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Employment Matters

Welcome to this month’s edition of Employment Matters, where we bring you insightful articles and expert advice on crucial workplace topics.

In this issue, we provide your essential guide to the employment law changes proposed by the Labour government, which is a must read for every employer.  We also look at the Code of Practice on ‘Fire and Rehire’ as well as the national minimum wage – are you paying it?  Be sure not to end up on the “name and shame” list published by HMRC.

Provided you are not too sore after the Euros, we discuss professional sports employment contracts and bonuses – a must read from our specialist sports team.  If you don’t quite have a squad of 11 employees just yet then we also provide a guide on employing staff for the first time.

We hope you have an exciting summer ahead of you, whether it is a city break or lounging on a beach with your favourite book!  Our employment lawyers, on the other hand, love nothing more than to read a good employee contract or handbook.  So why not let us take a look at yours this Summer and take us up on our free employee contract and handbook review.

We have recently updated our own handbooks with key employee wellbeing policies, updated artificial intelligence (AI) guidance for employees as well as to take account of new legislation on parental bereavement leave and carer’s leave as well as changes to flexible working and paternity leave. All of our handbooks are gender neutral and ensure a strong guide covering your employee’s rights and responsibilities.

A handbook provides a first impression for new starters or an essential point of reference for managers and employees alike. With our free review we provide a traffic light report confirming those areas which are good and need no changes (green); areas which could be improved for the better protection of your business (amber) and those areas which are legally non-compliant and need updating (red).

If you’re interested in our free employee contract and handbook review, please reach out to Paula Squire.

Marc Long
Head of Employment and HR Team

In this edition

  • Employment law changes proposed by the new Labour government: An employer’s quick guide
    Following the Labour Party’s victory on 4 July 2024, we now turn to the employment law agenda proposed by the party which promised sweeping plans and caused a stir before the elections took place. Paula Squire, Partner and Head of the Employment Team in Taunton guides you through what you need to know.
  • Code of Practice on “Fire and Rehire” practices
    The practice of “fire and rehire” has sparked considerable controversy in recent years, especially for employers using such practices to change employees’ terms and conditions, often for the employer’s own benefit. This has become a focal point for discussions about worker’s rights.
  • So you think you are paying the national minimum wage?
    We know from the annual “name and shame” list issued by HMRC that even the largest, most well-known employers fail to pay their lowest paid staff the National Minimum Wage (NMW). Could you unwittingly be one of them? And if you are, don’t you just have to repay the underpayment?
  • Professional sports employment contracts and bonuses
    Bonus schemes to incentivise and reward an employee’s performance are an important part of the employment relationship. In professional sport, contractual bonus schemes often trigger significant (multi-million pound) bonus distributions, and it is critical that the parties’ intentions are reflected accurately in the contract drafting. Tim Copplestone, partner in our Employment team discusses.
  • Checklist: 10 things you need to do when employing staff for the first time
    It is crucial to understand the many legal considerations involved with hiring new staff. Whether you’re a first-time employer or have never hired an employee before, there are essential steps to follow and consider including, pay, employee insurance as well as your key policies and procedures. Sharon Latham, partner in our employment team explains.

Contact us

Please get in touch with a member of the Employment team if you would like to discuss any of the topics mentioned in this article.

Posted:

Previous editions

August 2022

  • Court of Appeal overturns High Court decision on Tesco ‘fire and rehire’
    The Court of Appeal has allowed an appeal from Tesco against the previous decision of the High Court which granted an injunction preventing it from ‘firing and rehiring’ employees in order to force a change to terms and conditions of employment.
  • Gender critical beliefs are protected in the workplace
    In June 2021 Ms Forstater successfully established a binding legal precedent that gender critical beliefs were in principle protected by the Equality Act. Following that appeal her case continued at the Employment Tribunal to determine whether she was discriminated against on the basis of her protected belief.
  • Employers must ensure that the “punishment fits the crime” when considering disciplinary sanctions
    When a disciplinary officer has heard all the evidence at a disciplinary hearing, they must decide whether it is appropriate to impose a disciplinary sanction. This could be anything from a first written warning to dismissal without notice. When considering dismissal there are 5 potentially fair reasons. These are conduct, capability, redundancy, a legal reason and ‘some other substantial reason’. This article focuses on conduct dismissals.
  • Keeping the status quo: the Government confirms that it will not reform the law on employment status
    The Government has published a response to its 2018 consultation on the UK’s current employment status framework. The Government’s response confirms that it will not reform this complex area of the law. Businesses must therefore continue to use the current framework to determine the correct employment status of individuals providing services.

June 2022

  • A breach or a fundamental breach
    Constructive unfair dismissal claims are difficult claims to bring successfully as the burden is on the Claimant to show that there was a fundamental breach that they resigned in response to (promptly).
  • Forcing an employee to express milk in car and toilet held to be harassment
    An Employment Tribunal has recently held that a school committed an act of harassment on the grounds of sex when they did not provide a space for a female teacher to express breast milk at work.
  • The menopause at work – why should it matter to employers?
    The Minister for Work and Pensions and Minister for Women, has this week confirmed that the Government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010. However, employers should still consider the implications of menopause which is an emerging issue for employers.

Your key contacts

Email Marc Long
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Marc Long

Head of Employment and HR Team/COFA

Southampton and London
Marc Long is the Head of Clarke Willmott’s Employment and HR team specialising in TUPE and outsourcing.
View profile for Marc Long >

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