ensuring that employees are happy and fulfilled in their job roles can be an important contributor to productivity and,...

Are employers obliged to accept a request for flexible working?

  • Posted

With the impact of the Covid-19 pandemic resulting in large numbers of employees working from home, many have found that they can work just as effectively as they did whilst in the office. Recent statistics and surveys have shown that many employees would...

What options can employers consider as an alternative to redundancy?

  • Posted

Redundancies normally occur as a result of a business needing to cut costs or restructure existing roles. However, before deciding whether or not to dismiss an employee on the grounds of redundancy, there are other ways that a business could reduce its costs...

Have the redundancy rules been relaxed due to Covid-19?

  • Posted

Have the redundancy rules been relaxed due to Covid-19? The short answer is no. Even though businesses are going through very difficult trading times, they must still comply with employment legislation when it comes to making redundancies. ...

Are redundancies the only option to save employee costs after the furlough scheme comes to an end?

  • Posted

The Government has confirmed that the job retention scheme has been extended until the end of October 2020. From 1st August, furloughed workers will be able to return to work on a part-time basis and the Government expects employers to pay a percentage of an...

Points-based immigration going ahead despite Covid-19 disruption

  • Posted

According to a recent Home Office update, the new points-based immigration system due to take effect from January 2021 is not on the back-burner with the Covid-19 pandemic, but set to go ahead as planned. The new system will apply to EU and non-EU...

Managing risk of claims by employees when lockdown is relaxed

  • Posted

As an employer, you will have been focusing heavily on the financial and operational implications of the rapid lockdown. However, to stay ahead of the curve, you need to start thinking now about the many practical aspects of a potential relaxation in the...

Employment Law Update April 2020

  • Posted

Employment Law Update April 2020 We live in challenging times. The Government is taking steps to keep the economy going during the COVID-19/coronavirus pandemic. Legislation is being enacted in weeks rather...

Unwittingly triggering discrimination at work claims

  • Posted

Equal opportunities legislation was introduced to provide a level playing field for everyone, so that every individual has the same opportunity for employment, training, pay and development as any other, irrespective of their...

Why you should have a Staff Handbook

  • Posted

A Staff Handbook is a written collection of an employer’s policies, procedures and practices which can cover a variety of topics including HR policies, employee code of conduct and operating rules. There is no legal requirement to have a Staff...

Protecting your business from employees who resign

  • Posted

Key employees who work directly with clients and have access to confidential information can pose a risk to a business when they choose to leave. It is crucial that you do what you can to protect your interests. If not, departing employees...

Itemising hours worked on payslips

  • Posted

What’s on your payslip? If you pay members of staff a variable amount based on the time they work, you need to know that the way you draft your payslips is changing from April this year. As we have mentioned at recent seminars, from April you...

Avoid Bank Holiday complications

  • Posted

With a positive flurry of Bank Holidays in May, we thought it topical to remind employers how best to avoid some unwitting complications in relation to Bank Holiday allowances. Employees do not have a statutory right to take time off at Bank Holidays, nor is...

Keeping on top of recent changes to employment rights

  • Posted

In addition to increases in the National Minimum Wage, employers need to remember that April brought in a number of other important changes, including those relating to termination payments, statutory family-related pay, sick pay and redundancy pay. To...

Useful GDPR summary aimed at smaller businesses

  • Posted

If you are responsible for HR in your organisation, you will hopefully have locked onto the fact that new data protection rules (GDPR), coming into force on 25 May, have an impact on how you store and use employee and other personal data.  There is a...

The scope of the 'without prejudice' rule and when to use it

  • Posted

A recent case will serve as a warning to employers when having 'without prejudice' conversations that they cannot select which parts of such conversations they rely on whilst, at the same time, argue that other parts cannot be relied upon. In the...

Podcast on what GDPR means for employers

  • Posted

More and more business owners and managers are becoming aware that new data protection rules (known as 'GDPR') come into force in May next year. What is not always appreciated is that the rules cover all aspects of personal data and that...

Start planning now for new data protection rules

  • Posted

New Data Protection Rules. They impact on every aspect of your business, from HR to marketing, so start planning now New rules concerning the storage, handling and use of data by organisations come into force in May next year – by virtue of the...

Can an employer monitor content of employee personal messages?

  • Posted

Can an employer monitor the content of an employee’s personal messages sent from a work email account? Probably not. A recent decision of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania has...

Ask all job candidates the same questions about care responsibilities

  • Posted

A recent successful compensation claim against the Japanese Consulate in Edinburgh highlights why it is important to ask all job candidates, male and female, the same questions about care responsibilities and how such responsibilities might affect...

Holiday Pay - the final decision on commission...for now!

  • Posted

The decision is in. The Supreme Court has refused permission for British Gas to appeal the holiday pay case brought by Mr Lock. What does that mean for employers? Essentially it means that any employees who earn results-based commission must have that...

Blurred lines - employee, self-employed or worker?

  • Posted

In light of the 'Uber' and 'Citysprint' Employment Tribunal decisions and the very recent 'Pimlico Plumbers' Court of Appeal decision, it is clear that 'Worker' status is highly topical, evolving and a potential pitfall for...

Tribunal rules council guilty of constructive dismissal of trainee solicitor

  • Posted

A trainee solicitor, who was bullied by his training principal and legal manager at a district authority in North Yorkshire, secretly taped review meetings where he was intimidated, an employment tribunal heard. David Bowes, 27, discreetly taped...