Archives

Archives / 2017 / October
  • Don’t Get Spooked By Employment Law This Halloween

    Tags: Employment Law, Employment Tribunal, Halloween, UKEmpLaw, October, Misconduct, Absence Management, Discrimination

    It is no surprise that Halloween is one of the holidays that nearly everyone celebrates. Celebrations range from trick or treating, pumpkin carving contests, adult costume contests to parties with alcohol. 

    For employees’ they all encourage interaction and workplace engagement but for employers’ they all open the door for potential liabilities and concerns. So what are the 5 top legal issues that employers need to be aware of to avoid the scare this Halloween?

    1. Discrimination against Pagans 

    Religion is simply defined by the Equality Act as “any religion”, and does not state the belief has to be a major religion to be protected. Therefore employers must take non-mainstream religions as seriously as they do with the major religions. 

    In … more

  • Dealing with Sexual Harassment in the Workplace

    Tags: The Equality Act 2010, Sexual Harassment, Employment Law, UKEmpLaw, UKEmpLaw, Me Too

    The New York Times expose’ concerning American film producer Harvey Weinstein and sexual harassment allegations has sparked important discussions on both sides of ‘The Pond’. 

    The social media movement #MeToo has inspired our friends, family, and colleagues to share posts concerning sexual harassment they have experienced in the workplace, unfortunately it seems like one too many women, in all walks of life, have experienced something unpleasant relating to their gender. 

    So what lessons can businesses learn when they are faced with allegations of sexual harassment? 

    What is sexual harassment?

    Under the Equality Act 2010 (EQA), sexual harassment is defined as being unwanted conduct which has the purpose or effect of violating someone’s dignity … more

  • Managing mental health in the workplace

    Tags: Disability Discrimination, Mental Health Issues, Employment Law

    Last week saw social media awash with the hashtag #MentalHealthAwarenessDay which had people sharing positive messages and generally discussing mental health. While, it may seem that we are a little late into the discussion, given its importance we decided that it’s never too late. 

    Personally, I was surprised the other day, while chatting with a GP friend, with their assertion that that it can be the misuse and abuse of drugs and alcohol that can cause depression. Most of us, me including, are under the misguided impression that people use substances to deal with stress and depression.

    Whilst it is important to note that addiction is not a disability, the impairment caused by one, whether physical or mental, can be. 

    There are large costs incurred to the business … more

  • Managing absence: Hurricane Ophelia

    Tags: Employment Law, Weather Disruption, Hurricane Ophelia

    This year has been quite eventual as we have suffered disruptions from storm Doris and Ewan earlier this year and now the Met has warned about the chaos that is likely to be caused by Hurricane Ophelia. Employees are likely to encounter problems getting to work, from delayed trains, car and household damage to dangerous walking conditions.

    Given that there is a yellow warning in place for much of Wales, Scotland, the North-East, North-West and South-West of England as well as the West Midlands, we thought it would be a good idea to remind employers in how to deal with disruption caused by staff not being able to get into work. 

    First port of call is review your handbook to ascertain whether or not you have a severe weather policy, in the event that you do not, then follow this … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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